Terms and Conditions
REEL-GUIDES, INC. TERMS AND CONDITIONS.
1. INTRODUCTION.
WELCOME TO REEL-GUIDES, INC. PLATFORM, encompassing the reel-guides.com website and other related services (hereafter collectively referred to as the “Platform”). Our Platform is dedicated to connecting fishing enthusiasts with a vast array of fishing and boating adventures, facilitated through our comprehensive online interfaces.
These Terms and Conditions (this “Agreement”) constitute a binding legal agreement between you, whether as an individual or a single legal entity (“You” or “you”), and Reel Guides Inc., with its registered office in South Florida (“Reel Guides,” “we,” “us,” or “our”), the operator of the Platform. This Agreement governs your use of any and all services offered on the Platform (“Services”), our website, any software provided by Reel Guides, including updates, and any related documentation (collectively, the “Software”). The Software, the Platform, and the Services are hereinafter collectively referred to as the “Products”.
BINDING ARBITRATION NOTICE AND CLASS ACTION WAIVER: THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER FOR CLASS ACTION SUITS THAT SIGNIFICANTLY AFFECTS YOUR RIGHTS CONCERNING HOW TO RESOLVE DISPUTES. PLEASE READ IT THOROUGHLY.
By engaging with the Platform, utilizing any of the Products, or by clicking “I AGREE” or any analogous affirmation on the Platform, you consent to be bound by the terms and conditions of this “Agreement”.
We urge you to read this Agreement with utmost care before engaging with the Platform or any Products. Should you dissent with any part of this Agreement or fail to adhere to all applicable laws, you are instructed to exit the Platform and cease the use of the Services and Products immediately. If you are accepting the terms of this Agreement on behalf of a legal entity, you confirm that you have the authority to bind said entity to this Agreement. In the absence of such authority, you acknowledge personal liability for any damages the entity may incur. You represent that you are at least 18 years of age, as Reel Guides does not allow those under 18 to utilize the Service. This Agreement is designed to remain in force at all times and is subject to modification periodically.
2. OVERVIEW OF SERVICES PROVIDED BY REEL GUIDES.
- 2.1. Scope of Services. Reel Guides operates as an online marketplace that facilitates connections between captains or charters offering marine and fishing services (“Service Providers”) and users seeking to book such services (“Users”). Our platform is designed to enable Users to browse, inquire about, and book marine adventures and related services directly from Service Providers.
- 2.2. Role as an Intermediary. Reel Guides acts strictly as an intermediary; our platform serves to host listings provided by Service Providers and to facilitate the booking and transactional processes between Service Providers and Users. Beyond this intermediary role, Reel Guides does not partake in, control, or assume liability for the Services provided by Service Providers or the interactions between Service Providers and Users beyond the initial facilitation of bookings and transactions.
- 2.3. No Liability for Service Execution. Reel Guides is not involved in the actual delivery or execution of the Services provided by Service Providers. The responsibility for the provision of Services rests entirely with the Service Providers. This includes, but is not limited to, the quality, safety, legality, or any other aspect of the Services provided. Likewise, Reel Guides holds no liability for any agreements or contracts independently established between Users and Service Providers, nor for any actions, omissions, or outcomes resulting from the interactions between Users and Service Providers.
- 2.4. User and Service Provider Responsibilities.
- 2.4.1. Users are responsible for selecting their Service Provider and Service based on their judgment, inquiries, and preferences. Users are also responsible for verifying the credentials, qualifications, and reviews of Service Providers and for any communications or agreements made directly with Service Providers.
- 2.4.2. Service Providers are solely responsible for the accuracy, completeness, and legality of their listings and Services, including compliance with all applicable laws, regulations, and industry standards. Service Providers assume all responsibility for the Services they offer, including customer satisfaction, dispute resolution, and the delivery of services as described in their listings.
- 2.5. Limitation of Involvement. Reel Guides’ involvement in the transaction process is limited to facilitating the availability of the Platform and processing payments made through the Platform. Reel Guides is not a party to any agreements or contracts made between Users and Service Providers and disclaims all liability arising from or related to such agreements.
- 2.6. Acknowledgement of Reel Guides’ Role. By utilizing the Platform, both Users and Service Providers acknowledge and agree to the scope of Services as outlined above. Users and Service Providers accept that Reel Guides is not responsible for the actual service provided and that any claims or disputes related to the service provided must be resolved directly between the User and the Service Provider.
