TMBO Terms of Service

TMBO USA, LLC (“TMBO”, “we”, “us”, or “our”) operates the TMBO mobile applications (the “App”), the www.tmbousa.com website (the “Site”) and related TMBO service offerings (together with the App and the Site, the “Services”). Please read these TMBO Terms of Service (these “Terms”) carefully before downloading, installing, registering with, accessing or using the Services. Along with these Terms, please read our Privacy Policy, which is hereby incorporated and made part of these Terms.

BY USING THE SERVICES, DOWNLOADING, INSTALLING OR USING THE APP AND/OR VISITING THE SITE, YOU ACCEPT AND CONSENT TO ALL OF THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OR OLDER. ACCESS TO OR USE OF THE SERVICES BY ANYONE UNDER 18 YEARS OLD IS EXPRESSLY PROHIBITED. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY POLICY, OR ARE YOUNGER THAN 18, PLEASE DO NOT USE THE SERVICES, DOWNLOAD, INSTALL, CREATE AN ACCOUNT WITH, ACCESS OR USE THE APP, OR VISIT THE SITE.

These Terms generally apply across users of the Services, unless otherwise indicated. Some terms are specific to each of users who are Owners and users who are Renters. Where no distinction is made, the terms apply across all users of the Services. If you create and manage dock rentals through the Services you are an “Owner” under these Terms. If you book a dock using the Services you are a “Renter” under these Terms. A “Dock” could be categorized, but is not limited to private docks, private property, public docks, public property, waterfront businesses, storage facilities, and marinas.

Use of Our Services

Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Services or any content, information, software, products or services obtained from the Services, for any commercial purpose or enterprise. You may not use the Services, or any content within the Services, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of TMBO or other individuals or entities. The Services are intended to facilitate the listing and booking of dock rentals.

Subject to your compliance with these Terms, you may access the Services and display and use the content of the Services made available via the Site, and, subject to any expressly stated restrictions or limitation relating to specific material on the Services, electronically copy or download onto your device or other technology used to access the Services portions of the content from the Services strictly for your personal, non-commercial, lawful use. Subject to your compliance with these Terms, TMBO grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the App for your use on a single mobile device that is compatible with the App and is owned or otherwise controlled by you; and (b) access, stream, download, and use on such mobile device the content and services made available in or otherwise accessible through the App. If you make any other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Owner Terms. The following sections apply to an Owner. You, as Owner, will be asked a variety of questions regarding the dock rental (“Listing”), including, without limitation, demographic information, primary address, the dock location, size, features, availability of the Service, insurance coverage and information, and pricing. You acknowledge and agree that Listings are publicly available through the Services. Renters will be able to book your Listing through the Services based on the information provided in the Listing. You understand and agree that once a Renter requests a booking of your Listing, the price of such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. You represent and warrant that any Listing you post and the booking of, or Renter use of, a Listing you post (a) will not breach any third party agreements you have entered into; (b) will be in compliance with all applicable laws, tax requirements, rules, and regulations that may apply to the Listing including, without limitation, insurance requirements, maritime regulations, zoning laws, marina regulations, and laws governing rentals and operation of docks or boat storage; and (c) will not conflict with the rights of third parties. TMBO does not assume any responsibility for an Owner’s compliance with any applicable laws, rules, or regulations. TMBO reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that TMBO, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services.

You acknowledge and agree that TMBO does not act as an insurer or as a contracting agent for you. If a Renter requests a booking of your Listing and uses your dock in the Listing, any agreement you enter into with such Renter is between you and the Renter and TMBO is not a party to such agreement. Notwithstanding the foregoing, TMBO serves as the limited authorized payment agent and/or marketplace of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owners and is responsible for transmitting such payments to the Owner.

You acknowledge and agree that as an Owner, you are responsible for your own acts and omissions.

Renter Terms. The following sections apply to Renters. You, as Renter, will be asked a variety of required questions during registration, including, without limitation, demographic information and primary address. The Services are for your personal, non-commercial and lawful use only. You acknowledge and agree that you will be required to enter into an agreement with the Owner for the booking of a Listing. You agree to accept any terms, conditions, rules, and restrictions associated with such Listing as imposed by the Owner. The Owner, not TMBO, is solely responsible for honoring any confirmed bookings and making available the services in the Listing reserved by you.

You acknowledge and agree that you, not TMBO, shall be responsible for performing the obligations of any such agreements and that TMBO is not a party to such agreements. With the exception of its obligations hereunder to pay Listing Fees to the applicable Owner, TMBO disclaims all liability arising from or related to any such agreements.

