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BoatyAlarm Terms and Conditions

BoatyBall’s BoatyAlarm Mobile Application

The following terms and conditions (collectively, these “Terms and Conditions”) apply to your use of BoatyBall’s Boaty Alarm, including any content, functionality and services offered on or via BoatyBall’s Boaty Alarm (this “Application”).

Please read these Terms and Conditions carefully before you start using this Application. By using this Application you accept and agree to be bound and abide by these Terms and Conditions, which constitute a binding legal agreement between you and BoatyBall LLC (“we,” “us,” or “BoatyBall”). If you do not agree with these Terms and Conditions, you may not use this Application.

These Terms and Conditions are effective as of September 9, 2024. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Application and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Application after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

Conduct in Application

Your use of this Application is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through this Application.

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies

  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability

  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party

  • Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling

  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party

  • Impersonates any person or entity, including any of our employees or representatives

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of this Application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Application.

However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Application, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property

You acknowledge that you have only a limited, non-exclusive, nontransferable license to use this Application.

By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Application is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of BoatyBall.

You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Application in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Application.

Third Party Applications

This Application may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, this Application or party by us, or any warranty of any kind, either express or implied.

Disclaimers

Your use of this Application is at your sole risk. This Application is provided “AS IS” and “AS AVAILABLE”. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. Without limiting the generality of the foregoing, we do not provide any warranty: (i) this Application will meet your requirements; (ii) this Application will be uninterrupted or error or bug free; or (iii) about any results that may be obtained by using this Application.

You acknowledge and agree this Application is not intended to replace your judgement. Because this Application is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.

You are responsible for obtaining the data network access necessary to use this Application. Your mobile network’s data and messaging rates and fees may apply when you access or use this Application from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use this Application and any updates thereto. We do not guarantee that this Application will function on any particular hardware or devices. In addition, this Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

We have no obligation to provide maintenance or installation services of any kind, hard-copy documentation, support, telephone assistance, error corrections, bug fixes, patches, updates or other modifications to this Application. In the event that we provide any such support to you, such support will be considered part of this Application and will be subject to these Terms and Conditions.

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Limitations of Liability

In no event will BoatyBall be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (even if we have been advised of the possibility of such damages), including, but not limited to, loss of revenue or anticipated profits or lost business, loss of data or loss of use. In no event will BoatyBall’s total cumulative liability for claims of any kind, whether based on contract, tort, negligence, indemnity or otherwise, for any loss or damage exceed the fees actually paid by you during the twelve (12)-month period ending on the date of the cause of action giving rise to the claim, loss, or damage. No claim may be asserted by you against BoatyBall more than twelve (12) months after the cause of action underlying such claim.

Solely if and to the extent required in order to make this limitation of liability enforceable, nothing set forth in these Terms and Conditions shall exclude or limit liability to a greater extent than is permitted by applicable law or shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.

Indemnification

At your sole cost and expense, you hereby agree to defend and hold harmless BoatyBall and its affiliates, subsidiaries, officers, managers, members, employees, consultants, representatives, agents, successors and assigns in any action or claim, and to indemnify BoatyBall and such indemnified persons from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) arising from such action or claim and related to: (i) your breach of any term, condition, representation or warranty set forth in these Terms and Conditions; (ii) your infringement or misappropriation of any intellectual property, privacy or other rights of any third party; and/or (iii) your violation of applicable law.

Term and Termination

These Terms and Conditions will become effective in relation to you when you install this Application on your device or when you start using this Application and will remain effective until terminated by you or by us. BoatyBall reserves the right to terminate these Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of this Application whether in contravention of these Terms and Conditions or otherwise. If BoatyBall terminates these Terms and Conditions, or suspends your account for any of the reasons set out in this section, BoatyBall shall have no liability or responsibility to you.

Assignment

We may assign these Terms and Conditions or any part of it without restrictions. You may not assign these Terms and Conditions or any part of it to any third party.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Dispute Resolution

Any dispute or controversy arising under, out of, or in connection with these Terms shall be resolved by binding arbitration under then current Commercial Rules of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder) before a single arbitrator. Any such arbitration shall be conducted in in the English language in Wake County, North Carolina. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties hereto or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Any arbitration award granted hereunder shall be enforceable under the applicable terms and conditions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention), as amended to date. Notwithstanding the foregoing, BoatyBall shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, you hereby irrevocably consent.

*SMS Terms and Conditions*

By opting into our SMS messaging program, you agree to the following terms and conditions. Please read them carefully.

By providing your mobile phone number and opting into our SMS Text Message program, you are giving express written consent to receive text messages from BoatyBall LLC at the number you provide. These messages may include: • Transactional messages related to account updates, alerts, and reservations. • Customer support communications. • Promotional and marketing messages, including special offers and event notifications. To opt in to our SMS Text Message Program by contacting BoatyBall LLC at 919-473-6053 or by going through the registration process available by this link: https://boater.boatyball.com/welcome.

By agreeing to receive SMS text messages from BoatyBall, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile number and understand that message and data rates apply. You agree that you are solely responsible for all message and data charges that apply. All such charges are billed by and payable to your mobile service provider. Our messages may not be deliverable in all areas. Please contact your participating mobile service provider for pricing plans, participation status and details. BoatyBall, its service providers, and the mobile carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.

Text messages may be sent using an automated system. Your consent is not required as a condition of purchasing any goods or services. You can opt out at any time and for any reason by contacting BoatyBall LLC at 919-473-6054, through the registration process on our website, or by texting “STOP” to 919-473-6054. Alternatively, you can opt out by visiting https://cdn.forms-content.sg-form.com/71111de8-e938-11ef-be8c-0e06f6c74133. You will receive one further message confirming you are unsubscribed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP, END, CANCEL, UNSUBSCRIBE, or QUIT” keywords and agree that BoatyBall LLC will not have liability for failing to honor such requests. Opt-out requests shall be honored within ten (10) business days.

By using our SMS text message services, you agree that BoatyBall LLC may communicate with you through your mobile device and that certain information about your usage of these text message services may be communicated to BoatyBall LLC. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile text message service account information to ensure that messages BoatyBall intends to send to you are not sent to another person.

Message frequency varies. You may receive up to 5 messages per week, depending on your activity and preferences, unless otherwise agreed or unless you participate in our customer service program via text messages. Text messages shall identify BoatyBall LLC as the sender and shall not contain false or misleading information. Additionally, please review our full Privacy Policy at https://boatyball.com/privacy to understand how we collect, use, and protect your information.

BoatyBall LLC shall comply with all provisions of the Telephone Consumer Protection Act and other applicable federal and state laws regarding text message communications. For assistance, text HELP to 919-473-6054 or contact our support team at support@boatyball.com.

Miscellaneous

These Terms and Conditions constitute the entire agreement between you and us regarding the use of this Application. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You agree our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of any such right or provision.

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