- 2.7. Complaint and Dispute Notification. Users and Service Providers agree to make all reasonable efforts to resolve any issues, complaints, or disputes directly with each other in good faith. Reel Guides is not a party to the transaction between Users and Service Providers and does not assume responsibility for mediating or resolving such matters. However, either party may choose to notify Reel Guides of a complaint or issue by contacting Reel Guides support at [email protected]. This notice will serve only to put Reel Guides on notice of the issue and does not obligate Reel Guides to intervene, investigate, or take action unless otherwise required by law or explicitly stated in our policies.
- 2.8. Termination. Reel Guides reserves the right, in its sole discretion and without prior notice, to suspend or terminate your access to the Platform and/or any Products at any time and for any reason, including but not limited to violation of this Agreement, suspected fraudulent activity, or if required by law or regulatory authority. Upon termination, your right to use the Platform shall immediately cease, and you must promptly discontinue all use.
- 2.9. Intellectual Property Rights. All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Reel Guides or its licensors and is protected by United States and international copyright, trademark, and intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Products without express written permission.
3. BOOKING PROCESS AND SERVICE ENGAGEMENT.
adventure or marine excursion with Reel Guides is streamlined for ease and convenience, ensuring a seamless transition from selection to the excitement of the open water. Here’s how to embark on your journey:
- 3.1. Begin Your Adventure: Navigate to our website at https://reel-guides.com/.
- 3.1.1. Explore our wide range of boats, fishing charters, marine services, activities, or excursions. Delve into the specific conditions and offerings of each option to find your perfect match.
- 3.2. Customize Your Experience:
- 3.2.1. Choose your desired dates and, where applicable, select any additional extras to enhance your trip. Complete all required fields, including necessary personal information, to tailor the experience to your preferences.
- 3.3. Review and Confirm:
- 3.3.1. Take a moment to review all details of your reservation, ensuring everything aligns with your expectations and requirements.
- 3.4. Take a moment to review all details of your reservation, ensuring everything aligns with your expectations and requirements.
- 3.4.1. Submit your reservation request. You will receive a confirmation from Reel Guides once the final Service Provider has accepted your booking. If applicable, you will also receive the specific lease agreement or terms of service provided by the final Service Provider.
- 3.5. Secure Your Booking:
- 3.5.1. Proceed to payment or accept the reservation hold by paying the total amount or the required deposit for your boat lease, service, activity, or excursion. The payment structure may vary based on the time remaining until the service provision.
- 3.6. Finalize Payments:
- 3.6.1. If there are any pending payments, ensure they are completed to Reel Guides according to the stipulated schedule.
- 3.7. Post-Service Evaluation:
- 3.7.1. After enjoying your selected Service, Reel Guides will invite you to submit a detailed review. Your feedback is invaluable, aiding future users in making well-informed decisions.
- 3.8. Purpose of Booking Process. This booking process is designed to provide clarity, transparency, and ease, ensuring that your only focus is on the anticipation of the memorable experiences that await. Reel Guides is committed to facilitating a platform where adventurers and marine enthusiasts can connect with reputable Service Providers for unforgettable sea adventures.
- 3.9. Cancellation, Changes, Refunds. Cancellation and refund eligibility depends on the specific cancellation terms applicable to each booking, but most likely, REFUNDS ARE NOT AVAILABLE. Users are encouraged to carefully review those terms before confirming any reservation. In certain circumstances, such as unexpected and unavoidable events beyond your control, you may qualify for a partial or full refund in accordance with our policies. If a Service Provider cancels a confirmed booking, or if you encounter a significant issue with the service that prevents it from being delivered as promised, you may be eligible for a refund or rebooking support. Different categories of Service may be subject to distinct refund and cancellation guidelines. Please consult the applicable policy or contact customer support to understand what terms apply in your case. Users may request a review of any refund decision by reaching out to Reel Guides support at [email protected].
- 3.10. Booking Changes. Users and Service Providers are solely responsible for any changes to a confirmed booking, including modifications made through the Platform or through customer service assistance. By requesting or accepting any booking change, you agree to pay any additional charges, fees, or taxes that may result from the change.
- 3.11. Service Provider Liability. By engaging with Reel Guides for booking services, Users acknowledge that the actual provision of the selected service is the exclusive responsibility of the final Service Provider. As such, the final Service Provider bears full responsibility for the delivery, quality, and safety of the service.
4. PAYMENT PROCEDURES, AUTHORIZATIONS, AND USER RESPONSIBILITY.
- 4.1. Account Registration and Guest Checkout. To facilitate transactions for any Services, you may choose to create an account using a valid email address, or opt for guest checkout when available. For account creation, you agree to: (i) provide true, accurate, and complete information about yourself as prompted by the registration form; (ii) maintain the security of your account by keeping your password and other access information confidential and not sharing it with others; (iii) promptly notify Reel Guides of any unauthorized use of your account or breach of security. All activities under your account will be deemed as conducted by you and you accept full responsibility for such activities. Guest checkout information will be used solely for the transaction at hand and not stored for future use.
