Terms & Conditions

Claims Submissions

If You file a claim under Your policy, the information You submit and the loss are subject to review and verification. The issuing carriers or its claims administrator reserves the right to request additional information before making a final decision on Your claim. In some cases, a claim representative may contact You regarding Your claim. Your claim is subject to the provisions in Your policy.

Your Acceptance

By using or visiting this Website, including without limitation contributing to or viewing the Website's Content, You signify Your assent to (1) these Terms; and (2) the Privacy Policy. These Terms apply to all Users of the Website. If You do not agree to these Terms or the Privacy Policy, then please do not access or otherwise use the Website or any information contained herein. You agree that these electronic Terms and Privacy Policy combined with Your accessing and using the Website has the same legal force and effect as a written contract with Your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, You acknowledge that You have had the opportunity to print these Terms.

Ability to Accept Terms

The Website is intended solely for persons who are 18 or older. Any access to or use of the Website by anyone under 18 is expressly prohibited. By accessing or using the Website You represent and warrant that You are over the age of 18 and have the power, authority, and capacity to enter into this agreement, and that You are a U.S. citizen, or are physically present in the United States as You use the Website(s). If it comes to Buoy's attention through reliable means that a registered User is a child under 18 years of age, Buoy may terminate that User access to the Website.

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By using a Website, You signify You meet all of the foregoing criteria, and agree any action taken by You on the Website shall be deemed an action taken by You and, to the extent You are accessing this Website for Your business, Your actions shall be deemed to be authorized actions on behalf of Your business.

Modification

We reserve the right, at Our sole discretion, to modify these Terms or the Website at any time and without prior notice, which will be effective ten (10) days following the posting of the modification to the Website or otherwise providing notice to You, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by posting such changes on the Website or otherwise providing notice to You. You should continue to check the Website for changes. Your continued use of this Website after changes to these Terms or otherwise providing notice to You, whichever occurs first, will mean You accept those changes. If the modified Terms are not acceptable to You, Your only recourse is to cease using the Website.

Website Access & Restrictions

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A. Buoy hereby grants You permission to use the Website, provided that: (i); You will not copy, distribute or modify any part of the Website without Buoy's prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Website; (v) You will not disobey any requirements, procedures, policies or regulations established from time to time regarding use of this Website or any networks connected to this Website; (vi) You will not engage in hacking, cracking, “phishing”, “phreaking” or any other activity to circumvent established Internet security measures on the Website or elsewhere; (vii) You comply with these Terms; and (viii) You will comply any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the Website and Content.

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B. In order to access and use the insurance plans and services of the Website, You must (i) be a business and use this for Your business purposes, and (ii) create an account and provide Buoy with all the requested information. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You must not impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person's username, password or other account information or another person's name, likeness, voice, image, or photograph. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Buoy immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of Buoy or others due to such unauthorized use. Buoy will not be liable for Your losses caused by any unauthorized use of Your account.

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C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders”, “scripts”, and “offline readers,” that accesses, crawls, scrapes, spiders, or otherwise improperly accesses the Website, including without limitation in a manner that sends more request messages to the Buoy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Buoy grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Buoy reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

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D. You agree that in connection with Your use of the Website, You may not and You agree that You will not:

