Terms of Service
These Terms of Service (these “Terms”) govern your use of the CaptainPanel online booking platform and other services offered by CaptainPanel. These Terms are between CaptainPanel, LLC. (“CaptainPanel”) with address 600 B street, Suite 300, San Diego, CA, USA 92101, the owner and operator of www.captainpanel.com and the CaptainPanel software, and any individuals that use CaptainPanel’s online booking platform (the “Platform”), including, but not limited to, our partners that create a listing via our Platform (each, a “Partner”) and individual consumers that use the Platform, directly or indirectly, such as to request a reservation with a provider (each, a “Customer” and collectively, “you,” “your,” and “users”).
Throughout these Terms, the words “us,” “we,” and “our” refer to our company, CaptainPanel, as is appropriate in the context of the use of the words.
You acknowledge and agree that CaptainPanel is not a party to any agreements entered into between Partners and Customers, and CaptainPanel does not control any Partner’s conduct or their products and services. Accordingly, CaptainPanel disclaims any and all liability associated with any Partner’s products and services.
The Platform and our Services
The Platform facilitates Customers’ search and booking of fishing charters. You acknowledge that CaptainPanel does not own or control any Partner or any associated rental property, such as boats and equipment. Our responsibilities are limited to operating the Platform to allow for bookings.
If you are a Customer, you agree and understand that you may be required to enter into an agreement with the Partner and that your booking may be contingent upon entering into such agreement. You acknowledge and agree that you, not CaptainPanel, shall be responsible for obligations under any such agreements.
You warrant that (a) you are over the age of 18 if you are a Customer or Partner; (b) you possess the legal authority and capacity to legally enter into these Terms; (c) you will use CaptainPanel’s Platform and services only in accordance with these Terms; (d) you will only use the Platform to make legitimate listing and/or booking requests for you or on behalf of any third party for whom you are legally authorized to act; (e) you shall not make any speculative, false or fraudulent listings or bookings; (f) if you act on behalf of a third party, you will inform any such third party about the terms and conditions that apply to the bookings and will obtain their agreement to be bound by the terms and conditions of these Terms; (g) all information supplied by you is true, accurate, current and complete; (h) you shall not use the Platform for any competitive purposes and you shall not circumvent any obligation to pay any fee to CaptainPanel; and (i) if you create an online account, you will safeguard your information and shall be responsible for any use of your account by you and anyone other than you.
User Information and Accounts
After registering and properly paying for our Platform, where required, we shall grant you access to Platform as permitted by us and in accordance with these Terms. All rights not explicitly granted are reserved for CaptainPanel. If you breach these Terms, your access to our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
The Platform may only be used to obtain or offer chartered private fishing trips, boat rentals, diving centers, sailing trips, yacht rentals, water sports, and other activities expressly approved by CaptainPanel from time to time; no other services may be obtained or offered. You are not an employee of ours and, if you are a Partner, we are not hiring you for a Customer. You are responsible for paying any taxes required by law. We may, but are not obligated to, conduct reviews, verifications, and background checks of Partners or Customers. Nonetheless, we do not have control over the quality, timing, or legality of the services actually delivered by Partners, nor of the integrity, responsibility or actions of Partners or Customers and we make no warranties or guarantees about them. We do not procure or provide any insurance for you, and it is solely your responsibility to obtain all licenses, permits, and insurance required to comply with all applicable laws and regulations.
If you are a Customer, you shall remain responsible for your own acts and omissions, as well as the acts and omissions of any other individuals who you grant access to the Partner’s property and/or services. CaptainPanel disclaims any liability with respect to Partner’s property and services.