- 4.2. Account Deactivation. Should you discontinue the use of the email associated with your Reel Guides account, it is imperative to inform us promptly at [email protected] to deactivate your account and secure your data.
- 4.3. Payment Instruments. Reel Guides enables transactions through the linking of a valid, authorized payment method to your account (e.g., debit card, credit card, prepaid card, or other approved payment methods). You can update or add new payment methods at any time. By associating a payment method with your account, or using one for guest checkout, you confirm that you are authorized to use that payment method. You are responsible for ensuring that the payment methods linked to your account are current, valid, and have sufficient funds for payments.
- 4.4. Payment Authorization. You authorize Reel Guides and/or third-party service providers to charge your selected payment method for the total amount of your transaction, including all fees, taxes, and additional charges. This authorization extends to any transaction made through your Reel Guides account or as a guest checkout. Should there be any need for refunds, reversals, or adjustments, you also authorize adjustments to be made to your payment method accordingly.
- 4.5. Failed Transactions. In case a payment fails, you agree to provide an alternative valid payment method within three (3) business days of notification. Failure to do so may result in account suspension and cancellation of services until payment issues are resolved. Reel Guides reserves the right to retry charging any payment method on file for any outstanding transactions.
- 4.6. Collection Efforts. If charges remain unsuccessful for an extended period, Reel Guides may engage external services to facilitate debt recovery. You will be responsible for any associated costs, including legal and collection fees. Reel Guides, or its authorized agents, may contact you through provided or publicly available information to recover any debts.
- 4.7. Test Transactions. For verification purposes, Reel Guides may initiate a nominal charge on your payment method when it’s added to your account. This charge is temporary and will be automatically reversed.
- 4.8. Unauthorized Transactions and Device Loss. Immediately report any unauthorized or fraudulent transactions to Reel Guides. In the event of losing a device with access to your Reel Guides account, contact us without delay to secure your account.
- 4.9. Currency and Conversion. Services may be priced in a variety of currencies. Charges to your payment method may be subject to currency conversion, which could affect the final amount due to exchange rate fluctuations and possible conversion fees from your bank or payment provider.
- 4.10. Accuracy of Information and Right to Correct Errors. All information provided through Reel Guides Products are intended for informational purposes only. Users assume full responsibility for their reliance on any information available through Reel Guides, including third-party services and any recommendations made by Reel Guides. While Reel Guides strives to maintain accuracy and integrity in its Products, unforeseen errors and bugs may occur, potentially affecting bookings, pricing, and promotional offers. Reel Guides reserves the right to correct any errors in pricing or services and to adjust or cancel pending reservations made under incorrect terms, at its sole discretion.
5. PLATFORM USE AND RESTRICTIONS.
- 5.1. Permissible Use. The Reel Guides Platform and Services are open for your personal, lawful use, strictly adhering to this Agreement. This includes exploring and booking fishing trips, boat rentals, and related experiences for personal enjoyment or on behalf of someone who has granted you the authority for such activities, in a non-commercial capacity. Reel Guides reserves the right to revoke your access to the Platform and Services at any moment should you breach this Agreement, with the possibility of pursuing legal action for confirmed or suspected violations. Any failure on Reel Guides’ part to immediately address such breaches does not waive our rights to enforce this Agreement at a later time. By providing access to our Platform and Services, Reel Guides does not assume any agency or fiduciary role on your behalf.
- 5.2. Restrictions on Use. Our Platform and Services are designed for individuals who are of legal majority age in their respective jurisdictions and are explicitly not for use by anyone under the age of 18. Reel Guides does not intentionally gather personal information from minors under the age of 18 without parental or guardian consent. Should a minor under 18 inadvertently provide us with personal information, their parent or guardian is encouraged to reach out to us at [email protected], whereupon we will promptly delete such information and cancel any associated subscriptions to electronic communications. Usage of our Platform and Services is prohibited if you find yourself on any government lists of barred or restricted parties within the U.S. or Canada, or if you are domiciled in, or a citizen of, any nation subject to U.S. or Canadian government sanctions or identified as supporting terrorism by the U.S. or Canadian government. You are permitted to keep copies of information pertinent to your bookings. However, unauthorized attempts to access, duplicate, decompile, disassemble, reverse-engineer, distribute, license, display, tamper with, or attempt to disrupt the operational integrity of the Platform’s or Service’s source code, databases, algorithms, data, or the proprietary networks and systems of Reel Guides are strictly forbidden. The use of automated systems or software to extract data from the Platform or any Services provided by Reel Guides, including, but not limited to, bots, spiders, crawlers, or scraping technologies, or any unauthorized third-party tools, is prohibited. Activities such as deep-linking to any part of the Platform, framing, mirroring, or integrating any portion of the Platform into another website or service without the express written consent of Reel Guides are not allowed. The Platform and Services must not be used for any fraudulent, misleading, or deceptive purposes. Additionally, if Reel Guides has previously terminated your access rights, any subsequent use of the Platform or Services is strictly forbidden.
