FareHarbor Policies and Terms

FareHarbor Policies and Terms

Last Updated: June 8, 2017
IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION, PROHIBITS CLAIMS AFTER TWO YEARS AND REQUIRES ALL LAWSUITS TO BE BROUGHT IN DELAWARE.
The terms and conditions, together with all updates, supplements, additional terms and any of FareHarbor’s rules and policies (collectively, the “Agreement”) are applicable to the FareHarbor’s website, FareHarbor.com, including any versions optimized for viewing on a mobile device or any version that is made available on a third-party website with FareHarbor’s authorization; FareHarbor call center; and all other interactive features, services, and communications provided by FareHarbor (the “Service”), however accessed or used, that are operated by us, made available by us, or produced and maintained by FareHarbor Holdings, Inc. (collectively “FareHarbor” or “we”, “us”, or “our”). This Agreement is applicable to any individuals that use our service, including but not limited to entities that create a listing via the Service for their product or service (a “Provider”), third-parties that place reservations on behalf of particular Providers (a “Booking Agent”), and individual consumers that use the Service, directly or indirectly, in any fashion, including to request a reservation with a Provider (a “Guest”) (collectively “you” or “your”).
BY ACCESSING OUR WEBSITE OR USING OUR SERVICE, YOU ARE ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE OR ACCESS OUR WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THIS AGREEMENT WILL APPLY RETROACTIVELY.
YOU ACKNOWLEDGE AND AGREE THAT FAREHARBOR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND GUESTS, HAS NO CONTROL OVER THE CONDUCT OF THE PROVIDERS OR THEIR SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH THE USE OF PROVIDERS’ SERVICES.

  1. How the Service Works. The Service can be used to facilitate the listing of Provider’s services and the booking of said services by Guests. FareHarbor makes available a platform or marketplace for Guests and Providers to meet online and make a reservation related to Provider’s services (a “Booking”). FareHarbor is not an owner or operator of the Provider or any associated rental property, including, but not limited to, boats, equipment, nor is it a provider of the underlying activities, classes or tours, and FareHarbor does not own, sell, furnish, provide, rent, manage or control Provider’s products and services. FareHarbor’s responsibilities are limited to: (a) facilitating the availability of our Service to make Bookings and (b) serving as the limited agent of each Provider for the purpose of accepting payments from Guests on behalf of the Provider.

  2. Bookings. As a condition of your use of this Service, you warrant that (a) you are 16 years old or older if you are a Guest and 18 years old or older if you are a Provider or Booking Agent’s representative ; (b) you possess the legal authority to create a binding legal obligation; (c) you will use this Service in accordance with this Agreement; (d) you will only use this Service to make legitimate listing and/or Bookings for you or for another person for whom you are legally authorized to act; (e) you will not make any speculative, false or fraudulent listings or Bookings; (f) you will inform such other persons about the terms and conditions that apply to the Bookings, including all applicable rules and restrictions, and obtain their agreement to be bound by the terms and conditions; (g) all information supplied by you is true, accurate, current and complete, (h) you will not use the Service to find a Provider or Guest and then complete the transaction independent of the Service, attempt to circumvent any obligation to pay any fee to FareHarbor, or make any Bookings in the anticipation of demand, and (i) if you have a FareHarbor.com account, you will safeguard your account information and will be responsible for any use of your account by you and anyone other than you.

    YOU ACKNOWLEDGE THAT FAREHARBOR DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR BOOKING AND MAKES NO REPRESENTATIONS OR GUARANTEES ABOUT THE CONDITION, LEGALITY OR SUITABILITY OF ANY PRODUCT AND SERVICES OFFERED BY PROVIDER. FAREHARBOR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, BOOKINGS AND PROVIDER’S PRODUCTS AND SERVICES. THE USE OF PROVIDER’S PRODUCTS AND SERVICES IS AT THE GUEST’S OWN RISK.