Use of the Platform
When using our Platform, you are responsible for your and for any use of CaptainPanel made using your account. You agree to the following:
- You will comply with all applicable tax, anti-fraud, anti-money laundering, and any other applicable laws, regulations, and requirements of the United States and all other relevant jurisdictions;
- You may not copy, distribute or disclose any part of the Platform or the CaptainPanel IP (as defined below) in any medium, including without limitation by any automated or non-automated “scraping”;
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not share your access with any other parties, except as permitted by us;
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not collect or harvest any personally identifiable information, including account names, from the Platform;
- You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
- You may not violate any requirements, procedures, policies or regulations of networks connected to CaptainPanel;
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
- You may not interfere with or disrupt the Platform;
- You may not violate any law or regulation and you solely are responsible for such violations;
- You agree that you will not hold CaptainPanel responsible for your use of our Platform; and
- You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but CaptainPanel reserves the right to suspend or terminate any account at any time without notice or explanation.
Your ability to submit or transmit any information through the Platform, including but not limited to data, Customer details and information, images, videos, or any other information will be referred to as “User Content” throughout these Terms t. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our Platform but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of these Terms or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant CaptainPanel, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Additionally, you grant to CaptainPanel a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform.
Monitoring User Content
CaptainPanel shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with these Terms and any guidelines established by us. Without limiting the foregoing, CaptainPanel shall have the right, but not the obligation, to remove any User Content that CaptainPanel at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content after your termination of these Terms.
User Content Storage Limits and Usage Information
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
CaptainPanel implements administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your information and all User Content. Those safeguards used or based on industry standards. Aside from such industry standard safeguards, CaptainPanel can make no guarantees regarding any Platform security or any User Content secured.
CaptainPanel at its discretion may provide user support during normal business hours. Where you have any issues with our Platform please contact us at firstname.lastname@example.org or +1 (888) 473-4973.
You may be able to participate in a free trial subscription by submitting your information along with any additional requirements as set forth by us. The duration of the free trial is listed on the Platform and may change at our discretion. Feel free to try the paid subscription (“Paid Subscription”) portions of the Platform during the free trial period at no charge. You may cancel at any time during your free trial period by contacting us at email@example.com. Once your free trial period has expired you will be charged the amount listed for the Paid Subscription plan selected.
You agree to pay for all costs, fees, and taxes listed when purchasing any access to the Platform and any related software. The pricing information for any Paid Subscription shall be listed on the Platform website and within your user account. User authorizes CaptainPanel or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, CaptainPanel may suspend or terminate your access to the paid portions of the Platform, without liability to us.
You authorize CaptainPanel to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that and update your Payment Method on file.
Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and CaptainPanel is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. CaptainPanel is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
CaptainPanel will collect the Total Fees from a Customer at the time the booking request is accepted by the provider.
CaptainPanel transaction fees are calculated based on the package original price set in advance by the customer. If the Customer sets a deposit amount to confirm the booking that is less than 100% of the total package fees, CaptainPanel shall calculate the transaction fees based on the original package price, and the customer shall pay the fees one time in the first transaction.
In order to receive a Payout you must have a valid Payout Method linked to your Account. CaptainPanel will generally initiate Payouts to your selected Payout Method: (i) Weekly; (ii) Bi-Weekly (iii) Monthly. In certain jurisdictions or instances, CaptainPanel offer you a different time or trigger for payment.
The time it takes to receive Payouts once released by CaptainPanel may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. CaptainPanel may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
Your Payout for a booking will be the Selling Price Fee less applicable Fees and Taxes.
In the event of a cancellation of a confirmed booking, CaptainPanel will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
Each Member collecting payment for services provided via the CaptainPanel Platform (“Providing Member”) hereby appoints CaptainPanel as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
Where CaptainPanel does not charge you taxes for your Paid Subscription, you agree to pay any and all applicable taxes for your use and purchase of any Paid Subscriptions. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment
Subscription Plans and Renewals
For your convenience when you sign up for a free trial via the Platform, your payment information shall be logged, after the expiration of your free trial your account will be automatically billed the Paid Subscription amount so that you may continue using the paid portions of the Platform requested. IF YOUR ACCOUNT IS IN A FREE TRIAL PERIOD, CAPTAINPANEL MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE FREE TRIAL (“INITIAL SUBSCRIPTION”), UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR FREE TRIAL BY EMAIL AT INFO@CAPTAINPANEL.COM OR BY CANCELLING VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AFTER YOUR FREE TRIAL AND AGREE THAT AT THE EXPIRATION OF YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL SUBSCRIPTION PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE PAID SUBSCRIPTION PLAN SELECTED BY YOU. Where you have failed to renew your access before the expiration of your Initial Subscription please be aware that your access to the Platform may be suspended or terminated.