- 5.3. Non-Circumvention. Users and Service Providers agree not to circumvent, avoid, bypass, or obviate the Platform in any way with respect to any Service, transaction, or opportunity made available, initiated, or facilitated through Reel Guides. This includes, without limitation, directly or indirectly soliciting, engaging, contracting, or attempting to contract with one another outside the Platform for any services that were introduced, offered, promoted, or otherwise made known through the Platform. Any attempt to bypass the Platform’s booking process, fee structure, or communication channels for the purpose of entering into an independent agreement or arrangement is strictly prohibited. Such actions constitute a material breach of this Agreement and may result in account termination, legal action, and/or other remedies available to Reel Guides. This obligation will survive the termination of your relationship with Reel Guides and shall remain in effect for a period of 12 months following your last interaction on the Platform involving the relevant User or Service Provider.
- 5.4. Restrictions on Use of Content. Apart from the permissions explicitly granted within this Agreement or as detailed elsewhere in our legal documentation, you are prohibited from copying, reproducing, compiling, republishing, uploading, posting, publicly displaying, translating, transmitting, distributing, selling, licensing, or exploiting any part of our Products, content, or trademarks for commercial purposes, without obtaining our explicit prior written consent.
6. SERVICE PROVIDER TERMS.
- 6.1. Service Provider Registration. As a Service Provider, Reel Guides grants you the privilege to use our Platform in line with this Agreement to showcase your fishing charters, boat rentals, or other related services to our vibrant community of enthusiasts and potential clients. Creating a listing on Reel Guides is straightforward, and you have full control over your offerings – you can set your own rates, availability, and specific terms for each listing.
- 6.2. Agreements with Clients. By confirming a booking through the Reel Guides Platform, you enter into a direct contractual relationship with the client. You are obligated to provide the charter or captain services as detailed in your listing, at the rates you have specified. Additionally, you agree to honor any applicable service fees imposed by Reel Guides (including taxes), which will be deducted from your earnings. Should you establish any additional terms with clients, these must: (i) not contradict this Agreement, Privacy Policy, or the information provided in your listing, and (ii) be clearly disclosed in the description of your listing. By using the Platform, you consent to receive communications from us electronically, including emails, messages via the Platform, or notices posted to the Platform. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
- 6.3. Independence of Service Providers. Your relationship with Reel Guides is that of an independent contractor and not as an employee, agent, joint venturer, or partner of Reel Guides, except to the extent that Reel Guides acts as a payment collection agent as outlined in the payment terms. Reel Guides does not oversee or control your specific charter or captain services, and you have the discretion to offer your services if, when, and as you choose, including setting your prices and terms.
- 6.4. Service Provider Liability. Service Providers are solely responsible for any and all claims, disputes, losses, injuries, damages, or other matters arising out of or related to the services they offer, including interactions, transactions, or communications with Users. Reel Guides acts solely as a booking platform and does not assume any liability or responsibility for the acts, omissions, conduct, or performance of any Service Provider. Any issues between Users and Service Providers must be resolved directly between those parties.
- 6.5. Creating and Managing Your Listing. The Platform provides tools that simplify the process of setting up and managing your listing. Your listing must contain accurate and complete information about your services, pricing, additional charges (such as cleaning fees or equipment rental fees, if applicable), and any rules or requirements for Users. You are accountable for your actions and omissions, as well as for ensuring your listing information (including calendar availability) and content (like photos) are always accurate and current. It is your responsibility to secure appropriate insurance for your services, and we recommend reviewing policy terms and conditions thoroughly, including coverage specifics and exclusions. You may create multiple listings if you offer varied services or have multiple vessels, but each service or vessel must have its own distinct listing.