    The Providers, not FareHarbor, are solely responsible for honoring any Bookings and making available any product and services reserved through our Service. You agree and understand that you may be required to enter into an agreement with the Provider and that your Booking is contingent upon you agreeing to accept any terms, conditions, rules and restrictions imposed by the Provider. You acknowledge and agree that you, and not FareHarbor, will be responsible for performing the obligations of any such agreements and that FareHarbor is not a party to such agreements.

    For more information about FareHarbor’s seller of travel registration, please go here.

  3. Account Registration and Security. In consideration of your access or use of the Service, you will: provide true, accurate, current and complete information about yourself and your business as prompted by the Service’ settings and item information page (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FareHarbor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FareHarbor has the right to suspend or terminate your account and refuse any or all future use of the Service.

    Account Security. You are entirely responsible for the security and confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account, including activities performed by authorized users and other third-parties. You will not share your username and password with any third party or permit any third party to log-on to the Service using your account information. If you share your username and password with any third party, permit them to log-on to or otherwise use the Service using your account information, or are negligent in maintaining the security of your username or password such that a third party gains access to your account, you assume all risks and losses and are responsible for any account activities by that third party, including but not limited to changes to your username, password, listings, Bookings or account settings, as if you performed such changes yourself. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.

    Authorized Users. Any individual identified in your Registration Data or that you later identify to us, including joint business owners or additional users, shall be deemed an authorized user of your Fareharbor.com account. You are responsible for all account activities by authorized users. You authorize us to give any authorized user information about your account, discuss your account with them and/or make changes to your account, according to the level of account access you give to an authorized user through the Services. Any disputes between you and any authorized user, or any other third-party to whom you have provided access to your account, including their control of the account, are solely between you and that third-party and FareHarbor has no responsibility or liability regarding such disputes.

  4. Property Damages. As a Guest, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Provider’s property or service. Both Guests and Providers agree to cooperate with and assist FareHarbor in good faith, and to provide FareHarbor with such information and take such actions as may be reasonably requested by FareHarbor, in connection with any complaints or claims or with respect to any investigation undertaken by FareHarbor or a representative of FareHarbor regarding use or abuse of the Service or violation of this Agreement.

  5. Payment; Fees.

    Fees: In consideration for using the Service, you agree to pay the total amount included with the Booking, including any related charges, fees, deposits and taxes. The fees and other charges related to Provider’s products or services (the “Service Fee”) are set by the Provider. You acknowledge that FareHarbor charges an additional fee to Guests based on a percentage of the total Service Fee (the “Guest Fee”) and that FareHarbor may charge additional fees to Providers or Booking Agents. When applicable, taxes may also be charged. The Service Fee, Guest Fee, other charges and applicable taxes are all included in the “Total Fees.” FareHarbor will charge the full amount of the Total Fees to Guest’s method of payment at the time that the Booking is submitted by the Guest. Please note that Provider, not FareHarbor, determines the Service Fee and is solely response for honoring any confirmed Bookings reserved through our Service. Further, you acknowledge and agree that FareHarbor is not responsible for any fees or charges from Guest’s financial institution associated with this transaction.

    Pre-authorization; Method of Payment: At the time that you make a Booking, you authorize FareHarbor, or a payment processor on its behalf, to (a) obtain a pre-authorization via your payment method for the Total Fees or (b) charge your payment method a nominal amount, not to exceed one US dollar ($1). You authorize FareHarbor, directly or indirectly via a third-party payment processor, to process your payment with the method of payment you select in the Booking and to collect the full amount of the Totals Fees for each confirmed Booking.

    Security Deposits; Damages: Certain Providers may require security deposits be paid. Each Provider will describe the amount of the security deposits and other relevant information. The return of any security deposit may also be subject to additional terms and conditions available from the Provider. You authorize FareHarbor, directly or indirectly via a third-party payment processor, to obtain a pre-authorization at the time the Booking is made and process the full amount of the security deposit for a confirmed Booking against your selected method of payment. You acknowledge that FareHarbor will not pay interest on your security deposit and will only release it when indicated by the Provider. FareHarbor is not responsible for administering or accepting any claims related to the security deposit. All disputes related to the security deposit must be directed to the Provider. You also authorize FareHarbor, directly or indirectly via a third-party payment processor, to charge your method of payment to pay for any damages pursuant to Section 4.