1. violate any local, state, provincial, national, maritime, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;
2. use the Website for any commercial or other purposes that are not expressly permitted by these Terms;
3. Falsely imply that Buoy endorses You, is a partner, or otherwise misleads others as to Your affiliation with Buoy;
4. copy, store or otherwise access any information contained on the Website or Content for purposes not expressly permitted by these Terms;
5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
6. interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
7. use the Website to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
8. use the Website in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
9. stalk or harass any other User of the Website or collect or store any personally identifiable information about any other User than as may be expressly authorized by these Terms;
10. register for more than one Buoy Account or register for a Buoy Account on behalf of an individual other than yourself;
11. impersonate any person or entity, or falsify or otherwise misrepresent yourself or Your affiliation with any person or entity;
12. post, upload, publish, submit or transmit any content that, in Buoy's sole judgment: (i) 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; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
13. use, display, mirror or frame the Website, or any individual element within the Website, Buoy's name, any Buoy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Buoy's express written consent;
14. access, tamper with, or use non-public areas of the Website, Buoy's computer systems, or the technical delivery systems of Buoy's providers;
15. attempt to probe, scan, or test the vulnerability of any Buoy system or network or breach any security or authentication measures;
16. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Buoy or any of Buoy's providers or any other third party (including another User) to protect the Website;
17. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive, or false source-identifying information;
18. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
19. advocate, encourage, or assist any third party in doing any of the foregoing.
20. Rent the vessel during or arising out of small craft advisories, tropical depressions, tropical storms, hurricanes as designated by the National Weather Service and/or National Hurricane Center and/or National Oceanic and Atmospheric Administration;
21. Allow renter to utilize the vessel without a bareboat contract;
22. Allow for commercial use of the vessel. Only pleasure use is allowed for all transactions taking place on Buoy;
23. Allow for your employees, contractors, or renters to utilize vessels unless all aspects of the FL Boating Safety Act of 2022 have been met.

E. Buoy has the right to investigate and seek all remedies available at law and in equity for violations of these Terms. In addition, Buoy has the right to terminate Your access to the Website, in its sole discretion, immediately and with or without cause. Buoy may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Buoy has no obligation to monitor Your access to or use of the Website or Content or to review or edit any User content but has the right to do so for the purpose of operating the Website, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Buoy reserves the right, at any time and without prior notice, to remove or disable access to any Content that Buoy, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website.

Account Registration

In order to access certain features of the Website, You must register to create an account (“Buoy Account”) and become a User. When using or opening an account with Buoy on behalf of a company, entity, or organization, You represent and warrant that You: (i) are an authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) agree to these Terms on behalf of such entity.

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You may also be able to register to join by logging into online accounts You may have with third parties, such as Facebook, Google, or Apple; each such account, a “Third Party Account”, via the Website. As part of the Website, You may be able to link Your Buoy Account with Third Party Accounts, by either: (i) providing Your Third-Party Account login information to Buoy through the Website; or (ii) allowing Buoy to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account. You represent that You are entitled to disclose Your Third Party Account login information to Buoy and/or grant Buoy access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating Buoy to pay any fees or making Buoy subject to any usage limitations imposed by such third party service providers. By granting Buoy access to any Third-Party Accounts, You understand that Buoy will access, make available and store (if applicable) any Content that You have provided to and stored in Your Third-Party Account (“TPA Content”) so that it is available on Your Buoy Account profile page. Depending on the Third-Party Accounts You choose and subject to the privacy settings that You have established in such Third-Party Accounts, personally identifiable information that You post to Your Third-Party Accounts will be available on and through Your Buoy Account. Please note that if a Third-Party Account or associated service becomes unavailable or Buoy's access to such Third-Party Account is terminated by the third-party service provider, then TPA Content will no longer be available on and through the Website, Services and Application. You have the ability to disable the connection between Your Buoy Account and Your Third-Party Accounts, at any time, by accessing the “Account” section of the Website and Application.

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PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

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Buoy makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Buoy is not responsible for any TPA Content.

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We will create Your Buoy Account and Your Buoy Account profile page for Your use of the Website based upon the personal information You provide to Us or that We obtain via a Third-Party Account as described above. Any changes made to your personal information via the Buoy Account, will not be transmitted to other active insurance products you may have with Markel Insurance Company.

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You may not have more than one (1) active Buoy Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Buoy reserves the right to suspend or terminate Your Buoy Account and Your access to the Website if You create more than one (1) Buoy Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

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You are responsible for safeguarding Your password. You agree that You will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your Buoy Account, whether or not You have authorized such activities or actions. You will immediately notify Buoy of any unauthorized use of Your Buoy Account.

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Unless expressly permitted in writing by Buoy, You may not sell, rent, or lease Your Buoy Account to anyone else.