- 6.6. Service Provider Cancellations and Booking Disruptions. If a User cancels a confirmed booking, the payout to you will be determined by the cancellation terms that apply to that specific booking. Service Providers are expected to honor all confirmed reservations. Cancellations by you should only occur in cases where there is a valid legal or emergency reason. Unjustified cancellations may result in cancellation fees, delayed payouts, or other consequences, including suspension or removal from the Platform. If a User experiences a significant service issue, a major disruptive event occurs, or a booking is canceled under applicable policies or terms, your payout may be reduced by the amount refunded to the User and any reasonable costs incurred by Reel Guides in addressing the issue. If a refund is issued after you have already received payment, or if the refund exceeds the amount paid to you, Reel Guides may recover that amount from you, including through offsets against future payouts. Reel Guides’ refund and cancellation policies will take precedence over any individual cancellation policies you establish in situations where such policies entitle a User to a refund or booking cancellation. We may delay your payout while a refund or dispute is under review. If your services fall under a category with its own specific policies, those rules will apply to your bookings. Please review all applicable policies to understand your responsibilities and potential financial impacts. You may request a review of any cancellation-related decision by contacting our support team at [email protected].
- 6.7. Modifications to Confirmed Bookings. As a Service Provider, you are responsible for any booking changes you agree to, whether those changes are made through the Platform or with assistance from Reel Guides support. By agreeing to a booking modification, you accept any changes to pricing, fees, or taxes that result. These amounts may be adjusted accordingly in your future payouts.
- 6.8. Legal Compliance. You must understand and comply with all laws, rules, regulations, and third-party agreements that are applicable to your listings and services. This may include, but is not limited to, adherence to maritime and fishing regulations, obtaining necessary permits or licenses, and ensuring your operations do not violate any local or international laws. It’s also imperative to handle and utilize personal data of clients in accordance with applicable privacy laws and this Agreement, including our Privacy Policy. If you’re uncertain about how local laws apply to your services, seeking legal advice is always a prudent step.
- 6.9. Visibility and Search Ranking. The visibility and ranking of your listings in search results on the Platform are influenced by various factors including User search criteria, listing details (price, availability, quality of images, reviews), and User engagement. While we aim to provide equitable visibility for all our Service Providers, enhanced promotional opportunities may be available for an additional fee.
- 6.10. Obligations as a Service Provider. You bear full responsibility and liability for your actions and those of anyone you permit to assist in providing your services. It’s crucial to set clear terms, prices, and guidelines for your services. Any additional fees or charges must be transparently disclosed in your listing. Encouraging Users to engage in transactions outside the Platform violates our policies.
- 6.11. Operating as a Team or Organization. If you operate as part of a team, company, or other entity, you assume collective responsibility and liability under this Agreement for the actions of all members providing the services. You also affirm that you have the authority to make decisions and enter contracts on behalf of your team or entity. Any payout instructions or financial arrangements made with other members of your team are based on the assumption that you have the necessary authorization to do so.
- 6.12. Risk Acknowledgment. You recognize that offering charter and captain services involves inherent risks. By choosing to list and offer your services on the Platform, you accept full responsibility for these risks, including interactions with clients and adherence to legal obligations. We encourage you to conduct thorough research and seek independent legal advice to fully understand the implications of listing and providing services on our Platform.
7. COMPREHENSIVE RESPONSIBILITIES AND OBLIGATIONS OF SERVICE PROVIDERS.
As a Service Provider on the Platform, your obligations extend far beyond the mere provision of services; you embody the very essence of professionalism and reliability that our community values. This section delineates your responsibilities in exhaustive detail, ensuring the integrity and safety of all engagements facilitated through the Platform.
- 7.1. Comprehensive Accountability. You bear the full weight of responsibility for your actions and inactions, as well as those of any individual you engage or permit to partake in delivering your services. This includes, but is not limited to, crew members, support staff, and any other personnel associated with your operations. It is imperative that every member of your team adheres to the highest standards of conduct, reflecting the professionalism expected by Reel Guides and its Users.
- 7.2. Pricing and Service Transparency. You are solely responsible for determining and setting the prices for your services, including any and all fees associated with your offerings. This extends to establishing clear, concise, and fair rules and requirements for your listings. Every potential cost to the client—be it service fees, cleaning charges, equipment rental fees, or any other chargeable item—must be explicitly stated within your listing description. Under no circumstances may you levy additional fees or charges beyond those pre-disclosed in your listing without express authorization by Reel Guides. Our platform values transparency and fairness, and as such, any attempt to impose hidden charges will be met with strict consequences.
- 7.3. Prohibition of Off-Platform Engagements. Encouraging or facilitating interactions or transactions outside the Platform undermines the trust and safety of our community. You are prohibited from suggesting or soliciting clients to create accounts on third-party platforms, submit reviews outside of Reel Guides, share personal contact information, or engage in any activity that circumvents the Platform and its built-in protections. This Section is designed to safeguard the interests of both Service Providers and Users by maintaining all communications, bookings, and financial transactions within the secure confines of the Reel Guides ecosystem.