Prohibited Uses

You may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to the Services, any portion thereof, including content accessible via the Services, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Services; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source. You agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

You may not and agree that you will not: (a) falsely imply that TMBO endorses you, as a partner, or otherwise mislead others as to your affiliation with TMBO; (b) infringe the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, or contractual rights; (c) use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including, without limitation, photographs of others without their permission, personal contact information, or financial account information; (d) use your Services in connection with the distribution of unsolicited commercial email or advertisements unrelated to the Services; (e) stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for the purposes of transacting as a TMBO Renter or Owner; (f) offer any Listings that you do not yourself own or have permission to list; (g) offer any Listing that may not be rented pursuant to the terms and conditions of an agreement with a third party; (h) register for more than one TMBO account of each type (i.e. you may have one Owner account and one Renter account) or register for a TMBO account on behalf of another individual; (i) contact an Owner for any purpose other than asking a question related to booking such Owner’s Listing(s); contact a Renter for any purpose other than asking a question related to a booking or related use of the Services; (j) recruit or otherwise solicit any Owner or Renter to join third party services or websites that are competitive to TMBO; (k) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (l) use the Services to find an Owner or Renter and then complete a booking of a Listing transaction independent of the Services in order to circumvent the obligation to pay any fees related to TMBO’s provision of the Services; (m) submit any Listing with false or misleading price information or with a price that you do not intend to honor; and (n) post, upload, publish, submit, or transmit any content that, in TMBO’s sole judgment: (i) violates, or encourages any conduct that would violate, any applicable law, rule , or regulation or would give rise to civil or criminal liability; (ii) is defamatory, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or entity; or (v) promotes illegal or harmful activities or substances.

You will not use the Services to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation. This includes, without limitation, maritime or admiralty law, zoning restrictions, and tax regulations.

TMBO shall have the right and ability to investigate and pursue any violations of any of the above to the fullest extent of the law. TMBO may involve and cooperate with law enforcement authorities in prosecuting those who violate these Terms. You acknowledge that TMBO has no obligation to monitor your access to or use of the Services or to review or edit any content, but has the right to do so for the purposes of operating the Services to ensure your compliance with these Terms, or to comply with applicable laws or requirements of a competent court, administrative agency, or other governmental body. TMBO reserves the right, at any time and without prior notice, to remove or disable access to the Services that TMBO, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Account

In order to access certain features of the Services, such as booking or creating a Listing, you must set up an account with us. You may not have more than one (1) active account of each type, Owner or Renter. When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current, and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Services. You are responsible for maintaining the confidentiality of your account information, including, without limitation, your account password and the restricting access to your mobile device and/or your account. You are responsible for any and all activities that occur under your account, including, without limitation, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account at support@tmbousa.com. It is your sole responsibility to control the dissemination and use of your password and access to and use of your account, and to notify us at support@tmbousa.com if you desire to cancel your account on the Services. You may not use anyone else’s password or account at any time on the Services. TMBO shall not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Services if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

No Endorsement

TMBO does not endorse any Owner, Renter, or Listing. Mere use of our Services shall in no manner be deemed to be an endorsement by us of the Owner, Renter or Listing; nor do we have any obligation to vet, screen, or background screen any person. While these Terms require Owners and Renters to provide accurate information, we do not attempt to confirm, and do not confirm, any Owner’s or Renter’s identity or other information provided by such Owner or Renter. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided in these Terms, TMBO will not be responsible for any damages or harm resulting from your interactions with other Owners or Renters. We may, but are not required, to block users of our platform that are subject to complaints from accessing our Services.

Bookings and Financial Terms

Owner. The following terms apply to Owners. When a booking is requested via the Services, we will share with the Owner the first and last name of the Renter who has requested the booking and a link to the Renter’s TMBO account profile page so that the Owner can view such information before confirming or rejecting the booking. When you confirm a booking requested by a Renter, TMBO will send you an email, text message, or message via the Services confirming such booking of Listing, depending on the selections you make via the Services.

The fees displayed in each Listing are comprised of the all fees, including, without limitation, Listing Rates, Service Fees and Transaction Fees. Listing Rate is the amounts due and payable by the Renter solely relating to an Owner’s Listing and approved for each individual rental agreement (ie, hourly, daily, monthly, or yearly). Service Fees, include but are not limited to the amount TMBO charges to Renters based upon a percentage of the Listing Rate and a Transaction Fees is based upon a percentage of the Listing Rate plus the Service Fees to cover, but not limited to charges by a third party. Where applicable, taxes may be charged in addition to the fees (collectively, the “Total Fees”). Please note that the Owner, not TMBO, determines the Listing Rates. The Listing Rates may include cleaning fees, at the Owner’s discretion.