Termination and Account Cancellation

We may, in Our discretion and without liability to You, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or Your access to the Website, and (b) deactivate or cancel Your Buoy Account. Upon termination We will promptly pay You any amounts We reasonably determine We owe You in Our discretion, which We are legally obligated to pay You. In the event Buoy terminates these Terms, or Your access to the Website or deactivates or cancels Your Buoy Account You will remain liable for all amounts due hereunder. You may cancel Your Buoy Account at any time by contacting Us via a support ticket. Please note that if Your Buoy Account is canceled, We do not have an obligation to delete or return to You any Content You have posted to the Website, including, but not limited to, any reviews or Feedback.

Financial Terms

You understand and agree that Buoy reserves the right, in its sole discretion, to (i) obtain a pre-authorization via Your credit card for the Total Fees or (ii) charge Your credit card a nominal amount, not to exceed one dollar ($1) to verify Your credit card. Please note that Buoy cannot control any fees that may be charged to a User by his or her bank related to Buoy's collection of the total fees, and Buoy disclaims all liability in this regard.

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In connection with Your requested insurance coverage, You will be asked to provide billing information such as name, billing address and credit card information either to Buoy or its third-party payment processor. You agree to pay Buoy for any confirmed coverage made in connection with Your Buoy Account in accordance with these Terms by one of the methods described on the Service – e.g., by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided, either directly by Buoy or indirectly, via a third-party online payment processor or by one of the payment methods described on the Website. If You are directed to Buoy's third-party payment processor, You may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once Your confirmed booking transaction is complete You will receive a confirmation email summarizing Your confirmed booking.

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Failure to charge any fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time. You also agree that if Buoy is unable to collect a debt that is due within 30 (thirty) days, it may resort to a third-party recovery service for the amount owed. In the event a third-party recovery service is used, You agree that Buoy may pursue an action against You for the original amount owed, plus any commissions or expenses (including attorneys' fees) related to pursuing said amount.

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If, as a Renter, you cancel your requested booking before the requested booking is confirmed by a Boat Rental Company, Buoy will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made you will need confirmation from the individual Boat Rental Company, which can be sent to hello@buoy.rent. Boat Rental Companies have their own cancellation procedures which is why we require proof of the cancellation. If a Boat Rental Company cancels a confirmed booking, Buoy will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation. For all other refund requests, please send an email to hello@buoy.rent.

Payment Processing Errors and Chargebacks

We will take steps to rectify any payment processing errors that We become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by You, so that You end up receiving or paying the correct amount.

Payment Processor Terms (Stripe)

Payment processing services on Buoy are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement. You also authorize Buoy to share with Stripe transaction information related to Your use of the payment processing services provided by Stripe.

Submission and Protection of Personally Identifiable Information

Buoy's use of Your personal information and Our responsibilities in connection with protecting Your privacy are described in Our Privacy Policy, which is hereby incorporated by reference into these Terms of Service. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Buoy reserves the right to release Your details to system administrators at other websites in order to assist them in resolving security incidents. Buoy reserves the right to investigate suspected violations of these Terms of Service.

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Buoy reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Buoy to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

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BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS BUOY AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BUOY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BUOY OR LAW ENFORCEMENT AUTHORITIES.

User Content, License to Buoy

Unless otherwise agreed to in a written agreement between You and Buoy that was signed by an authorized representative of Buoy, if You submit, transmit, display, perform, post or store User Content using the Website, You grant Buoy and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that You submit in connection with such User Content.

User Content Representations

You are solely responsible for Your User Content and the consequences of posting or publishing it. By uploading and publishing Your User Content, You represent, and warrant that: (1) You are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) Your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; and (3) Your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Buoy reserves all rights and remedies against any Users who breach these representations and warranties.

Copyright Dispute Policy

Buoy respects copyright law and expects its Users to do the same. If You are a copyright owner or agent thereof and believe that content posted on the Buoy Website infringes upon Your copyright, please submit a notice following Our Policy, which include further information about what to include in Your notice, and where to submit Your notice.

Intellectual Property Rights

The content on the Website, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, and any other content on the Website (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Buoy and are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Website are the property of Buoy or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Buoy, by agreeing to these Terms, You are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Website solely for Your personal use or business use as identified in these Terms. Buoy can terminate this license at any time, without notice. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Buoy or its licensors, except for the licenses and rights expressly granted in these Terms.

