TRIPYACHT.COM
WEBSITE – TERMS OF SERVCE

Last Updated: August 4, 2021

BY ACCEPTING THESE TERMS OF SERVICE OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SERVICES.

THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SERVICES, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. PLEASE READ THE "DISPUTE RESOLUTION" SECTION (SECTION 17) IN ITS ENTIRETY.

YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE. MAKE SURE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.

Urove LLC, a Delaware limited liability company doing business as (“we” or “our”) is pleased to provide you access to the services described below in Section 1 (collectively, our "Services") through its website, Tripyacht.com. These Terms of Service ("Terms") apply to your purchase, access to, and use of, any Services immediately upon visiting any Tripyacht.com website, mobile application, or platform.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Tripyacht for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.

Tripyacht reserves the right to change or modify these Terms on a going-forward basis at any time and in our sole discretion. If Tripyacht makes changes to these Terms, we will provide notice of such changes as appropriate, such as by posting the updated Terms on our website, or by sending an email notification to the address you’ve provided and/or notice through the Services.

Your continued use of the Services will confirm your acceptance of the revised Terms and the most current version posted on our website. If you do not agree to the revised Terms, you must stop using the Services and delete your account. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

1. Tripyacht Services

In simple terms, Tripyacht provides an online platform through its website, Tripyacht.com that permits yacht owners to list their yachts for hire to eligible individual(s) and collect fees in connection with the yacht rental, (collectively, the "Services").

In order to provide these Services, we must collect and use your personal data as described in our Privacy Policy, which is available at https://tripyacht.com/privacy-policy.

2. Eligibility; Registration and Account

The Services are intended solely for users who are eighteen (18) years old or older. Any registration for or use of the Services by anyone under the age of eighteen (18) years is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms, (e) are eighteen years of age or older, and (f) have not previously had your right to use the Services suspended or terminated. Eligibility to rent a yacht from a Yacht Owner through our platform may be further conditioned by the specific terms and conditions between you and the Yacht Owner.

To access and use certain features of the Services, you may be required to register for an account with us. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to us at support@tripyacht.com if you discover or otherwise suspect any security breaches related to the Services. Your account may undergo a verification procedure by Tripyacht or its associates.

You must notify Tripyacht of any loss, theft, or fraudulent use of your identifier and/or password, or any fraudulent activity on your account, at which point Tripyacht may suspend the use of your account for security reasons.

3. Equipment; Software; and Updates

Certain equipment and software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.

We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate agreements, laws, regulations, or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.

4. Your Use of the Services and Content

4.1 Content and Software License. Except as otherwise agreed upon, if we enable the use of software, content, virtual items or other materials owned or licensed by us ("Software and Content"), we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by Tripyacht or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

4.2 Third Party Content. Your use of services, applications, or content provided by third parties ("Third Party Content") made available through the Services may be subject to additional end user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. Tripyacht has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall Tripyacht be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.

If you are not presented with an end user license agreement when you acquire Third Party Content, the following license terms apply to your use of such Third Party Content: (a) the third party providing the Third Party Content (and not Tripyacht) is the licensor of such Third Party Content; (b) such party grants you a limited, nontransferable license to access and use the Third Party Content only for your personal and noncommercial purposes; and (c) you may not modify, decompile or disassemble the Third Party Content in whole or in part, or create any derivative works from or sublicense any rights in or to the Third Party Content, unless otherwise expressly authorized by the third party or as permitted under applicable law.

4.3 Trial Access to Services. We may offer free trials or other limited versions of Services so you can preview Services before you purchase the full version. These versions may have limited features, restrict permitted time of use and contain other limitations.

4.4 Availability of Services after Purchase; Updates. Some Services may rely on services provided by third parties for some or all of its functionality. Such Services may not function properly or may become inoperable if these third parties discontinue their services.

4.5 Support. Tripyacht will be responsible for all questions related to the purchase of Services and for support with respect to the Tripyacht.com platform. Tripyacht has no obligation to provide support for Third Party Content. Please contact us at support@tripyacht.com for assistance.

4.6 Availability. The Services and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.

4.7 Network Costs. You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.

5. Obtaining Services

5.1 Obtaining Services from Tripyacht. You may only obtain Services for your personal use unless otherwise expressly permitted in these Terms. You may not obtain Services from Tripyacht for commercial use or resale. When obtaining Services, you will be required to provide us with information, such as your address and payment information. You represent and warrant that all such information is accurate, and you will ensure that such information is kept current. Tripyacht will have no responsibility or liability for inaccurate information or information that later becomes outdated, and Tripyacht will have no obligation to make efforts to determine the correct contact or payment information.

5.2 Our Right to Reject Your Request. We reserve the right to decline or reject your request to obtain Services at any time. If this occurs, we will attempt to notify you. Some reasons for rejection can include: (a) we are unable to supply you with Service; (b) you do not live in a country or region from which the Services may be obtained; or (c) we suspect fraud.

5.3 Errors. We attempt to be as accurate as possible and to eliminate errors in relation to our Services, however, we do not represent or warrant that any Service descriptions or payment information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your status accordingly (which includes payment to you). If we discover a pricing or other material error related to a Service that has yet to be provided, we will contact you to inform you of this error. If we are unable to contact you using the contact details you provided during registration, we will treat the request as cancelled.