Pricing and Price Increases
The pricing for all Paid Subscriptions is listed on the CaptainPanel website or within your account. Please be aware that all pricing for Paid Subscriptions are billable on a recurring basis and may renew automatically. CaptainPanel may increase the price of any Paid Subscriptions, at our discretion and we reserve the right to do so at any time. In the event of a price increase, CaptainPanel shall notify you and you will have the chance to accept or reject any price increase before the Paid Subscription renewal. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, upon the expiration of your Paid Subscription, portions of the Platform may become immediately unavailable. You agree that CaptainPanel has no obligation to offer any services for the price originally offered to you at sign up.
Paid Subscription Cancellations and Refunds
Users may cancel their Paid Subscription at any time by by emailing firstname.lastname@example.org or by using their account dashboard. Users who have purchased an annual Paid Subscription shall have thirty (30) days (“Refund Window”) from the initial purchase date to request a refund. Where a refund is requested, within the Refund Window, users shall be granted a full refund. After the lapse of the Refund Window, no additional refunds shall be granted to any users. Please be aware that no refunds shall be granted for any monthly Paid Subscriptions. Upon cancellation of a Paid Subscription, portions of the Platform may become immediately inaccessible. Additionally, some User Content stored within the Paid Subscription portion of the Platform may be removed or deleted. Where your Paid Subscription has been cancelled or has expired, we have no liability to you for any deleted, modified, or removed User Content. Additionally, there will be no obligation for us to assist you in the migration of any User Content or associated data.
The applicable Partner’s cancellation policy will apply to cancellation of individual bookings. A refund for cancelling a booking will be subject to such Partner’s cancellation policy. CaptainPanel shall not be held responsible for refunds not granted by any Partner.
- The subscription of users who purchased an annual paid subscription or completed at least 12 paid monthly subscription (for any plan that includes website) shall take effect on the day of payment. A website takes approximately (3-5) three to five weeks to be completed provided that all information is given by the user. Delay in the submission of information on the part of the user may result in the possible delay of website completion.
- Users with a paid annual subscription or at least 12 paid monthly subscription (for any plan that includes website) who want to continue their subscription and manage their own website are required to sign a waiver that releases CaptainPanel from all claims, demands, damages, liabilities, and obligations should they or their affiliates modify or impair their website. CaptainPanel will not be liable to any drop of ranking and traffic should they or their affiliates edit or modify their website. Upon signing of the waiver, we will give the user admin access to their website.
- Users with a paid annual subscription or at least 12 paid monthly subscription (for any plan that includes website) who want to cancel their subscription and manage their own website are required to sign a transfer of ownership CaptainPanel from all claims, demands, damages, liabilities, and obligations should they or their affiliates modify or impair their website. CaptainPanel will not be liable to any drop of ranking and traffic should they or their affiliates edit or modify their website. Upon signing of the waiver, we will transfer website data files to the user. CaptainPanel has no obligation to assist the user in the migration of their content or associated data.
- Users with less than a year paid subscription (for any plan that includes website) who want to cancel their subscription can do so but they have no rights whatsoever to the website because it is owned by CaptainPanel. The user’s website shall be shut down and the user will no longer have access to the booking system.