    Cancellations: The Provider’s cancellation policy will apply to any cancellation. Your ability to receive a refund for the Total Fees and other amounts charged to you will depend upon the terms of the Provider’s cancellation policy and, in some cases, no refund may be issued. Except as provided herein, the Total Fees are non-refundable. Details regarding refunds and cancellation policies of the Provider are available in the listing or from the Provider. If a Provider cancels a confirmed Booking made via the Service, it is at the Provider’s discretion and the Provider’s responsibility to issue a refund of the Total Fees for such Booking to the applicable Guest within a commercially reasonable time of the cancellation.

    Reoccurring Payments: In some instances, Guests may be required to make recurring or incremental payments toward the Total Fees owed for a confirmed Booking (“Recurring Payments”). If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed Booking, you authorize FareHarbor, on behalf of the Provider, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Booking.

    Donations: Some Providers may pledge to donate a portion of the funds they receive from confirmed Bookings to a particular cause or charity. FareHarbor is not responsible for the selection of any particulars charities and is not responsible for how, if or when the donation is made.

    Foreign Currency: FareHarbor provides a feature through which you may view the Total Fees for various listings in foreign currencies. You acknowledge and agree that these a foreign currency conversion are for information purposes only, are not official and should not be relied upon, and may differ from the actual conversation rate charged by your financial institutions. All payments or other transactions with the Service will be in US dollars, unless otherwise expressly stated, and any refunds or deposits will be returned at the then-current exchange rate for US dollars. You further acknowledge that exchange of foreign currency into US dollars will be performed by your financial institution and our payment process and that the applicable rate may be different from the market rate and that your financial institution may impose additional fees or charges for international transactions. These additional charges may cause the amount listed on your statement to be different from the total amount listed on the Booking. If you have any questions about the fees or exchange rate applied to your Booking, please contact your financial institution.

    Third-Party Payment Processor: FareHarbor uses a third- party payment processor to process your payments for the Services. By buying or selling on FareHarbor you authorize FareHarbor to disclose your information and payment instructions to the payment processor and agree to be bound by the current version of processor’s privacy policy and terms of service. Information about FareHarbor’s current payment processor is available here.

  6. Right to Cancel, Errors, Mistakes. The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fee or availability related to your transaction. FareHarbor assumes no responsibility or liability for such errors, inaccuracies, or omissions. FareHarbor has the right to make changes, corrections or cancellations to such information or reservation, at any time, including after confirmation of a transaction. FareHarbor is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with our Service. The Service may not be continuously available due to maintenance or repairs or due to computer problems, disruptions in Internet service or other unforeseen circumstances.

  7. Licenses. FareHarbor grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Service or their content on the corresponding platforms and not to modify all or any portion of the Service. This license does not include any resale or commercial use of the Service or their contents; any collection and use of any images or third-party content on the Service; any derivative use of the Service or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without FareHarbor’s express written consent. You grant to FareHarbor a limited, non-exclusive license to access, store, display and transmit the information you submit to the Service and disclosure that information to the Provider(s) and in the Service as provided in our Privacy Policy. You will not access or attempt to access content on the Service through any interface except for the publicly provided websites or applications provided by FareHarbor.

  8. Copyright and Ownership. All of the content featured or displayed on the Service, including without limitation text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by FareHarbor, its licensors, vendors, agents or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You are authorized to view, play, print and download copyrighted documents, audio and video found on our Service for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of FareHarbor or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.

    We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to FareHarbor. We reserve the right to remove any material alleged to be infringing without prior notice and without liability to you. When appropriate, we will also terminate your account if you are determined to be a repeat infringer. If you believe that your copyrighted information has been used in a way that constitutes copyright infringement, please send a notice that complies with the requirements of the Digital Millennium Copyright Act to our designated agent at:

    FareHarbor Holdings, Inc.
    Attn: DMCA Agent
    575 Logan St
    Denver, CO 80203
    Email: [email protected] 
  9. Trademarks; No Endorsement. All trademarks, service marks and trade names of FareHarbor used in the Service (including but not limited to: FareHarbor’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of FareHarbor or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without FareHarbor’s prior written consent. FareHarbor prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use FareHarbor’s name or any language, pictures or symbols which could, in FareHarbor’s judgment, imply FareHarbor’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

    FareHarbor does not control any Provider or any product or service. You are responsible for determining the appropriateness and suitability of any prospective Guest, Booking Agent, Provider or any activity booked through this Service.

