1. Agreement to Terms
By accessing or using Pubmoor ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.
You must be at least 18 years old to use Pubmoor. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
2. Description of Service
Pubmoor is an online marketplace that connects boaters ("Guests") with mooring owners ("Hosts"). The Platform enables Hosts to list their moorings for rent and Guests to discover and book those moorings.
Pubmoor does not own, operate, manage, or control any moorings listed on the Platform. Pubmoor is solely a technology platform that facilitates connections between Guests and Hosts.
3. User Accounts
To use certain features of the Platform, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. Pubmoor reserves the right to suspend or terminate accounts that contain inaccurate or fraudulent information.
4. Host Responsibilities
If you list a mooring on Pubmoor as a Host, you agree to the following:
- Ownership and Authorization: You have the legal right to rent the mooring, whether as owner, lessee, or authorized agent.
- Equipment Safety and Condition: You are solely responsible for the safety, condition, maintenance, and repair of your mooring and all associated equipment, including but not limited to mooring balls, chains, anchors, cleats, docks, and any other fixtures or structures.
- Maintenance and Inspection: You will regularly inspect and maintain your mooring equipment to ensure it is safe and suitable for use. You are responsible for all repairs, replacements, and upkeep.
- Accurate Listings: Your listing information, including descriptions, photos, location, capacity, depth, and amenities, must be accurate and not misleading.
- Compliance with Laws: You will comply with all applicable laws, regulations, permits, and licensing requirements related to renting your mooring.
- Insurance: You are responsible for obtaining appropriate insurance coverage for your mooring and rental activities.
- Availability: You will honor confirmed bookings and keep your availability calendar accurate.
5. Guest Responsibilities
If you book a mooring on Pubmoor as a Guest, you agree to the following:
- Accurate Boat Information: You will provide accurate information about your vessel, including length, beam, draft, and type.
- Suitability Assessment: You are responsible for determining whether a mooring is suitable for your vessel before booking. Review all listing details including depth, capacity, and conditions.
- Safe Operation: You will operate your vessel safely and responsibly while approaching, using, and departing the mooring.
- Compliance with Rules: You will follow any rules or instructions provided by the Host and comply with all applicable maritime laws and regulations.
- Respect for Property: You will treat the mooring and surrounding area with care and report any damage or issues to the Host.
- Insurance: You are responsible for maintaining appropriate insurance coverage for your vessel.
6. Bookings and Payments
When you book a mooring, you agree to pay the total price displayed, including the nightly rate, any additional fees, and applicable taxes. Payment is processed securely through our third-party payment processor (Stripe).
Hosts receive payouts after Guest check-in, minus the Pubmoor platform fee. Payout timing and methods are subject to our payment processor's terms and verification requirements.
Pubmoor charges a platform fee to Hosts for each completed booking. Current fee rates are displayed during the listing process and may be updated from time to time.
7. Cancellations and Refunds
Cancellation policies are set by individual Hosts and displayed on each listing. By booking, you agree to the Host's cancellation policy. Refund amounts depend on when you cancel relative to your check-in date and the applicable policy.
Pubmoor may issue refunds at its discretion in cases of extenuating circumstances, significant listing inaccuracies, or safety concerns. Such determinations are made on a case-by-case basis.
8. Prohibited Activities
You agree not to:
- Violate any laws or regulations
- Post false, misleading, or fraudulent content
- Infringe on the rights of others
- Harass, threaten, or discriminate against any user
- Attempt to circumvent the Platform to avoid fees
- Use the Platform for any illegal or unauthorized purpose
- Interfere with or disrupt the Platform's operation
- Create multiple accounts for fraudulent purposes
- Scrape or collect user data without permission
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Pubmoor does not warrant, endorse, guarantee, or assume responsibility for:
- The safety, condition, quality, legality, or suitability of any mooring
- The accuracy of any listing information provided by Hosts
- The condition, maintenance, or safety of any mooring equipment
- The truth or accuracy of any user's representations
- The performance of any Host or Guest
- That the Platform will be uninterrupted or error-free
You use moorings at your own risk. You are solely responsible for inspecting any mooring and its equipment before use and for determining its suitability for your vessel.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBMOOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Damage to vessels, equipment, or personal property
- Personal injury or death
- Loss of use, data, or profits
- Equipment failure, including mooring equipment
- Weather-related incidents or natural disasters
- Disputes between Hosts and Guests
- Any conduct of third parties on the Platform
Pubmoor is not responsible for the maintenance, repair, inspection, or condition of any mooring or mooring equipment. All such responsibilities rest solely with the Host who owns or controls the mooring.
In no event shall Pubmoor's total liability exceed the amount of fees paid by you to Pubmoor in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Pubmoor and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your listing or booking of a mooring; or (e) any damage caused by your vessel or actions.
12. Dispute Resolution
Between Users: Disputes between Hosts and Guests should first be resolved directly between the parties. Pubmoor may, at its discretion, attempt to mediate disputes but is not obligated to do so.
With Pubmoor: Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
13. Modifications to Terms
Pubmoor reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms.
14. Termination
Pubmoor may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting us. Upon termination, your right to use the Platform ceases immediately, but these Terms shall survive to the extent necessary to enforce any rights or obligations that accrued prior to termination.
15. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and Pubmoor regarding your use of the Platform.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Pubmoor's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms without Pubmoor's prior written consent. Pubmoor may assign these Terms without restriction.
- Governing Law: These Terms shall be governed by the laws of the State of Washington, without regard to conflict of law principles.
16. Contact Us
If you have questions about these Terms of Service, please contact us:
Email: info@pubmoor.com