- 7.4. Regulatory Compliance and Conduct. It is your responsibility to familiarize yourself with and adhere to all relevant local, state, national, and international regulations and laws applicable to maritime activities, charter operations, and fishing expeditions. This includes, but is not limited to, obtaining necessary permits, licenses, and insurance coverage. Compliance with environmental regulations, fishing quotas, and protected area restrictions is paramount. Furthermore, you are expected to conduct your operations with the utmost respect for marine life, ecosystems, and local communities.
- 7.5. Data Privacy and Security. In your interactions with Users, you will inevitably handle personal data. It is your duty to respect and protect the privacy and security of all such information. Adherence to applicable data protection laws, including, but not limited to, the General Data Protection Regulation (GDPR) for European Union residents, is mandatory. You must implement appropriate safeguards to prevent unauthorized access, disclosure, alteration, or destruction of personal information.
- 7.6. Risk Management and Insurance. Providing charter and captain services inherently involves risks. You are expected to undertake a comprehensive assessment of potential risks associated with your services and implement suitable risk management strategies. Obtaining adequate insurance coverage that comprehensively protects against liabilities, damages, and losses is non-negotiable. It is your responsibility to ensure that your insurance coverage is up-to-date, comprehensive, and in alignment with the nature and scope of your services.
- 7.7. Service Provider Commitments and Platform Standards. By adhering to these comprehensive responsibilities and obligations, you contribute to maintaining the integrity, safety, and excellence of the Platform. We are committed to fostering a trusted and secure environment for all our Users, and we rely on you, our Service Providers, to uphold these standards in every aspect of your operations.
8. MAINTENANCE AND UPDATES TO PLATFORM.
- 8.1. Platform and Service Updates. Reel Guides may periodically update the platform and services to enhance your experience. You agree to promptly install such updates. Ignoring or refusing necessary updates may impair functionality or prevent the provision of services altogether.
- 8.2. Scheduled and Unscheduled Maintenance. Reel Guides reserves the right to perform maintenance on the Platform, which may require taking the Platform temporarily offline, both for scheduled upkeep and unforeseen repairs. We strive to ensure the highest level of service availability and reliability, but the necessity for maintenance, updates, and enhancements means that occasional downtime is unavoidable.
- 8.3. Notification of Maintenance. Whenever feasible, Reel Guides will provide advance notice of scheduled maintenance that is expected to affect the availability of the Platform. This notice will be delivered through the Platform itself, via email, or any other communication channels deemed appropriate, with details regarding the timing and expected duration of the maintenance. However, it may not always be possible to give advance notice in the case of emergency repairs or issues that require immediate attention to safeguard the integrity and security of the Platform.
- 8.4. Service Availability. Reel Guides does not guarantee uninterrupted access to the Platform. Access may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond Reel Guides’ control. We commit to minimizing downtime and ensuring the Platform is returned to full functionality as swiftly as possible.
- 8.5. User Acknowledgement. By using Reel Guides’ Products, Service Providers and Users acknowledge and agree that interruptions and loss of service may occur as a result of maintenance activities. Service Providers and Users accept that Reel Guides bears no liability for any loss, damage, or inconvenience caused by such necessary downtime. We appreciate your understanding and patience as we perform critical maintenance to enhance and secure the Platform.
- 8.6. Continual Improvement. These maintenance activities are part of Reel Guides’ commitment to continuous improvement, ensuring the Platform remains secure, up-to-date, and capable of delivering the best possible user experience. We thank our users for their support and understanding as we work to maintain and enhance the quality of our services.
9. TERMS FOR TRAVEL.
- 9.1. International Maritime and Excursion Requirements. As a participant in international water travel or excursions booked through Reel Guides, you are responsible for ensuring compliance with all entry and exit requirements set forth by governing authorities at your destinations, including those countries you may enter during transit. This includes, but is not limited to, health regulations, as well as passport and visa requirements. It is your duty to ensure that all necessary travel documents, including passports, visas (whether transit, business, tourist, or other), and any required health certifications, are valid and in order for the entirety of your journey. Reel Guides does not offer guidance on the entry requirements for any destination. You must seek information directly from the relevant embassies or consulates regarding current entry protocols. As regulations may change, it is crucial to verify the most current information prior to booking and departure. Reel Guides will not be held liable if you are denied boarding or entry into any country due to non-compliance with these requirements.