  10. Inappropriate Material. You are prohibited from using the Service to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone inappropriately using the Service.

  11. Links. Running or displaying the Service or any information or material displayed on the Service in frames or through similar means on another website without our prior written permission is prohibited. From time to time, the Service may contain links to websites that are not owned, operated or controlled by FareHarbor or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you decide to access any other websites, you do so entirely at your own risk.

  12. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service. We retain the right at our sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of this Agreement.

  13. General Representations and Warranties. You represent that you: if a Guest are 16 years old or older or if a Provider or Booking Agent’s representative 18 years old or older, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Service is and will be in compliance with all applicable laws. In connection with information you submit, you affirm, represent and warrant the following: (i) you have obtained all consents and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 7; (ii) if necessary you have the consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the Service; (iii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iv) you are not, and have not been an agent of FareHarbor and were not and are not acting on behalf of, or as a representative of FareHarbor; and (v) the submitted information and FareHarbor’s use thereof as contemplated by this Agreement will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.

  14. DISCLAIMERS. YOUR USE OF THIS SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICE PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FAREHARBOR, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICE PROVIDED ON OR THROUGH THE SERVICE. THE INFORMATION, MATERIALS AND SERVICE PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND NEITHER FAREHARBOR, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FAREHARBOR OR THROUGH THE SERVICE, CONTENT AND SERVICE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    THE PROVIDERS AND ANY BOOKING AGENTS ON THIS SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE FAREHARBOR COMPANIES OR THE FAREHARBOR AFFILIATES. THE FAREHARBOR COMPANIES AND THE FAREHARBOR AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE FAREHARBOR COMPANIES AND THE FAREHARBOR AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. RATINGS DISPLAYED ON THIS SERVICE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE FAREHARBOR COMPANIES AND THE FAREHARBOR AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. FAREHARBOR, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.

  15. LIMITATIONS OF LIABILITY; LIMITATION ON TIME TO FILE CLAIMS. FareHarbor does not assume any responsibility for and is not liable for any damages to your computer, equipment or other property caused by or arising from your access to, use of, or browsing the Service, or your downloading of any information or materials from this Service. IN NO EVENT WILL FAREHARBOR, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USING THE SERVICE, ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICE, OR THE MATERIALS, INFORMATION OR OTHER CONTENT CONTAINED ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FAREHARBOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PROVIDER OR THE PROVIDER’S SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THAT PROVIDER DIRECTLY AND THAT FAREHARBOR IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF ANY DEALINGS WITH THE PROVIDER. IN NO EVENT SHALL FAREHARBOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED , IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO FAREHARBOR IN CONNECTION WITH SUCH TRANSACTION(S) OR (B) ONE HUNDRED DOLLARS (US $100.00).

    TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THIS SERVICE WITHIN TWO (2) YEARS FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR SUCH CLAIM OR CAUSE OF ACTION WILL BE IRREVOCABLY WAIVED.

  16. Indemnity. You agree to defend, indemnify and hold FareHarbor and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Service or your placement or transmission of any message or information on this Service by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to FareHarbor; or (vi) any other party’s access and use of the Service with your username and password.

  17. Release. In the event that you have a dispute with one or more other users of the Service, the Provider or the Booking Agent, you release FareHarbor (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any dispute over the payment to the Provider or the goods or service provided (or not provided) by the Provider.

  18. Termination. FareHarbor may suspend or terminate your account or your use of the Service at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also suspend your access to our Service in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, the Provider, or us.

