Member Interface Agreement


For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Member agrees to the terms and conditions of this Member Interface Agreement (this "Agreement") as set forth below; to the Terms of Use Agreement (the "Terms of Use") and to the Privacy Policy that are posted on the Getmyboat Website, each of which may be revised or updated by Getmyboat from time to time and current copies of which can be accessed at:

Member Relationship with Getmyboat. This Agreement sets forth the Terms and Conditions of Member's use of Getmyboat's products, software, services and web Website(s) (collectively "Services"). Getmyboat means Getmyboat, Inc. d/b/a Getmyboat and (Getmyboat and Member are referred to herein each as a "Party," and collectively as the "Parties.") If Member does not agree to all of the Terms, Member must not use Getmyboat's Services. Getmyboat reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to Getmyboat's Services and cancellation of Member's Getmyboat account.


"Customer", "Renter", or "User" mean a person or organization that purchases Rentals from Member with the assistance of Getmyboat's Services. "Getmyboat Website", or "Website" mean the World Wide Web Website owned by Getmyboat and which has the URL and any and all other web Websites owned or operated by Getmyboat over which Getmyboat offers online advertisement services. "Member", or "you" mean any registered user of Getmyboat's Services that uploads boat rental solicitations and any related information to Getmyboat's Web Website for the purposes of holding out and offering boat rentals or boat rental services through the Getmyboat Website. Members include any party involved in offering or providing boat rentals to Getmyboat Users. "Terms" means this Agreement, the Terms of Use and the Privacy Policy.

Order of Precedence with respect to Getmyboat Terms. The provisions of this Agreement are supplemented by the Terms of Use and the Privacy Policy (a current copy of which can be accessed at:, which are incorporated herein by reference. (As noted herein, Getmyboat may revise or update the Terms of Use from time to time.) The Parties' relationship under this Agreement is governed by the provisions of this Agreement and the Terms of Use, except that the terms of this Agreement take precedence over any conflicting or contradictory provisions in the Terms of Use.

Acceptance. Use of Getmyboat Services constitutes acceptance of this Agreement. Member accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by Getmyboat in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Member understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.

Website Uptime and Display of Member-Generated Content. Uptime. Getmyboat will use commercially reasonable efforts to ensure that interfaces to Member and User access to Getmyboat Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the Getmyboat Website and when service interruptions are caused by conditions outside of Getmyboat's control. Getmyboat in no way guarantees that Services will be available without interruption.

Member-Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the "Content") you post on, transmit through, or link from the Website, are your sole responsibility. You agree that Getmyboat is only acting as a passive conduit for your online distribution and publication of your Content. More specifically, you are entirely responsible for each individual item of the Content that you make available via the Website. Getmyboat makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant Getmyboat the rights to use such Content in connection with providing the services.

Getmyboat is not responsible for any inaccuracy or incompleteness in the information provided by Member. It is the Member's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Member discovers that listing details are inaccurate or incorrect, it is the Member's sole responsibility to correct the information in the Member account interface or contact a Getmyboat representative to resolve any such error.

We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

Posting any Content that Getmyboat deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. Getmyboat reserves the right to remove Content at its sole discretion.

License. You retain all your rights in your Content. By posting such Content you grant Getmyboat an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in Getmyboat's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of Getmyboat's Service.

Copyright Policy & DMCA Notice of Alleged Infringement

Notification of Copyright Infringement

Getmyboat, Inc. ("Getmyboat") respects the intellectual property rights of others and expects its users to do the same.

It is Getmyboat's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at, Getmyboat will respond expeditiously to claims of copyright infringement committed using the Getmyboat website and mobile application (the "Site and Application") that are reported to Getmyboat's Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Getmyboat's Designated Copyright Agent. Upon receipt of the Notice as described below, Getmyboat will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement ("Notice")

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Getmyboat's Designated Copyright Agent:

Data Protection Officer
c/o Getmyboat, Inc.
700 El Camino Real Suite 120
Menlo Park, CA 94025

Photographs. If you choose to use the Getmyboat's photography service, you agree that Getmyboat will own all right, title and interest in and to the copyright rights in the resulting images.

Member Obligations

Registration. Prior to using Services, Member is required to register on the Getmyboat Website, and perform all actions necessary to comply with the Getmyboat Website registration requirements and the Terms.

Responsibility for applicable laws, rules and regulations, some of which, such as tax laws, change from time to time and may affect existing bookings Members agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to a booking and their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.

Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of boats, the conduct of their rental business, and the operation of any boat advertised on the Website, including but not limited to taxes, including as set forth herein, permit or license requirements, inspection and safety compliance, and verification of Renter identification and travel documentation, as applicable. It is the responsibility of the member to: fully vet, train, and make Renters aware of safety features, and ensure there is insurance coverage for each rental when acting as a captained charter, Members must ensure they meet all local regulations and licensing to act as a captained charter.

Subscription Fees. Members will not be required to pay Getmyboat any joining or initial subscription fee(s) related to use of Getmyboat's Services. Getmyboat, however, reserves the right to charge subscription fees at any time and shall notify Members of any changes in subscription fee policies. The Payment terms in the Terms of Use are expressly incorporated herein. We charge Members a service fee of 8.5% of the total rental (i.e., the booking and any additional expenses) for use of the Services. This 8.5% fee and any applicable taxes we collect on the rental and related charges will be deducted from the total amount charged to the Renter before payment is made to Member (i.e., the payment amount made to Members will be the total rental charged to the Renter less 8.5% and the taxes we will be remitting to the applicable governmental entity).