The name “CaptainPanel”, the Platform, the CaptainPanel software, components, and any associated services offered thereunder, along with the design of the CaptainPanel Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (collectively, ""CaptainPanel IP”), are owned by or licensed to CaptainPanel, subject to copyright, trademark, and other intellectual property rights under US and foreign laws and international conventions. CaptainPanel reserves all rights not expressly granted in and to CaptainPanel IP. You agree to not engage in the use, copying, or distribution of any CaptainPanel IP unless we have given express written permission.
As between CaptainPanel and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. CaptainPanel does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All rights, title and interest in and to the CaptainPanel services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the CaptainPanel Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to CaptainPanel.
Subject to your full compliance with the CaptainPanel Terms and timely payment of all applicable Fees, CaptainPanel hereby grants you, upon creating your User Account and for as long as CaptainPanel wishes to provide you with the CaptainPanel Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the CaptainPanel Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the CaptainPanel Terms, and solely within the CaptainPanel.
The CaptainPanel Terms do not convey any right or interest in or to CaptainPanel’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the CaptainPanel’s Terms constitutes an assignment or waiver of CaptainPanel’s Intellectual Property rights under any law.
Custom Built Website Ownership
CaptainPanel grants the transfer of any custom built website created by CaptainPanel Services, upon the full payment of a full year subscription. Any template website or advanced website template owned by CaptainPanel shall not be granted the option to be transferred to the Client.
In the event of cancellation of subscription prior to the completion of the full year payment, CaptainPanel shall keep the website live for 30 days before taking action to shut down the server or remove the website completely.
All tools and services integrated into the website that are owned partially or fully by CaptainPanel or third party providers can be excluded from the ownership transfer.
CaptainPanel or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to CaptainPanel. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CaptainPanel’s products might seem similar to ideas you submitted to CaptainPanel. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of CaptainPanel, without any compensation to you; (2) CaptainPanel may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for CaptainPanel to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Third Party Content and Interactions
The Platform may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including clients, found on or through the Platform are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between Customers and Partners, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Platform or any client, you hereby release us and our affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Platform. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
THE PLATFORM IS PROVIDED ON AN ""AS IS"", ""AS AVAILABLE"" AND ""WITH ALL FAULTS"" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CAPTAINPANEL, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM; (2) ANY INFORMATION PROVIDED VIA THE PLATFORM; (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CAPTAINPANEL, OR VIA THE PLATFORM; OR (4) THE LISTINGS, BOOKINGS OR PARTNERS’ PRODUCTS AND SERVICES. THE USE OF PARTNERS’ PRODUCTS AND SERVICES IS AT THE CUSTOMER’S OWN RISK. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
PARTNERS ARE SOLELY RESPONSIBLE FOR HONORING ANY BOOKINGS AND MAKING AVAILABLE ANY FISHING CHARTERS AND SERVICES RESERVED THROUGH THE PLATFORM. YOU AGREE AND ACKNOWLEDGE THAT YOU MAY BE REQUIRED TO ENTER INTO AN AGREEMENT WITH A PARTNER AND THAT YOUR BOOKING IS CONTINGENT UPON YOUR ACCEPTANCE OF ANY TERMS AND CONDITIONS IMPOSED BY SUCH PARTNER. YOU AGREE THAT CAPTAINPANEL IS NOT PARTY TO SUCH AGREEMENTS AND SHALL NOT BE RESPONSIBLE OR HELD LIABLE UNDER SUCH AGREEMENTS.
CAPTAINPANEL DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. CAPTAINPANEL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. CAPTAINPANEL DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CAPTAINPANEL SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL CaptainPanel, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CAPTAINPANEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by CaptainPanel’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD.
You agree to defend, indemnify and hold harmless CaptainPanel, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the CaptainPanel Platform;
- your violation of any term of these Terms; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive these Terms and your use of the CaptainPanel Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of CaptainPanel, email@example.com.