  19. Force Majeure. Neither FareHarbor nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, Internet or hosting outage, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

  20. Privacy. Data collection and use, including the collection and use of personally identifiable information, is governed by FareHarbor’s Privacy Policy which is incorporated into and is a part of this Agreement.

  21. General. Any claim relating to the use of the Service, the materials contained herein or this Agreement is governed by the laws of the State of Delaware. You consent to the exclusive jurisdiction of the state and federal courts located in State of Delaware. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck and amended to achieve as closely as possible the effect of the original provision and all other provisions of this Agreement will continue in full force and effect. You agree that this Agreement may be assigned by FareHarbor in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You and FareHarbor are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Fictitious names of companies, products, people, characters mentioned on the Services are not intended to represent any real individual, company or product.

  22. Entire Agreement; Survival. These terms and conditions are the entire agreement between you and FareHarbor and supersede any prior understandings or agreements (written or oral). The license granted by your in Section 7 (Licenses), 15 (Limitations of Liability; Limitation on Time to File Claims), 16 (Indemnity), 17 (Release) and 21 (General) shall survive any termination or expiration of this Agreement.

    ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROVIDERS AND BOOKING AGENTS

  23. Additional Representations and Warranties. In addition to the representations and warranties contained in Section 13 and elsewhere in this Agreement, you further represent, warrant and covenant that (a) you are responsible for any and all content contained in your listings; (b) any information or content that is submitted to, published or displayed via the Service will not include any false, misleading, deceptive, defamatory, obscene, pornographic, vulgar or offensive materials, and that you will not use the Service 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; (c) you have the right or adequate license for any content that you publish or make available via the Service; (d) you will not solicit or collect any personal information from children under the age of 13; (e) that you are responsible for maintaining and providing your products and services in a safe and reliable manner and are responsible for any resulting harms; (f) you will not breach any agreements that you have entered into with the Guest or any other party; (g) your products and services will comply will all applicable laws, regulations, rules, zoning requirements and safety guidelines; (h) 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 (i) 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 FareHarbor is not responsible for your compliance with any applicable law, regulation or other requirement. FareHarbor reserves the right, at any time and without prior notice, to remove or disable access to any listing or suspend your use of the Service for any reason, including if FareHarbor, in its sole discretion, considers any use or content to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Service.

  24. Listings. As the Provider, you may use the Service to create listings about your products or services. You will be asked a variety of questions in order to populate your listings, including, but not limited to, the location, capacity, size, features, availability of the product or service, cancellation and refund policy, pricing and related financial terms, applicable taxes and fees, and other information. All listings must also include a valid physical address and all material terms and conditions, including any applicable taxes and fees. Information you include in a listing will be made publicly available via the Service and may be booked by Guests or Booking Agents. You acknowledge and agree that once a Guest or Booking Agent requests a Booking of your product or service, the price and terms for such Booking may not be altered by you. Provider will not submit any listing with a false or misleading price or other information and will not submit any lists with a price and terms that you do not intend to honor.

    When you create a listing, you may also choose to include certain requirements which must be met by the Guests who are eligible to request a Booking, including, but not limited to, requiring Guests to have a profile picture or verified phone number, certain qualifications or certifications, in order to book your product or services. You agree that no such requirements will be applied in a discriminatory or unlawful manner. In addition, you will not use the Service to request that a Guest engage in any prohibited or unlawful activity or request any information from a Guest that is prohibited by law or subject to any applicable data security requirements.

    As the Provider or Booking Agent, you may not post, upload, publish, submit or transmit any content (including but not limited to any text, graphics, images, music, software, audio, video, information or other material) via the Services that (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive as determined in FareHarbor’s sole judgment; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances. In addition to any other remedies, FareHarbor may immediately suspend or terminate any Provider or Booking Agent that violates these restrictions.

  25. Bookings. You must honor all Bookings that are accepted by you or your agent. If a Guest makes a Booking of or uses your product and service, any agreement you enter into with such Guest is between you and the Guest and FareHarbor is not a party or responsible for any commitments or obligations contained therein.