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Content on the Website is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Buoy's prior written consent. Buoy reserves all rights not expressly granted in and to the Website. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

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“Buoy”, “Bolt Insurance Agency”, “Bolt Agency” “Bolt”, the Bolt logo, and other marks are marks of Buoy or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.

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This section shall survive any termination of these Terms.

Links

The Website may contain links to third party websites that are not owned or controlled by Buoy. You acknowledge and agree that Buoy is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the availability, accuracy, content, privacy policies, or practices of any third-party websites. In addition, Buoy will not and cannot censor or edit the content of any third-party site. By using the Website, You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the Content, products or services on or available from such websites or resources and expressly release Buoy from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Website and to read the terms and conditions and privacy policy of each other website that You visit.

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Buoy permits You to link to materials on the Website for internal business purposes of Your business, and not on behalf of or for the benefit of other persons or entities.

Information Description

Buoy attempts to be as accurate as possible. However, Buoy cannot and does not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. Buoy reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.

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Your use of the Content, or any part thereof, is made solely at Your own risk and responsibility.

Warranty

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE WEBSITE ARE FOR PAYMENT.

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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND BUOY, THE WEBSITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY (INCLUDING THE INSURANCE SERVICE), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE WEBSITE WILL FUNCTION AS CLAIMED, BUOY DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE WEBSITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. BUOY MAKES NO WARRANTY REGARDING THE QUALITY OF THE WEBSITE OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE. IN ADDITION, YOU AGREE THAT BUOY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

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EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, BUOY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.

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BUOY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.

Disclaimers

THE FACT THAT BUOY HAS PROVIDED A LINK TO A WEBSITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP OR AFFILIATION WITH RESPECT TO SUCH WEBSITE, ITS OWNERS, OR ITS PROVIDERS.

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BUOY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE.

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BUOY IS NOT AN INSURANCE COMPANY. INSURANCE PLANS AND SERVICES ARE PROVIDED BY INSURANCE COMPANIES AND OTHER LICENSED INSURANCE-RELATED PROVIDERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH THE INSURANCE COMPANIES AND OTHER INSURANCE RELATED PROVIDERS. IF YOU HAVE A DISPUTE WITH ANY INSURANCE COMPANY OR OTHER INSURANCE RELATED PROVIDERS, YOU AGREE THAT BUOY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.

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WE PRESENT CONTENT FOR THE PURPOSE OF HELPING OUR USERS DETERMINE WHAT INSURANCE COVERAGE MAY BE ADVISABLE FOR THEM AND PROVIDE FREE QUOTES TO SIMPLIFY COMPARISON- SHOPPING FOR INSURANCE. NEITHER BUOY NOR ITS AFFILIATES REPRESENT THEMSELVES AS FINANCIAL ADVISORS, ATTORNEYS OR TAX PLANNING SPECIALISTS. THE OPINIONS, ADVICE AND STATISTICS ON OUR WEBSITE COME FROM THIRD PARTIES AND ARE PROVIDED AS IS. WE MAKE NO WARRANTIES AS TO THE ACCURACY OR THE SUITABILITY OF THIS INFORMATION AS IT RELATES TO YOUR PERSONAL CIRCUMSTANCES OR ANY OTHER PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUOY OR THROUGH THE WEBSITE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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THE INSURANCE PLAN QUOTES PROVIDED ARE FURNISHED BY THE INDIVIDUAL INSURANCE COMPANIES AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. A QUOTE SHOULD NOT BE CONSTRUED AS A COMMITMENT FROM THE INSURANCE COMPANY TO ACTUALLY ISSUE THAT POLICY OR ANY OTHER POLICY TO YOU AT THE QUOTED PREMIUM OR ANY OTHER PREMIUM. THE QUOTES PRESENTED ARE BASED ON THE INFORMATION WE HAVE REQUESTED AND YOU HAVE GIVEN US. TO PURCHASE A POLICY, YOU MUST SUBMIT AN APPLICATION WITH ALL THE REQUESTED DETAILS TO THE INSURANCE COMPANY. THE INSURANCE COMPANY WILL REVIEW YOUR APPLICATION, ALONG WITH INFORMATION IT MAY GATHER FROM OTHER SOURCES. BASED ON ITS UNDERWRITING ANALYSIS, THE INSURANCE COMPANY WILL DETERMINE THE PRECISE PREMIUM TO CHARGE YOU OR, IN CERTAIN CIRCUMSTANCES, DECLINE TO OFFER AN INSURANCE POLICY TO YOU. THIS UNDERWRITING PROCESS MAY ALSO RESULT IN HIGHER OR LOWER PREMIUMS THAN YOUR QUOTE.