- 9.2. Destination Risk Disclaimer. Booking with Reel Guides does not imply any representation or warranty that travel to specific destinations is advisable or without risks. Reel Guides shall not be liable for any damages or losses that may occur from travel to such destinations.
- 9.3. Guidance for International Travelers on Liability Limitations. Users and Service Providers engaging in journeys to, from, or with stops in countries other than their departure country should be aware that international treaties (such as the Warsaw Convention, the 1999 Montreal Convention, or other relevant treaties) and the contractual terms of carriers might apply throughout their journey, including segments within the departure and destination countries. These treaties and carrier agreements may govern and limit the liability of carriers for death or personal injury to passengers, as well as for the loss of, damage to, or delay of luggage and personal belongings. It is often possible to obtain additional protection through the purchase of private insurance. Such insurance coverage is not influenced by any carrier liability limitations imposed by international treaties. This insurance can provide compensation beyond the limitations set by carriers under such treaties. For more information on securing additional protection, consult with an airline representative or insurance provider directly. By choosing to book international maritime or excursion services through Reel Guides, you acknowledge and accept the responsibility to procure, understand, and comply with all necessary travel requirements and to secure adequate insurance coverage when necessary.
10. DISCLAIMER OF WARRANTIES.
- 10.1. “AS IS” AND “AS AVAILABLE” SERVICE. THE PRODUCTS, INCLUDING ALL RELATED SERVICES, INFORMATION, AND CONTENT, IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, ACCOMPANIED BY ALL EXISTING OR POTENTIAL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REEL GUIDES, ON ITS OWN BEHALF AS WELL AS ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, CATEGORICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM TRADE PRACTICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY EMERGE THROUGH THE COURSE OF DEALING, USAGE, OR PERFORMANCE. REEL GUIDES OFFERS NO ASSURANCE, NOR DOES IT REPRESENT THAT THE PRODUCTS WILL ALIGN WITH YOUR SPECIFIC NEEDS, DELIVER INTENDED OUTCOMES, MAINTAIN COMPATIBILITY OR FUNCTIONALITY WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE UNINTERRUPTED, CONFORM TO ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE FREE FROM ERRORS, WITH THE UNDERSTANDING THAT ANY DETECTED ERRORS OR DEFECTS MAY NOT NECESSARILY BE RECTIFIABLE.
- 10.2. Operational and Technical Assurance. Neither Reel Guides nor any of its Service Providers guarantees the continuous operation, error-free functionality, or accessibility of the Products, nor the integrity, accuracy, or currentness of any information, content, materials, or products presented therein.
- 10.3. Platform Reliability. No assurance is provided that the Products will operate devoid of interruptions or errors.
- 10.4. Accuracy and Completeness. Reel Guides disclaims all representations or warranties regarding the precision, reliability, or completeness of any Products-related information or content.
- 10.5. Security. No warranty is extended that the Platform, including its servers, the content, or communications sent from or on behalf of Reel Guides, will be free from viruses, scripts, Trojan horses, worms, malware, timebombs, or other detrimental components.
- 10.6. Assumption of Risk and Disclaimer of Liability. By utilizing the Reel Guides Platform, you acknowledge and agree to the inherent risks and expressly agree to bear responsibility for your use of the Products, affirming that any reliance on the Products is at your sole discretion and risk. This comprehensive disclaimer is designed to protect Reel Guides against potential liabilities and clarify the scope of responsibilities, ensuring Users and Service Providers engage with the Products with a clear understanding of the terms.
- 10.7. Legal Jurisdictional Considerations. The above disclaimers and limitations may not uniformly apply across all jurisdictions due to legal variations concerning the exclusion of certain warranties or constraints on a consumer’s statutory rights. Where such legal exceptions exist, these disclaimers and limitations shall be enforced to the maximum degree permitted by applicable law, aiming to maintain the essence of these provisions.
11. LIMITATION OF LIABILITY.
- 11.1. General Limitations. In consonance with the broadest limits allowed by applicable laws, Reel Guides shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss whatsoever (including, without limitation, damages to personal injury, loss of data, profit, reputation, usage, or other economic advantage), even if Reel Guides has been advised about the possibility of such damages, arising out of or in any way connected with the access or use of, or inability to use, the Reel Guides Products or any related content. This includes, but is not limited to, failures, delays, or interruptions in the delivery of any content or Services accessed through the Platform, regardless of the cause. Reel Guides assumes no liability for any content, including information, provided through the Reel Guides services or third-party links, nor does it take responsibility for the accuracy, completeness, or reliability of such content.