In consideration for providing the Services, TMBO collects Service Fees and an Owner Commission Fee that is charged to the Owner. Each fee is based upon a percentage of the amount of the Listing Rate. Where applicable, taxes may be applied and charged. Owner Commission Fees are deducted from the Listing Rate before remitting the Listing Rate to the Owner. Service Fees are included in the Total Fees. The Listing Rates are paid out to Owners via direct deposit or other payment methods, in U.S. Dollars. Except as otherwise provided herein, Service Fees are non-refundable.

TMBO will collect the Total Fees at the time of booking confirmation and will initiate payment of the Dock Fees to the Owner, provided that TMBO has accurate account information including a connected Stripe account of the Owner, 24 hours after the Renter arrives at the Listing. Failure to charge any of the fees shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

In connection with your requested booking, you will be asked to provide billing information such as your name, billing address, bank account and credit card information to TMBO’s third party payment processor. TMBO’s third party payment processor may have separate terms and conditions that you are subject to that govern the use of that third party’s service and personal information collection practices. Please review such terms and conditions and privacy policy before using those services.

Renter. The following terms apply to Renters. You acknowledge and agree that, notwithstanding the fact that TMBO is not a party to the agreement between Renter and Owner, TMBO acts as Owner’s limited payment agent for the limited purpose of accepting payments from Renter on behalf of the Owner. Upon your payment of Listing Rates to TMBO, your payment obligation to the Owner for the Listing Rates is extinguished, and TMBO is responsible for remitting such amounts to the Owner.

Listings will specify the Total Fees. Renter agrees to pay TMBO for the Total Fees for any booking requested in connection with your TMBO account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your request, you understand and agree that TMBO, on behalf of Owner, reserves the right, in its sole discretion to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once TMBO receives confirmation of your booking from the applicable Owner, TMBO will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that TMBO does not control any fees that may be charged to a Renter by their bank or financial institution related to TMBO’s collection of the Total Fees, and TMBO disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide billing information such as your name, billing address, and credit card information to TMBO’s third party payment processor. You agree to pay TMBO for any confirmed bookings made in connection with your TMBO account in accordance with these Terms by one of the methods available through the Services. You hereby authorize the collection of such amounts by charging the credit card provided as part of the booking request through the payment processor. You also authorize TMBO to charge your credit card in the event of damage caused in connection with a Listing. TMBO’s third party payment processor may have separate terms and conditions that you are subject to that govern the use of that third party’s service and personal information collection practices. Please review such terms and conditions and privacy policy before using those services. Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your booking.

You acknowledge and agree that if TMBO is unable to collect a debt that is due within thirty (30) days, we may resort to a third party recovery service for the amount owed. In the event a third party recovery service is used, you agree that TMBO may pursue an action against you for the original amount owed, plus any commissions or expenses (including attorneys’ fees) related to pursuing such amount.

Limited Payment Agent

By posting Listings on the Services, each Owner hereby appoints TMBO as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of Listing Rate made by a Renter to TMBO shall be considered the same as a payment made directly to the Owner and the Owner shall make the Listing available to Renter in the agreed upon manner as if the Owner has received the Listing Rate. Each Owner agrees that TMBO may, in accordance with the cancellation policy selected by the Owner as reflected in the relevant Listing, permit the Renter to cancel the booking and refund to the Renter that portion of the Listing Rate specified in the applicable cancellation policy. In the role as a limited payment agent of Owner, TMBO assumes no liability for any acts or omissions of the Owner.

From time to time, we may become aware of persons attempting to conduct a transaction that would involve an unauthorized or fraudulent payment method. We hope to be able to assist Owners in avoiding such transactions, but we assume no liability or responsibility to either do so or to inform Owners of any such actual or suspected activity.

Owners and Renters are immediately responsible to TMBO for any and all credit card disputes, refunds, reversals, or fines regardless of the reason or timing. In some cases, but not all cases, you may have the ability to challenge such actions by submitting evidence to TMBO. We may request additional information to assist you in contesting the charge, but we cannot guarantee that your challenge will be successful.

TMBO does not insure you against losses caused by fraud under any circumstances. You are liable for all losses you incur when lost or stolen payment information or accounts are used to purchase services from you.