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YOU AUTHORIZE BUOY, DIRECTLY OR THROUGH THIRD PARTIES, TO MAKE ANY INQUIRIES WE CONSIDER NECESSARY TO HELP VERIFY OR CHECK YOUR IDENTITY OR PREVENT FRAUD. THIS MAY INCLUDE ASKING YOU TO PROVIDE A FORM OF GOVERNMENT IDENTIFICATION (E.G. DRIVER'S LICENSE OR PASSPORT), YOUR DATE OF BIRTH, AND OTHER INFORMATION REQUIRING YOU TO TAKE STEPS TO CONFIRM OWNERSHIP OF YOUR EMAIL ADDRESS, PAYMENT METHODS, OR PAYOUT METHODS; OR ATTEMPTING TO SCREEN YOUR INFORMATION AGAINST THIRD PARTY DATABASES. BUOY RESERVES THE RIGHT TO CLOSE, SUSPEND, OR LIMIT ACCESS TO THE PAYMENT SERVICES IN THE EVENT WE ARE UNABLE TO OBTAIN OR VERIFY ANY OF THIS INFORMATION.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE WEBSITE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. UNDER NO CIRCUMSTANCES SHALL BUOY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BUOY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT BUOY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU FOR ACCESSING AND USING THE WEBSITE, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUOY AND YOU.

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SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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Additionally, by using the Website, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of third parties will be limited to a claim against the particular third parties who caused You harm and You agree not to attempt to impose liability on or seek any legal remedy from Buoy with respect to such actions or omissions.

Your Contact with Advertisers

Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Website (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations, or warranties associated with such dealings or correspondence) are solely between You and such advertisers. Buoy makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that Buoy will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between You and such advertisers, (b) content, products, or services of such advertisers, or (c) the presence of such advertisers on the Website.

Indemnification

You agree to defend, indemnify and hold harmless Buoy, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's and accounting fees) arising from: (i) Your use of the Website; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Website. You must use Your best efforts to cooperate with Us in the defense of any such claim. We reserve the right, at Our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by You.

Controlling Law and Jurisdiction

By using the Website, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Buoy.

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You and We agree to submit to the personal jurisdiction of a state court located in Broward County, Fort Lauderdale, Florida or a United States District Court, Southern District of Florida located in Fort Lauderdale, Florida for any actions for which the parties seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

A. You and Buoy agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BUOY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both You and Buoy otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

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B. Arbitration Rules and Governing Law. With the exception of claims under $25,000 in value, any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

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C. You agree that any dispute, claim, or controversy under $25,000 in value arising out of or relating to these Terms, whether between You and Buoy or between You and other Users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered by Fairclaims (www.FairClaims.com) and not in a court of law, in accordance with FairClaims' procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

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D. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at https://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

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E. Arbitration Location and Procedure. Unless You and Buoy otherwise agree, the arbitration will be conducted in Fort Lauderdale, Florida, USA. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

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F. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If You prevail in arbitration, You will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Buoy will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

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G. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

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H. Limitation on Claims. YOU AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES. OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, by operation of law or otherwise, without Buoy's prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, shall be void. Buoy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Accessibility

Buoy is committed to ensuring digital accessibility for people with disabilities and is continually developing and improving the user experience for all digital users. Should You require any accommodation due to a disability to access the Buoy Website, the Website Content, or any of the products or services provided on or available through Buoy's Website, or should You otherwise need information or have concerns regarding Buoy Website's accessibility, please contact Us via https://buoy.rent/contact-us/ or by e-mail at hello@buoy.rent.