- 11.2. Cap on Liability. Except where prohibited by law, Reel Guides’ total liability to you for any claims arising from or related to the Products or content (whether in warranty, contract, tort, or otherwise) shall not exceed the greater of (a) the amount you have paid to Reel Guides for the applicable service in the transaction giving rise to the claim, or (b) USD $1,000. This limitation applies regardless of the cause of action or the theory of liability, including negligence, breach of contract, or any other statutory or common law claim.
- 11.3. User Insurance Acknowledgment. Reel Guides does not provide insurance coverage for Users. You acknowledge that it is your sole responsibility to obtain any insurance that may be appropriate to cover personal injury, property damage, or other potential losses incurred while using the services provided through the Platform.
- 11.4. Force Majeure and Limitation of Liability. Reel Guides shall not be held liable for any delays, damages, or failures in performance resulting from circumstances beyond our reasonable control, including, but not limited to, internet delays, electronic communication issues, force majeure events, or the actions/inactions of third parties.
- 11.5. Essential Basis of the Agreement. You recognize that the disclaimers of warranty and limitations of liability outlined herein form an essential basis of the agreement between you and Reel Guides, reflecting a reasonable allocation of risk. Both parties have relied on these limitations in determining whether to enter into this Agreement.
- 11.6. Jurisdictional Variances. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, Reel Guides’ liability will be limited to the greatest extent permitted by law.
- 11.7. New Jersey Residents. If you are a resident of New Jersey, certain sections of this disclaimer may not apply to you due to the state’s laws. Specifically, limitations or exclusions regarding indirect, special, incidental, punitive, exemplary, or consequential damages may not be applicable.
- 11.8. Unauthorized Transactions. Should there be any unauthorized or fraudulent use of your account, provided you have not violated this Agreement, your entitlement to compensation for direct losses (not covered by your payment provider) from Reel Guides will constitute your sole remedy against such unauthorized or fraudulent activities.
- 11.9. Time Limit on Claims. Any claim or action related to a breach of this Agreement or arising out of the Products provided by Reel Guides must be filed within one year after such claim or cause of action arose or be forever barred, notwithstanding any statute or law to the contrary. By using Reel Guides, you acknowledge these limitations and agree that they are an inherent part of the terms that allow Reel Guides to offer its services to you.
12. INDEMNIFICATION.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Reel Guides, its affiliates, officers, directors, employees, agents, licensors, and partners (collectively, the “Reel Guides Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees (including reasonable attorneys’ fees), or demands arising out of or relating to:
- i. your access to, use of, or alleged use of the Products or any services obtained through them;
- ii. your violation of this Agreement or any applicable laws or regulations;
- iii. your interaction or relationship with any other User or Service Provider;
- iv. any content, information, or materials submitted or provided by you;
- v. your performance or failure to perform any obligations in connection with services booked, offered, or rendered through the Platform;
- vi. any disputes, claims, or liabilities between Users and Service Providers;
- vii. the infringement, misappropriation, or violation of any third-party rights, including intellectual property, privacy, or publicity rights;
- viii. bodily injury, death, property damage, or other harm caused by your acts or omissions;
- ix. any taxes or fees associated with your use of the Platform or provision of services.
This indemnification obligation will survive the termination of this Agreement and your use of the Platform.
13. DISPUTE RESOLUTION; BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
- 13.1. Informal Resolution First. Before initiating formal proceedings, you agree to first contact Reel Guides at [email protected] and attempt to resolve any dispute, claim, or controversy informally. Most user concerns can be quickly resolved in this manner. If a resolution is not reached within 30 days of your notice, either party may proceed to arbitration as described below.
- 13.2. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the Products, or any relationship between you and Reel Guides (collectively, “Disputes”), that cannot be resolved through informal negotiation will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as applicable. Judgment on the arbitration award may be entered in any court with jurisdiction. The arbitration will take place in Fort Lauderdale, Florida, or virtually if the parties cannot agree on a physical location. Each party will bear its own legal fees and costs, except as otherwise provided under applicable law or the AAA Rules.
- 13.3. Class Action Waiver. You and Reel Guides agree that any Dispute shall be conducted only on an individual basis, and not in a class, consolidated, or representative action. You further agree that you may bring claims against Reel Guides only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
- 13.4. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND REEL GUIDES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR USE OF THE PRODUCTS. THIS WAIVER APPLIES TO BOTH CONTRACTUAL AND NON-CONTRACTUAL CLAIMS.
- 13.5. Governing Law. This dispute resolution section is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to its conflict of laws principles.
By accessing or using the Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not use the Products. We reserve the right to update or modify these Terms at any time, and your continued use of the Products after such changes constitutes your acceptance of the revised Terms.