User-Member Communications. You agree that, with respect to other Members' or Users' personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Member or User related to the purpose of the Website (such as inquiring about or booking an on-line rental and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Member or User to any third party without both our consent and the consent of the Member or User. You agree that other Members or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Members' or Users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Member or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the Member's or User's express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.

Content and Layout

All Content and copy edits submitted by Members are subject to review and approval at Getmyboat's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Member intended.


Member (the "Indemnifying Party") will defend and indemnify Getmyboat (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party to the extent those taxes were as a result of the Indemnifying Party's failure to notify the Indemnified Party of the change in location of delivery of the boat to the renter and such location resulted in a change in applicable taxes (see next section).


Commencing with bookings made on and after the date set forth at the top of the first page Getmyboat will commence in some jurisdictions to charge and collect from the User all applicable state, local taxes or other taxes, including VAT, that Getmyboat is required by law to collect which may not include all applicable taxes on the rental amount and other charges made to the User through Getmyboat. The collection approach will be implemented over time and not it will not be implemented in every jurisdiction on the date noted. Getmyboat will notify Members in affected jurisdictions on the date it will commence charging and collecting in the jurisdiction that includes the Member's zip code. Pursuant to this agreement when Getmyboat commences collection of such taxes, you instruct and authorize Getmyboat to collect such taxes on your behalf, and to remit such taxes to the relevant authority. Any taxes that are collected and remitted by Getmyboat will be are identified to Members on their transaction records, as applicable. Getmyboat may charge and collect additional amounts from Members (including by deducting such amounts from future payouts) in the event that the taxes collected and/or remitted are insufficient to fully discharge such Member's or Getmyboat's tax obligations. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of taxes in any jurisdiction for any reason.

We hereby certify to the Member that we will collect only such amounts that to our knowledge Getmyboat is legally required to collect based on the information known to us, and we will remit such collected amount to the applicable taxing authority, which may not include all other taxes or sums the Member is required to collect and remit. The Member is not to collect any taxes from the Renter that Getmyboat collects and, unless otherwise required in the jurisdiction that includes the Member's zip code, should not report them on any sales and use tax or other tax return for such jurisdiction such Member otherwise files for other taxes collected or remitted on a return for the Member's other taxable activities in the jurisdiction where Getmyboat collects and remits such taxes. Members should collect and remit all applicable taxes that are not collected by Getmyboat. Getmyboat will make the determination of the applicable amount to be charged based on the zip code of the Member on file with Getmyboat unless and until the Member advises Getmyboat in writing of a change in the location of where the boat will be delivered to a User. The failure of the Member to immediately and timely notify Getmyboat of the actual or planned delivery of possession of the boat to a User in a location other than the Member's zip code will result in the Member being liable and obligated to pay or reimburse Getmyboat for any excess taxes, penalties or interest that is or will be due on such excess taxes.

In certain jurisdictions, the law or regulations may require that we that report information about you, or withhold taxes or other amounts from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold from payouts to you, we may withhold payouts up to the amount as required by law or as we are directed by an applicable governing authority, until sufficient documentation is provided. You agree that Getmyboat may issue on your behalf invoices or similar documentation to facilitate accurate tax reporting associated with a booking.

Governing Law. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Delaware, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.

Choice of Forum and Venue. You hereby consent to the exclusive jurisdiction and venue of state courts in Cobb County of Georgia, U.S.A., or the Northern District Court of Georgia, Atlanta Division, in all disputes arising out of the Terms or relating to the use of the Service.

Additional Terms Applicable to Direct Bookings

Service Charge. For the Direct Booking Feature, we charge the Member a service fee of 1.5% of the total rental with a minimum of a $5 USD service fee (i.e. the booking and any additional expenses such as taxes we are required to collect) for facilitating the rental, and this amount will be reflected in the final amount charged to Member's credit card. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process any necessary currency conversion (Getmyboat charges in US dollars unless otherwise specified) based upon Renter's currency on the day the credit card is charged and we will charge a conversion fee of 3% of the total rental for currency conversions. We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute "Transaction Fees". Getmyboat reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).

Monitoring. Under direct bookings, the Member is directly bringing the Renter to the Getmyboat site and submitting Renter information. Getmyboat is under no obligation to verify or monitor the information residing or transmitted to this site for the Direct Booking Feature.

You are required to carefully review the information submitted. Getmyboat makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein.

Limitation of Liability. You assume all responsibility and risk for the use of Direct Bookings. In no event shall Getmyboat, be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data or content, and transaction conducted through or facilitated by the site, any claim attributable to errors, omissions or other inaccuracies in the site, the service and or the content, unauthorized access to or alteration of your transmissions or data, or any other matter relating the site and or the service.

Terminate or Restrict Access. Getmyboat have the right to terminate or restrict access to any or all of this Direct Booking Feature, unilaterally and without notice, in its sole discretion. Getmyboat also reserves any and all remedies at law or equity in connection with violation of these Terms of Use.