Insurance

The Owner of the Listing is responsible for providing and having an insurance policy covering the applicable Listing. TMBO will require the Owner to provide a complete, accurate and up-to-date declaration of insurance for verification for each Listingwhen completing each individual Listing. Please review any insurance policy carefully. Be sure you are familiar with and understand any exclusions to, and any deductibles that may apply for such insurance policy, including, without limitation, whether or not your insurance policy will cover the actions or omissions of, or relating to Renters and/or individuals the Renters invites to the rental, while on the dock or participating in the Services.

Damages to Listing

Renters are responsible for leaving the Listing in the condition it was at delivery, fair wear and tear excepted. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and the acts and omissions of any individuals that you invite to, or otherwise provide access to the Listing. In the event that following the conclusion of a rental, an Owner claims that the Listing has been damaged during the rental and provides evidence of damage, including, without limitation, photographs, or other evidence, you agree to pay the cost of repairing the damage or replacing the damage items with equivalent items. After being notified of the claim given forty-eight (48) hours to respond, the payment will be charged to the credit card on file in your TMBO account. TMBO also reserves the right to charge the credit card on file in your TMBO account or otherwise collect payment from you and pursue any avenues available to TMBO in this regard, in situations in which you have been determined, in TMBO’s sole discretion, to have damaged the Listing, including, without limitation, in relation to any payment requests made by Owner. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Listing to the applicable Owner or TMBO if applicable.

Cancellations and Refunds

Both the Renter and/or Owner are subject to a 72 hour cancellation and refund policy based on the agreement of start date and time agreed to within the Service. As a Renter, if you cancel your requested booking before the requested booking is confirmed by the Owner, TMBO will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If you wish to cancel a confirmed booking made via the Services, the cancellation policy contained in the applicable Listing will apply to such cancellation, whether you have arrived at the Listing or not. TMBO’s ability to refund the Listing Rates and other amounts charged to you will depend on the terms of the applicable cancellation policy. Those details are available via the Services.

If an Owner cancels a confirmed booking made via the Services, TMBO will refund the Total fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and the Renter may receive a communication from TMBO containing alternative available Listings and other related information. If the Renter requests a booking from one of the alternative Listings and that Owner confirms the Renter’s requested booking, then the Renter agrees to pay TMBO the Total Fees related to the confirmed booking of the alternative Listing, in accordance with these Terms. If an Owner cancels a confirmed booking and you, as a Renter, have not received an email or other communication from TMBO, please contact our support team at support@tmbousa.com.

Taxe

Each Owner understands and agrees that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors with respect to your income from paid Listings. TMBO cannot and does not offer tax-related advice to anyone using the Services. Additionally, please note that each Owner is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings.

Depending on your number and/or value of transactions via the Services, forms submitted to TMBO, and other factors, you may receive a tax form from TMBO and TMBO may send a corresponding report to the Internal Revenue Service or other applicable tax authority as required by law. We encourage you to consult a tax professional for assist reporting your income and any taxes owed.

11. Intellectual Property; Right to Use Your Content

You acknowledge and agree that the Services are provided under limited use license with limited access rights as set forth in these Terms and no software or intellectual property rights are sold or transferred to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, TMBO. TMBO and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, trade names, service marks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (a) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services, including any copy thereof; or (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.

Unless otherwise agreed to in a separate, written agreement between you and TMBO, if you submit, transmit, display, perform, post, or store content using the Services, you grant TMBO an unrestricted, worldwide, perpetual, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (including, without limitation, for promoting and redistributing part of all of the Services) and derivative works thereof, in any form, format, media or media channels; and (b) use the name, identity, likeness, and voice that you submit in connection with such content. By uploading and publishing the content, you represent and warrant that: (a) you are the creator and owner of the content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your content does not and will not (i) infringe, violate, or misappropriate any third-party right, including, without limitation, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) defame any other person; and (c) your content does not contain any viruses, spyware, worms, back door or other harmful or malicious code. Such content includes, without limitation, any audio, videos, music, text, graphics, images, information, or any other materials. You are solely responsible for your content and the consequences of posting or publishing the content on the Services. TMBO reserves all rights and remedies against any Owner or Renter that breaches these representations and warranties.

Updates and Unavailability

We may from time to time, in our sole discretion, develop and provide Services updates, which may include upgrades, bug fixes, patches or other error corrections, or new features. We may add or remove features or requirements and we may suspend or stop a feature altogether. You agree that TMBO has no obligation to provide any updates or continue to provide or enable any particular features or functionality of the Services. For the App, based on your mobile device settings, when your device is connected to the internet either the App will automatically download and install all available updates or you may receive notice of or be prompted to download and install available updates. You agree that all updates will be deemed part of the Services and subject to these Terms. You acknowledge that the Services may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. TMBO cannot, and does not, guarantee any specific minimum availability of the Services.