    Unless Provider gives their permission, FareHarbor will not use the email addresses from Guests that make a booking with your service to market our Service. FareHarbor may, however, contact your Guests to provide customer support, conduct satisfaction surveys and to respond to Guest inquires related to their Bookings and other transactions on FareHarbor.

    You acknowledge and agree that FareHarbor does not act as an insurer or as a contracting agent for you as a Provider or Booking Agent. FareHarbor recommends that you obtain appropriate insurance for your business. Please review any insurance policies that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites, if applicable) while using your product or service.

    You acknowledge and agree that you are fully authorized, licensed and permitted to provide your products and services, including the authority to license or rent in associated property. You acknowledge and agree that, as between FareHarbor and yourself, you are responsible for the acts and omissions for your employees, contractors, vendors, agents and all other parties that are involved in providing your product or service or that are on your property.

  26. Fees; Payment.

    Fees: You authorize FareHarbor to collect the Service Fee, Guest Fee and Total Fees described in Section 5. You acknowledge that the Guest Fee is based on a variable percentage of the Service Fee and is set by FareHarbor. All Guest Fees are retained by FareHarbor and all Service Fees, including related charges and amounts attributable to government taxes or fees set by Provider, are remitted to Provider as described below. Provider acknowledges and agrees that, in the event of a refund and unless waived by FareHarbor, Provider is responsible for payment of the Guest Fee to FareHarbor. Please note that FareHarbor does not currently charge fees for the creation of listings. However, you acknowledge and agree that FareHarbor reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of listings. Please note that FareHarbor will provide notice of any listing fee collection via the Service, prior to implementing such a fee.

    FareHarbor will also use its commercially reasonable efforts to address Providers’ requests and claims related to security deposits, but FareHarbor is not responsible for administering or accepting any claims by Providers related to security deposits, and disclaims any and all liability in this regard.

    Remittals: FareHarbor will remit the collected fees, less those amounts that may be retained by FareHarbor. FareHarbor may direct the payment processor, in FareHarbor’s sole but reasonable discretion, to withhold part or all of the payment for a period of up to ninety (90) days after the date the product or services are rendered to the Guest by Provider in order to satisfy any requests to return any security deposits, cancellation requests or other refunds. All Provider fees retained by FareHarbor will be held in a non-interest bearing account by FareHarbor’s third-party payment processor. In the event of any refund, cancellation, reversal, chargeback, error or other need to return any amount of the Total Fee to the Guest, you expressly authorize FareHarbor and its third-party payment processor to without any further notice or consent to (a) use funds currently held by the third-party payment processor to satisfy the obligation, (b) reverse part or all of any previously applied transfers from the third-party payment processor to Provider’s financial institution, or (c) to apply a debit against and transfer the necessary amounts directly from Provider’s financial institution.

    Unless otherwise agreed to in writing by FareHarbor, all payments to Providers will be in US dollars. Provider is responsible for any conversion, including any service or other charges, into a currency other than US dollars. If FareHarbor converts any payment into a foreign currency, it may deduct any processing expenses.

    Payment Agent: Each Provider hereby appoints FareHarbor as the Provider’s limited agent solely for the purpose of collecting payments made by Guests or Booking Agents on behalf of the Provider. Each Provider agrees that payment made by a Guest to FareHarbor shall be considered the same as a payment made directly to the Provider and the Provider will make the product and service available to Guest in the agreed upon manner as if the Provider has received the fees directly. Each Provider agrees that, FareHarbor may, in accordance with the Provider’s cancellation policy as reflected in the relevant Listing, refund to the Guest that portion of the Product and Service Fees as specified or if in FareHarbor’s sole but reasonable discretion FareHarbor determines that the Provider had not adhered to this Agreement. In accepting appointment as the limited authorized agent of the Provider, FareHarbor assumes no liability for any acts or omissions of the Provider. Provider agrees to reimburse FareHarbor for any dispute or other related fees applied by FareHarbor’s third-party payment processor and that said fees may be debited directly from Provider’s account held by the payment processor.