In the event that you receive a notification from CaptainPanel stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
Choice of Law
These Terms shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
You agree that any action of whatever nature arising from or relating to these Terms or the Platform will be filed only in the state or federal courts located in San Diego, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Arbitration Agreement & Waiver of Certain Rights
You and CaptainPanel agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and CaptainPanel hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and CaptainPanel relating to these Terms or the Platform (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CaptainPanel will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or CaptainPanel from seeking action by federal, state, or local government agencies. You and CaptainPanel also have the right to bring qualifying claims in small claims court. In addition, you and CaptainPanel retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor CaptainPanel may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or CaptainPanel’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with CaptainPanel.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CAPTAINPANEL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms or any other agreement you may have with CaptainPanel are deemed to conflict with each other’s operation, CaptainPanel shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment and Survival
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion. All portions of these Terms that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
You may cancel your Paid Subscription or account at any time via your CaptainPanel dashboard or contacting us at firstname.lastname@example.org. Any refunds are subject to the refund terms contained in these Terms. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. We may terminate these Terms if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of these Terms or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm CaptainPanel, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
User may enter into a separate agreement (“Work Order”) with CaptainPanel if it requires additional software or customization. The terms and conditions of such project shall be separately governed by the Work Order executed between the parties.
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
The communications between you and CaptainPanel use electronic means, whether you visit the Platform or send CaptainPanel e-mails, or whether CaptainPanel posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from CaptainPanel in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that CaptainPanel provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Relationship of the Parties.
The parties are independent contractors. These Terms does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and us.
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at email@example.com.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about CaptainPanel must be sent to our agent for notice to: firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Terms Specific for Partners
- Partner Specific Representations and Warranties. As a Partner, you further represent, warrant and covenant that (i) you are responsible for any and all content contained in your listings; (ii) any information or content that is submitted to, published or displayed via the Platform will not include any false, misleading, deceptive, defamatory, obscene, pornographic, vulgar or offensive materials, and that you will not use the Platform to promote, encourage or solicit in any activity that is illegal, immoral, would give rise to civil liability or is prohibited in the jurisdictions where the listing appears or the booking is offered; (iii) you will not solicit or collect any personal information from children under the age of 13; (iv) you are responsible for maintaining and providing your products and services in a safe and reliable manner and are responsible for any resulting harms; (v) you will not breach any agreements that you have entered into with any Customer or any other party; (vi) your products and services will comply will all applicable laws, regulations, rules, zoning requirements and safety guidelines; (vii) your listings will include any applicable government imposed tax or fee and that you will be solely responsible for the collection and payment of said fees to the governmental authorizes; and (viii) you will not engage in any practice or conduct that conflicts with, interferes or violates the rights of any third party. You acknowledge and agree that CaptainPanel is not responsible for your compliance with any applicable law, regulation or other requirement. CaptainPanel reserves the right, at any time and without prior notice, to remove or disable access to any listing or suspend your use of the Platform for any reason, including if CaptainPanel, in its sole discretion, considers any use or content to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
- Listings. You are solely responsible for creating listings with details, including, but not limited to, the location, capacity, size, features, and availability of your fishing charter and equipment. You are also responsible for setting a price (including any taxes if applicable) for your listing. You shall not use the Platform to request that any Customer engage in any prohibited or unlawful activity or request any information from a Customer that is prohibited by law or subject to any data security requirements.
- Bookings. Once a Customer requests a booking of your listing, you may not request that the Customer pay a higher price than in the booking request. You must honor all bookings that are accepted by you or your agent. If a Customer makes a booking of your fishing charter and/or equipment through the Platform, then you shall be responsible for further communications with the Customer. Any agreement that you enter into with the Customer is only between you and the Customer, and CaptainPanel is not a party to such agreements.
- Terms and Conditions. Any terms and conditions included in your listing must not conflict with these Terms. To the extent that they conflict, these Terms will supersede your terms and conditions.
- Images. Any images (including pictures, animations or videos) that you use in your listing must accurately reflect the quality and condition of your fishing charter. We reserve the right to require a minimum number of images of a certain format, size and resolution.
- Payments. You authorize CaptainPanel to collect all payments and fees described in Section 15.