Third-Party Offerings

Apart from the Listings offered by individual Owners, you may be able to access websites, content, or services provided by other third parties through links that are made available through the Services. For example, we may permit third parties with related and/or affiliated services to link their products and services on the Site, and those links may redirect you to the websites of the third parties. Additionally, from time to time, we may refer you to one or more of our business partners who make available products or services through their respective websites or by other means. We refer to all such other websites, content, services and products as “Third-Party Offerings.” If you elect to use such Third-Party Offerings, and/or if you elect to “click” on a link or button, you understand that you will be leaving our Site or App and your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third party. You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings. The fact that we link to a third-party website or service is not an endorsement of that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices or their compliance with laws. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that we are not responsible for nor will it be liable to you or any third party for your interaction with such third parties.

Third-Party Service Providers

TMBO uses third parties to provide certain portions of the Services. For example, we have engaged service providers to provide website development, hosting and support and payment processing on our behalf.

Termination; Suspension

You can stop using our Services at any time and may terminate these Terms at any time by stopping use of the Services, including by deleting the App and all copies from your mobile device or by no longer accessing the Site. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason, including, without limitation, a breach of these Terms or our Privacy Policy. If you wish to terminate your account, you must discontinue using the Services and uninstall the App. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, IP ownership, warranty disclaimers, indemnity and limitations of liability.

Mobile Services and Fee

You are responsible for any fees, including, without limitation, internet access fees and mobile data fees, that you incur when using the Services. You understand that by accessing or using the Services via your mobile device that you are responsible for any and all service fees associated with such mobile access, including, without limitation, all applicable data fees, and for complying with all terms of use imposed by the mobile carrier.

Feedback

We welcome your feedback, testimonials, comments, ideas and reviews about the Services (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, such Feedback shall be deemed to be non-confidential, and you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.

WARRANTY DISCLAIMERS

Your use of the Services is at your sole risk (whether you are an Owner or a Renter). Your use of any dock or reliance upon a Listing, as a Renter, is at your sole risk. Use of the Services should not replace a Renter’s judgment about the quality of a Listing, and you should independently verify information provided via the Services before entering into any agreement to rent or use a dock from anyone.

THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TMBO DOES NOT WARRANT THAT (A) THE SERVICE AND SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. TMBO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, QUALITY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICES AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TMBO, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SERVICES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE OF ANY DOCK; (B) USE AND ACCESS OF THE SERVICES, BY YOU OR ANY PERSON USING YOUR ACCOUNT; (C) BREACH OF THESE TERMS BY YOU OR ANY PERSON USING YOUR ACCOUNT; (D) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR ACCOUNT; AND (E) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR ACCOUNT.

LIMITATION OF LIABILITY

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Owners, Renters, or third parties will be limited to a claim against the particular Owner, Renter, or third party who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from TMBO with respect to such actions or omissions. We encourage you to communicate directly with the other party regarding any bookings or Listing made by you. This limitation does not apply to any claim by an Owner against TMBO regarding the remittance of payments received from a Renter by TMBO on behalf of an Owner, which shall be subject to the limitations described in the paragraph below.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TMBO OR ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS, OR YOUR USE OF ANY DOCK, OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TMBO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Governing Law and Venue

These Terms and the relationship between you and TMBO will be governed and construed in accordance with the laws of Alabama, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of Baldwin County, Alabama.

Entire Agreement; Severability; No Waiver; Assignment

These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and TMBO regarding the Services. Neither the course of conduct between us nor trade practice shall act to modify these Terms. If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by TMBO without restriction. Any purported delegation, transfer or assignment by you shall be null and void.

Jurisdictional Issues; Export Regulation

The Services are operated out of the United States. We make no representation that the Services or content or information available via the Services, are appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws. The Services may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations.

Electronic Communications

The communications between you and us use electronic means, whether through the Site, in-App messages, or via email. For contractual purposes, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Change

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms will become effective upon posting of revised terms. If we make material changes to these Terms, we will post the updated Terms on the Site, in the App and/or provide notice to you that the Terms have been updated via email or an in-App alert.

Copyrigh

If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Services, please contact us by email at privacy@tmbousa.com.

Contact Us

If you have any questions about these Terms or our Services, please feel free to contact us by email at support@tmbousa.com.