    Taxes: IRS regulation, regarding federal tax reporting requirements, stipulates that FareHarbor or its payment process must collect IRS Form W-9 information from all Providers in the United States. If applicable and if required by applicable IRS regulations, FareHarbor’s payment processor will issue any required 1099s to Provider. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. FareHarbor cannot and does not offer tax-related advice. Additionally, please note that each Provider is responsible for determining all applicable federal, state and local taxes and governmental fees, and for including any applicable taxes and fees to be collected in the applicable listings. Where applicable, or based upon request from a Provider, FareHarbor may issue a valid VAT invoice to such Provider. “Tax” or “taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal or other withholding and personal or corporate income taxes.

  27. Website Development. From time to time FareHarbor may create websites, customer relationship management tools and other online features for use by Provider and Booking Agent (the “Online Assets”). Provider and Booking Agent acknowledge and agree that the Online Assets are the sole property of FareHarbor and, notwithstanding the inclusion of Provider’s marks, are not a “work made for hire” under the Copyright Act or any other law. To the extent that the foregoing does not apply, Provider and Booking Agent each assign to FareHarbor, and its successors and assigns, for no additional consideration, Provider’s and Booking Agent’s entire right, title and interest in and to the Online Assets and any intellectual property rights contained therein. Nothing contained in this Agreement shall be construed to reduce or limit FareHarbor’s right, title or interest in the Online Assets. Further, Provider and Booking Agent agree to stop using and return to FareHarbor the Online Assets at FareHarbor’s request or upon the termination or expiration of this Agreement.

  28. Supplier Payments. Provider may use FareHarbor to initiate ACH payments from Provider’s designated bank account to a designated supplier or vendor of goods or services (“Supplier”). By using FareHarbor in this way Provider agrees to the Supplier Payment Terms and Conditions, available here and which are incorporated and made part of this Agreement.

WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THIS AGREEMENT.
FareHarbor Holdings, Inc. | 575 Logan St, Denver, CO 80203


Privacy

Aloha! Our team here at FareHarbor Holdings, Inc. (“FareHarbor”) values your trust, and makes it a high priority to ensure the security and confidentiality of the personal information you provide to us. Below you will find our Privacy Policy. We encourage you to please read our policy to learn about our privacy practices so you can better understand what we collect from you, why we collect it and your rights. Remember, by visiting our website or using our services, you are accepting our practices. Mahalo!

What information do we collect?

We collect personally identifiable information from you when you register on our site, place a reservation order, subscribe to our newsletter, respond to a survey, fill out a form or input data on our site in any way.
When booking reservations through or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information, social security number, gender, certification level, experience level, height, weight, shoe or other clothing size, hotel information, or other information as requested by the companies that use our service. You may, however, visit and browse our sites and offerings and not enter any of your personally identifiable information.

How do we use your information?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
  • To process transactions (In addition to processing your bookings with the companies that use our services, the email address you provide during booking processing may be used to send you information and updates pertaining to your reservation, in addition to receiving occasional company news, updates, related product or service information,
  • To provide services to the companies that use FareHarbor
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails

We also may collect and store information about you that we receive from other sources to, among other things, enable us to verify, update and correct the information contained in our databases, prevent fraud, provide services to our other clients, and to better customize your experience on our site.
Note: If at any time you would like to unsubscribe from receiving future marketing emails, please contact [email protected].

How do we protect your information?

We implement a variety of security measures to help maintain the safety of your personal information when you reserve a booking or enter, submit, or access your personal information.
All supplied credit card information is transmitted via Secure Socket Layer (SSL) technology. This information is then encrypted in our payment provider’s systems, may only to be accessible by those authorized with special access rights to such systems, and they are required to keep the information confidential. Please understand that while we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet can be guaranteed to be 100% secure.
After a transaction, your personal information may be kept on file in order to archive reservation data, help improve the customer experience, and for other business purposes.