Agreement to Conduct Electronic Transaction

This AGREEMENT TO CONDUCT ELECTRONIC TRANSACTIONS (“Agreement”) applies to all Communications for those Contracts (including Policies), services and notices offered or accessible through Our Online Service. “Online Service” means the Buoy website and mobile applications, and associated links, services and Communications available through the website and mobile apps. We are required by law to provide certain disclosures to you before you enter into this transaction electronically. In addition, we need your consent to enter into this transaction before we can deliver, or authorize the delivery of, certain documents to you electronically. Please read this Agreement carefully before giving consent.

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DEFINITIONS

• “Communications” means all the information that We are required to provide to you by law, or as reasonably necessary to administer your Contract, which includes, but is not limited to, your online enrollment or application, declarations page, Policy, certificate, terms and conditions, responses to claims, transaction history, privacy policies, periodic billing statements, amendments, services, notices and disclosures about changes in the terms of your Contract.
• “Contract” means a Policy/certificate or any other product or service requested by you and provided by Us.
• “Policy” means a written contract of insurance, or written agreement effecting insurance, or the certificate thereof, and includes all clauses, riders or endorsements and declarations pages.
• “We”, “Us”, and “Our” means the company that issues your Contract, including Buoy Boat Holdings, LLC , an insurance company, or ad all of its subsidiaries, affiliates and agents.

SCOPE OF COMMUNICATIONS TO BE PROVIDED IN ELECTRONIC FORM

You agree that We may provide you with any Communication in electronic format, and that We may discontinue sending paper Communications to you (including, but not limited to, paper communications required to be sent via U.S. mail), unless and until you withdraw your consent as described below or at Our option upon notification by us to you. You further acknowledge that We may authorize an agent to deliver certain Communications to you on Our behalf, and perform other services to help facilitate the delivery of Communications to you.

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METHOD OF PROVIDING COMMUNICATIONS TO YOU IN ELECTRONIC FORM

All Communications that We provide to you in electronic form will be provided by one or more of the following methods (to the extent permissible by law): (1) via e-mail; (2) by access to a secure website that We will generally designate in advance for such purpose; or (3) via text message or mobile message service. With respect to text message and mobile messaging service communications, your carrier may 2 charge you a fee for receiving the message. We will provide a particular Communication in writing if required by law to do so.

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HOW TO WITHDRAW CONSENT

You may withdraw your consent to receive Communications that We provide to you in electronic form by e-mailing us at hello@Buoy.rent. At Our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however, your access and use of the Online Service may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after We have a reasonable period of time to process your withdrawal. Termination of your consent to conduct business electronically shall not affect legal enforceability of any Contract provided to you.

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HOW TO UPDATE YOUR RECORDS

It is your responsibility to provide Us with a true, accurate and complete e-mail address, contact, and other information related to this Agreement and your Contract, and to maintain and update promptly any changes in this information. You can update your information e-mailing us at hello@Buoy.rent. Please do not send confidential information to Us via traditional e-mail, as we cannot guarantee that the transmission will be secure.

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HARDWARE AND SOFTWARE RECOMMENDATIONS

In order to access, view and retain electronic Communications from Us, you must have:

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An up-to-date Internet browser to access your Communications; • Local, electronic storage capacity to retain Our Communications and/or a printer to print them;

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A valid e-mail account and software to access it; An up-to-date device or devices (e.g., computer, Smartphone, tablet, etc.) suitable for connecting to the Internet;

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Added the domain Buoy.rent to your e-mail account's list of safe senders;