5.4 Account. You may be required to be a registered user in order to use the Services. You are responsible for all charges incurred in connection with your account. Most charges are collected in advance. However, if there are additional charges or unpaid charges, Tripyacht may attempt to collect such additional or unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Tripyacht reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Tripyacht will allow you to register again.

5.5 Pricing and Payment. We may use various forms of payment, including credit and debit cards, and payments made through Stripe and other third-party payment services. Additional terms with your payment provider may apply, including fees for use of the service. By creating your account, you acknowledge that we are authorized to use the designated payment method and you authorize us to make payments to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your Services. You are responsible for resolving any problems we encounter in order to proceed with your payment. We reserve the right to refuse or cancel your Services at any time and in our sole discretion.

5.6 Taxes. If your use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services and the payments you receive.

6. Acceptable Use

By accessing or using the Services, you agree that you will not: (a) access or use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Services, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the Services in any manner; (c) access or use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other terms or policies provided in connection with the Services; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Services; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Services or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services, or third parties; or (h) infringe upon or violate the rights of Tripyacht, our users or any third party.

7. User Content

Our Services may include interactive features and areas where you may submit, post, upload, publish, email, send, otherwise transmit, or interact with content, including, but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, "User Content"). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. If you use content covered by intellectual property rights that we have made available through our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Tripyacht), we retain all rights to that content (but not yours). By submitting User Content through the Services, you grant Tripyacht a worldwide, non-exclusive, transferable, royalty-free, and fully sublicensable (i.e., we can grant this right to others) right to use, copy, display, store, adapt, publicly perform, and distribute such User Content. This right ends when you delete your User Content or your account unless your User Content has been shared with others, or us, and we have not deleted it. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.

You are solely responsible for the User Content you make available through the Services and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to Tripyacht the rights specified in this section; and (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations.

Tripyacht does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Tripyacht has no responsibility or liability for User Content made available through the Services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.

8. Privacy Policy

Our Privacy Policy, which is available at https://tripyacht.com/privacy-policy sets forth how we treat data, including how we collect, use and disclose personally identifiable information.

In addition, certain third parties (such as developers of Third Party Content and the manufacturers of your computer, mobile phone or other devices) may collect information about you when you use the Services. These third parties have their own privacy policies and will treat the information they collect about you according to their policies. We encourage you to review these privacy policies before providing any information to third parties. We are not responsible for the accuracy of any third party’s privacy policy or for ensuring that third parties comply with their privacy policies.

9. Additional Terms

These Terms are in addition to, and do not replace or change, any other agreements you enter into with Tripyacht, which may include but are not limited to customer terms and conditions, event agreements, membership agreements, and the like. In addition, if you purchase physical goods from Tripyacht, other terms of sale or promotion may apply from time to time.

Your purchase and use of Third Party Content may be subject to additional terms, including but not limited to third-party end user agreements, and privacy policies. We encourage you to review any third-party agreements and policies carefully before accessing, downloading or using Third Party Content.

10. Ownership and Intellectual Property

Unless otherwise indicated, the Services are the property of Tripyacht or our licensors and are protected by copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

“Tripyacht Marks” are those fictitious business names, service marks, trademarks or registered and unregistered trademarks of Tripyacht. The Tripyacht Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, except as authorized by us in writing and using any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.

11. Feedback

Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Tripyacht and our Services (collectively, "Feedback"). You agree that Tripyacht and its affiliates shall own and be able to use the Feedback in any way it may choose without any obligation to you.

12. Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent atlegal@tripyacht.com.

Please see 17 U.S.C. §512(c)(3) (available at https://www.copyright.gov/title17/92chap5.html) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

13. Hyperlinks

You are granted a limited, non-exclusive right to create text hyperlinks to our websites for noncommercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission.

The Services may contain links to third-party websites, applications or other third-party services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content, products or services made available through such properties. We do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you should also be aware that such third parties’ terms and privacy policies will govern.

14. Disclaimers

14.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND TRIPYACHT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TRIPYACHT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN ADDITION, TRIPYACHT DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY TRIPYACHT WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRIPYACHT OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

15. Indemnification

You agree to defend, indemnify and hold harmless Tripyacht and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees, attorneys, and agents (collectively, "Tripyacht Parties") from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of, or related to (a) your use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Tripyacht or a third party in relation to the Services; (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide. This Section does not limit any other indemnity given by the Client to TripYacht under this Agreement or other agreements. It is agreed and understood that the Tripyacht may control the defense of any such claim.

16. 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 SERVICES AND COLLECTIVE CONTENT, THE LISTING OR BOOKING OF AND USE OF ANY YACHTS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.

THE TRIPYACHT PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRIPYACHT PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIPYACHT AND YOU. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

17. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED SMALL CLAIMS) WITH TRIPYACHT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TRIPYACHT (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).

