Welcome to SOMD WaterSports – The #1 Water Sports company based in Solomons, MD
- ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using our Site, or booking or availing our services in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
- You are of sound mind and at least of such minimum legal age as per the laws of State of Maryland. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or make purchases on the Website. Additionally, in order to drive a Jet Ski, you must be at least 16 years in age possessing a photo ID (state ID, driver’s license, or passport).
- You must book our services only after reading all the instructions and guidelines mentioned on our website and in these Terms.
- We must not have previously disabled your account for violation of law or any of our policies.
- INSTRUCTIONS FOR BOOKING A JET SKI
As per the applicable laws of State of Maryland, while there is no prior experience required to ride a Jet Ski, there are some set of safety instructions that are required to be followed by the drivers as well as the passengers in order to avoid accidents and have a safer ride. You must follow and abide by all the following instructions to book and ride our Jet Ski:
- You must be at least 16 years or older in age with a photo ID (state ID, driver’s license, or passport). Anyone under 18 years will need to have a parent or legal guardian sign the legal documents on their behalf.
- You must be of sound mind, physically able to drive a Jet Ski, and otherwise competent to enter into contracts.
- You must not be suffering from any mental or physical inability that renders you unable to drive a Jet Ski safely.
- You must wear a life jacket at all times. We will provide you the life jacket.
- You must take an open-book quiz, regardless of your experience level.
- You don’t require a Boating License.
- You must follow any and all Instructions and Safety guidelines that are provided to you by SOMD WaterSports prior to going on the water. If you haven’t received one, please ask us for it.
- An aggregate weight limit of 352lb must not be exceeded while riding a Jet Ski (this includes you and the passenger, if any).
- You must wear a life jacket at all times. Life jackets are provided by SOMD WaterSports.
- You can take turns driving if a passenger meets requirements for driving a Jet Ski, as mentioned in Section 2(a) above.
- Passenger of any age can ride with a qualified driver.
- It’s recommended for all passengers to sit behind the driver. This is for the safety of the driver and passenger. We can work with you on this one and will discuss the best option for you and your passenger.
- ALWAYS wear a life jacket. We’ve got a ton of them, and we make sure that all of our jet skiers have a life jacket before they jet away.
- We’ll also ensure that it’s strapped on tight and fits you properly, as life jackets that are too big or too small won’t work as effectively.
- Maximum of two persons are allowed on a Jet Ski. An aggregate weight limit of 352lb must not be exceeded while riding a Jet Ski (this includes you and the driver). It is recommended to ride alone in case you are not an experienced rider.
SOMD WaterSports reserves the right to refuse providing you a Jet Ski, or to sit behind a driver, if you do not meet any of the above-mentioned requirements, or fail to follow any of the above rules or any other safety guidelines, or if you drive in a negligent or dangerous manner. In such cases, you shall not be entitled to a refund.
- USE OF THE SITE, YOUR RIGHTS AND RESPONSIBILITIES
- Allowed uses, your rights and responsibilities:
- Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
- Information: Whenever prompted, you must provide us with the correct, accurate and updated information.
- Material: For the purposes of these Terms, “material” shall mean any text, video, sound material, published on the Website, whether a copyright of SOMD WaterSports, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
- You cannot use our Site or purchase our services for the purpose of resale;
- You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
- republish material from this Website;
- sell, rent or sub-license material from the Website;
- show any material from the Website in public without our consent;
- edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
- redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
- We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
- You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.
Our Jet Skis, this Website, its logos, its content, designs, trademarks, trade dress, trade name, all of our services, shall remain the sole property of the SOMD WaterSports, and/or its licensors, as the case may be. Your use of or access to this Website or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to our Jet Skis (unless you purchase one) or this Website, services, any content, designs, published by us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the SOMD WaterSports and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the SOMD WaterSports.
- LINKS TO THIRD-PARTY SITES
- ORDERS, PAYMENTS AND TAXES
All orders are subject to acceptance and you agree to pay for the products and services that you purchase on our Website, and you authorize us or our third party payment service providers to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our products, services or discontinue any of the services, at any time at our sole discretion, without any prior notice. You can cancel your bookings for the rental at any time, subject to our Cancellation & Refund Policy posted on our website.
We accept the refund requests in certain circumstances. To understand this, please refer to our detailed Cancellation & Refund Policy available on our Website in order to understand when and how we process the refunds.
The Site, our Jet Skis, life jackets and all of our services, are provided on an “as-is” and “as available” basis, and SOMD WaterSports (and our directors, licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, speed, safety, accuracy, reliability, completeness, timeliness, performance, merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement of the same. We make no warranty that the Jet Skis or life jacket or Site or our services will meet your expectations, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, or safe. You are solely responsible for your own safety while riding a Jet Ski or while sitting behind a driver. You must follow and all safety instructions provided by us.
- To the maximum extent permitted by law, in no event shall SOMD WaterSports (or our employees, licensors or affiliates) be liable to you or any third party for any injury, sickness, falls, health issue, death, costs of procurement of substitute services, cost of procurement of health services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our Jet Skis or our services, or your inability to use or purchase from, the site, even if SOMD WaterSports has been advised of the possibility of such damages. Access to, and use of, the Site, our Jet Skis, life jackets, and our services is at your own discretion and risk, and you will be solely responsible for any damage to your health, or property.
- To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount paid by you to us in the last 6 (six) months. The existence of more than one claim will not enlarge this limit.
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of SOMD WaterSports or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
You acknowledge to defend, indemnify and hold SOMD WaterSports, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
- Your wrongful or improper use of our services or Jet Skis or life jackets;
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
- Your violation of these Terms or any other policy or guidelines of SOMD WaterSports as associated with our services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
- DMCA NOTICE/COPYRIGHT INFRINGEMENT
- Please notify us if you believe any of your intellectual property rights have been infringed on our Platform. Please file your copyright infringement claim with our DMCA Agent/Copyright Agent, namely Gregory Starks, at email@example.com for such complaints and claims.
- You are required to follow the below procedure to file a claim:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the copyrighted material that has infringed upon your copyright;
- Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
- Provide your physical and/or electronic signature;
- Send us a written communication to firstname.lastname@example.org;
- You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.
- GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of State of Maryland.
- Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate State or Federal courts locate in the Lusby, Maryland.
- Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND IMPERIUM EXPERIENCES ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND IMPERIUM EXPERIENCES, SHALL BE RESOLVED BY A JUDGE.
- Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
When you use the Website or send emails to SOMD WaterSports, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. SOMD WaterSports will communicate with you by email or phone or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address or phone number or SMS as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to email@example.com.
- Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
- Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
- Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to cancel your bookings, and/or stop you from availing any further services from us, at our sole discretion. In such case, you will not be refunded either.
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between SOMD WaterSports and you or any other party be deemed to modify any provision of these Terms.
- Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
- No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
- No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of SOMD WaterSports, which may be withheld at SOMD WaterSports’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
- Force Majeure: SOMD WaterSports, its employees, and its third party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
- GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
We welcome your questions or comments regarding the Terms. You can write to us via email: firstname.lastname@example.org.
Last updated on June 05, 2022.