Software that enables you to view files in Portable Document Format (“PDF”). You may be able to download the most recent version of Adobe Reader by clicking here. If you cannot download the most recent version of Adobe Reader, please call your manufacturer to find out how to download software that is functionally equivalent. REQUESTING PAPER COPIES When you consent to receive Communications electronically, you should not expect to receive a paper copy of any Communication, unless you request it, a paper or other written copy is required by law, or We otherwise deem it appropriate www.buoy.rent to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that We mail you a paper copy, provided that such 3 request is made within a reasonable time after We first provided the electronic Communication to you. To request a paper copy, you may do so by e-mailing Us at info@Buoy.rent. YOUR AGREEMENT AND CONSENT BY SELECTING “OPT-IN”, YOU ARE SIGNING THIS AGREEMENT ELECTRONICALLY, AND AGREE THAT: (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS DESCRIBED IN THIS AGREEMENT, AND CONSENT TO RECEIVE ALL COMMUNICATIONS ELECTRONICALLY ACCORDING TO THE PROCESS DESCRIBED ABOVE; (2) YOUR ELECTRONIC SIGNATURE (“E-SIGNATURE”) IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT AND ALL OTHER CONTRACTS AND OTHER DOCUMENTS REQUIRING YOUR SIGNATURE, AND NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR E-SIGNATURE; (3) YOU ARE ABLE TO ACCESS AND READ THIS AGREEMENT AND OTHER COMMUNICATIONS ELECTRONICALLY THROUGH OUR ONLINE SERVICE; (4) YOU ARE ABLE TO RECEIVE AND READ E-MAIL MESSAGES SENT TO YOUR E-MAIL ADDRESS OF RECORD; (5) YOU ARE ABLE TO PRINT OR OTHERWISE KEEP THIS AGREEMENT AND OTHER ELECTRONIC COMMUNICATIONS FOR YOUR OWN RECORDS; (6) YOU ARE PROVIDING YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, AND INTEND THAT THIS LAW APPLY TO YOUR TRANSACTIONS AND COMMUNICATIONS WITH US; AND (7) YOU CONSENT TO RECEIVE ALL COMMUNICATIONS FROM US ELECTRONICALLY DURING THE COURSE OF YOUR RELATIONSHIP WITH US, UNLESS AND UNTIL YOU WITHDRAW YOUR CONSENT IN THE MANNER DESCRIBED IN THIS AGREEMENT. PREAUTHORIZED RECURRING ELECTRONIC FUND TRANSFERS An electronically signed copy of this authorization will be provided to you for your records (FOR PAYMENT BY CREDIT/DEBIT CARD/BANK ACH) By my electronic signature below, I authorize Buoy Insurance Company to charge my credit or debit card for premium payments. I understand that my credit or debit information will be saved for future payment transactions. This authorization applies to any increase or decrease in premium that results from authorized and approved changes to this insurance policy. You may cancel this authorization at any time by contacting us. This authorization will remain in effect until canceled.

Buoy SMS Terms & Conditions

A. This program may send promotional marketing messages and new feature updates to Users who register an account and are opted in to receive marketing SMS through https://www.Buoy.rent. Message and data rates may apply. Message frequency varies. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.

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B. If You are experiencing issues with the messaging program You can reply with the keyword HELP for more assistance, or You can get help directly at hello@buoy.rent.

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C. You can cancel the SMS service at any time. Just text “STOP” to the short code. After You send the SMS message “STOP”, Buoy will send You an SMS message to confirm that You have been unsubscribed. After this, You will no longer receive SMS messages from Buoy. If You want to join again, You may adjust Your notification settings via Your Buoy account.

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D. Carriers are not liable for delayed or undelivered messages

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E. If You have any questions regarding privacy, please read Our Privacy Policy.

General

These Terms constitute the entire and exclusive understanding and agreement between Buoy and You regarding the Website and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Buoy and You regarding the foregoing. The failure of Buoy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Buoy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

International Use

Neither Buoy nor its affiliates make any representation that the Website or Content is appropriate or available for use in locations outside the United States. Those who choose to access the Website from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which You reside.

Contacting Buoy

If You have any questions or comments regarding these Terms and/or Our Privacy Policy, please send an e-mail to Customer Support at hello@buoy.rent.

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Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Buoy (i) via email (in each case to the address that You provide) or (ii) by posting to the Website (if permitted). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.