17.1 Tripyacht.com is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you have. If we are unsuccessful, you may pursue a claim against Tripyacht.com as explained in this Disputes provision. This Disputes provision lays out: (1) the initial process you must follow by reporting your claim to Tripyacht.com prior to filing any arbitration or law suit in accordance with this Disputes provision; and, if we are unable to resolve your claim, (2) the recourse that you have to arbitration.

17.2 To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of the State of California, U.S.A without regard to its conflict of law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District Court, Southern District of California located in Los Angeles, California for any actions for which the parties retain 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, as set forth herein.

17.3 By using this Website, you agree that any and all disputes arising out of or relating to your use of this Website, or other services provided by Tripyacht.com or the support companies in connection with your use of this Website (including the interpretation and scope of this clause and the arbitrability of the dispute), will be resolved via mandatory, binding arbitration, except for actions that seek injunctive or equitable relief as set forth above.

17.4 Nothing in this Dispute Resolution provision shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this Disputes provision give you the right to pursue any claim for relief that is not cognizable under the law.

17.5 If any provision of these Terms of Service is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

17.6 Prior to initiating arbitration, as discussed further below, you must give us an opportunity to resolve any complaints you have relating to your use of the Tripyacht.com website, any dealings with our customer service agents, any services or products provided, or our Privacy Policy by submitting them to legal@tripyacht.com (the “Internal Review Procedure”).

17.7 Your email to legal@tripyacht.com beginning the Internal Review Procedure must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) your reservation number, (5) the date of your reservation, (6) the name of the Yacht that you reserved, (7) a brief description of the nature of your complaint, and (8) the resolution that you are seeking (together, the “Required Information”). Additionally, the subject line of your email must state, “Request Under Disputes Provision.” If your email does not have this subject line, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then you have not effectively begun the Internal Review Procedure, which you must do before initiating any arbitration or other legal action against Tripyacht.com. If we are not able to resolve your complaint within 60 days of your starting the Internal Review Procedure, you may seek relief as laid out in this Disputes provision.

17.8 Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Tripyacht.com will select an alternative arbitral forum, and that you will agree in writing to administration of the arbitration by the alternative arbitral forum selected by Tripyacht.com.

17.9 In order to initiate arbitration, you and Tripyacht.com each will be responsible for paying the filing fees required by the AAA. Arbitration will be conducted in accordance with the AAA’s rules. If there is a conflict between the AAA’s rules and this Disputes provision, the terms of this Disputes provision will govern. The commercial rules are available online athttps://www.imsif.com/files/Commercial_Rules.pdf or by calling the AAA. If the AAA is unable or unwilling to administer the arbitration for any reason, then arbitration will proceed in a substantially similar fashion as it would under the AAA’s rules.

17.10 The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. You agree that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. Tripyacht.com will ordinarily request that the hearing be held in Los Angeles, California. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any Tripyacht.com employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence will not be required.

17.11 Arbitration will be subject to and this agreement to arbitrate is made under and will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice-of-law principles that provide for the application of the law of another jurisdiction.

17.12 The arbitration will be confidential, and neither you nor Tripyacht.com may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

17.13 Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly about that booking among you, Tripyacht.com, and the accommodation(s) that are the subject of your dispute with Tripyacht.com. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.

17.14 The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. There will be no right or authority for any Claims to be arbitrated on a class action basis. You understand and agree that, by accepting these terms and conditions, you and Tripyacht.com are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision.

17.15 You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury. The arbitration procedures mandated by this Disputes provision are simpler and more limited than the procedures applicable in most courts. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

17.16 All claims you bring against Tripyacht.com must be resolved in accordance with this Dispute Resolution provision. All claims filed or brought contrary to this Disputes provision, including claims not first submitted through the Internal Review Procedure, will be considered improperly filed and void. Should you file a claim contrary to this Disputes provision, Tripyacht.com will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to comply with the terms and conditions contained herein, you shall reimburse Tripyacht.com for all costs and expenses incurred to enforce the provisions herein.

18. Governing Law

18.1 The laws of the State of California, excluding its conflicts of law rules, govern your access to and use of the Services. Your access to and use of the Services may also be subject to other local, state, national or international laws.

18.2 To the extent the provisions in Section 18 do not apply, you further agree that all disputes, causes of action, claims, or controversies arising under these Terms that cannot be settled through informal negotiation will be resolved exclusively in the United States District Court for the Northern District of California or a state court located in the County of San Francisco, California, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims to the extent allowed by law. The courts in some countries may not apply California law to some types of disputes or allow you to consent to jurisdiction in California. If you reside in one of those countries, your country's laws will apply to such disputes related to the Services.

19. Modifications to the Services

Tripyacht reserves the right to change, modify, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Tripyacht be liable for the removal of or disabling of access to any portion or feature of the Services.

20. Termination

We reserve the right to terminate your right to access and use the Services at any time, for any reason, in our sole discretion.

21. Severability

If any provision of these Terms is to be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

22. Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Tripyacht, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

23. Nonwaiver

Any failure by Tripyacht to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.

24. Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us atsupport@tripyacht.com or write to us at: Urove, LLC, 5101 Santa Monica Blvd Ste 8 PMB 452, Los Angeles, CA 90029(213) 372-0673