Do we use cookies and interest-based advertising? {#cookies}

Yes, cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements, market our services, and compile data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use any personally identifiable information collected on our behalf except to help us conduct, improve or market our business.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still reserve a booking over the telephone by contacting the company’s customer service number directly. Your browser or device may include “Do Not Track” functionality. FareHarbor’s information collection and disclosure practices and the choices we provide, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.
We allow third-party advertising companies to collect certain information when you visit our site. These companies may utilize cookies, pixels or other technologies to collect and use non-personally identifiable information (e.g., hashed data, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you (i.e. interest-based advertising). They may also use persistent identifiers to anonymously track your Internet usage over time and across other websites in their networks beyond our site. To learn more about interest-based advertising or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at http://aboutads.info and Networking Advertising Initiative at http://networkadvertising.org/choices. Google, as a third-party vendor, also uses cookies to serve ads. Google’s use of the DART cookie enables it to serve ads based on your visits to FareHarbor’s sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Do we disclose any information to outside parties?

Yes, we provide your information to the third-party companies that use our service to book online reservations. We share information about your reservation and also may include information about how you use and interact with our site, such as your reservation history, which activities you like or are recommended for you, and other information. In some cases, we may provide these third-party companies with analytics and other information about your interaction with our service via their website. Please note that this Privacy Policy does not apply to those third-party companies and FareHarbor is not responsible for how they use, maintain or disclose your information.
We also use third-party service providers who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site’s policies, or protect our or others rights, property, or safety in anyway legally or most appropriate to the situation at our sole discretion.
We may share your personal information with our business partners or co-marketers from time to time. Although our treatment of your personal information is governed by this Privacy Policy, the third party’s treatment of your information will be governed by their privacy policy. Non-personally identifiable or aggregated information may also be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Residents

California law permits California residents to request certain information regarding FareHarbor’s disclosure of their personally identifiable information to third parties for those third parties’ direct marketing purposes. To make such a request, please send an e-mail to [email protected] specifying that you seek your “California Customer Choice Notice.” Please allow up to thirty days for a response.
All users of our site may update their information at any time by logging into their control panel and going to the ‘Edit Profile’ page. We reserve the right to not accommodate a request to change your information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

Children’s Information

FareHarbor’s sites are a general audience websites and do not offer services directed to children. You must be 16 years of age or older to book using FareHarbor’s sites. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information and will delete the information. Bookings made by underage individuals without consent will not be honored. If you believe that FareHarbor has been provided with the personal information of a child under 13 without parental consent, please notify us immediately at [email protected].

Use of Stripe

Information about our use of Stripe for payment services can be found here.

Visiting our website from outside the United States

If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected in accords with this policy. By using our services and voluntarily submitting your information to us, you consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to and storage of that information in the United States.

Additional Terms and Conditions

Please also visit our Terms of Use which establishes the use, disclaimers, limitations of liability, and other terms and conditions governing the use of our site and services at https://fareharbor.com/legal/tos/. This Privacy Policy is made a part of and incorporated into our Terms of Use; any capitalized terms used but not defined in this policy shall have the same meanings as set out in the Terms of Use.

Your Consent

By using our site, you consent to our Privacy Policy and Terms of Use.

Assignment

We may change our ownership or corporate organization while providing our sites or services. We may also sell certain assets associated with the sites or services. As a result, please be aware that in such event we may transfer some or all of your information to an entity acquiring all or part of our assets or to another entity with which we have merged. Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, we cannot promise that the acquiring or merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Changes to our Privacy Policy

We reserve the right to modify or amend the terms of this Privacy Policy from time to time. Your continued use of our sites or services following the posting of changes will mean you accept the new Privacy Policy as modified. If we decide to change our Privacy Policy, we will post those changes on this page and they will be effective immediately.
This policy was last modified on August 18, 2015.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.
FareHarbor Holdings, Inc.
https://fareharbor.com
P.O. Box 306 Wayzata, MN 55391 USA
[email protected]
(855) 495-4333

Environmental & Social Responsibility

Our business depends on a healthy environment to be successful. Our highest priority is the care and preservation of the reefs we explore and the beaches we visit.

The sea life, flora and fauna that we encounter in our excursions are shared with our guests in an ethical, respectful manner – we strive to leave every beach, reef and trail that we explore, cleaner than when we found it.