TERMS AND CONDITIONS

Last updated October 12, 2026

AGREEMENT TO OUR LEGAL TERMS

We are SRQ Yacht Management, LLC ("Company," "we," "us," "our"), a company registered in Florida, United States at 601 Quay Commons, Sarasota, FL 34236.

We operate the website https://www.kokomocharters.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

SRQ Yacht Management, LLC is the contracting party for KokomoCharters.com and the website Terms & Conditions.

You can contact us by phone at 941-266-3776, email at Info@KokomoCharters.com, or by mail to 601 Quay Commons, Sarasota, FL 34236, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and SRQ Yacht Management, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. YACHT CHARTER BROKERAGE

Kokomo Charters is a luxury yacht charter brokerage representing privately owned vessels and coordinating charter-related services. Charter structure varies by yacht and experience. Standard day-charter bareboat yachts use independent captain selection through HireYourCaptain.com. Superstar, fishing charters, and multi-day charters are offered as full-service crewed experiences.

3. INCORPORATED CHARTER DOCUMENTS

These website Terms govern use of KokomoCharters.com and are incorporated into each reservation and charter transaction. Each charter may also be subject to additional agreements and documents, including without limitation a vessel charter agreement, captain agreement, HireYourCaptain confirmation, waiver and release, booking confirmation, payment authorization, cancellation policy, damage authorization, rules of conduct, and other trip-specific terms.

All such documents are intended to be read together and are incorporated by reference into the charter transaction. If a charter-specific document contains a term that is more specific than these general website Terms, the more specific charter document controls for that issue. Nothing in these website Terms limits any additional responsibility or obligation imposed by an applicable charter-specific agreement.

4. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: Info@KokomoCharters.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

5. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

6. AGE AND AUTHORITY TO CONTRACT

You must be at least 18 years old and legally capable of entering into a binding agreement to make a reservation, execute a charter agreement, or otherwise contract through KokomoCharters.com. By entering into any agreement, you represent that you are at least 18 years old and have the legal authority to bind yourself and, where applicable, the chartering party.

7. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa
- Mastercard
- American Express
- Discover
- PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

8. CANCELLATIONS, RESCHEDULING, AND REFUNDS

Cancellation, rescheduling, weather, mechanical, and refund terms vary by charter product and are provided in the applicable booking confirmation and incorporated charter documents. The policy applicable to the specific booking controls.

9. ESTIMATED CHARTER TOTAL

Prices displayed for standard day charters may be shown as an Estimated Charter Total that includes the vessel rental plus estimated captain/crew and fuel costs. These components may be shown separately during booking and are not necessarily final charges.

CAPTAIN / CREW DEPOSIT. For applicable standard day charters, a prepaid captain/crew amount is an estimate based on the normal expected cost of captain and crew services. It does not select, assign, or recommend a captain. The charterer independently selects and hires the captain through HireYourCaptain.com. If the selected captain's rate exceeds the prepaid estimate, the charterer remains responsible for the difference.

FUEL DEPOSIT. For applicable standard day charters, prepaid fuel is estimated at 10 gallons per charter hour. This is typically sufficient for normal coastal cruising. Faster cruising, longer-distance itineraries, or other higher-consumption operation may result in additional fuel charges after the charter based on actual usage.

PASS-THROUGH FUNDS. Kokomo may collect estimated captain/crew and fuel deposits for convenience and hold those funds for pass-through to the engaged captain/crew or to the vessel owner for fuel reimbursement, as applicable. Kokomo does not retain a portion of those pass-through deposits as charter revenue.

10. CARD ON FILE AND AUTHORIZATION TO CHARGE

By providing a credit or debit card in connection with a booking, the primary charterer authorizes SRQ Yacht Management, LLC and its payment processor to retain that payment method on file and to charge amounts that become due under the booking, these Terms, or any incorporated charter document. This includes, without limitation, unpaid balances, approved add-on services, fuel overages, captain/crew cost differences, damage, loss, replacement, restoration, excessive cleaning, late charges, collection costs, and other amounts properly due.

A security deposit, preauthorization, or damage hold may be required for some charters. The absence of a deposit or hold does not waive or limit the charterer's financial responsibility.

11. SECURITY DEPOSIT OR CARD HOLD DOES NOT LIMIT LIABILITY

Any security deposit, damage deposit, credit-card hold, preauthorization, or similar amount is security only and is not a limitation on the charterer's liability. The primary charterer remains fully responsible for all amounts due for damage, loss, replacement, restoration, excessive cleaning, or other charges caused by the charterer or the charterer's guests, even when those amounts exceed any deposit, hold, preauthorization, or other amount previously collected.

12. DAMAGE, LOSS, STAINING, AND EXCESSIVE CLEANING

The primary charterer is financially responsible for damage, loss, staining, contamination, or excessive cleaning caused by the charterer or any guest during the charter, beyond normal wear and tear. This includes the vessel, furnishings, fixtures, equipment, electronics, water toys, upholstery, cushions, linens, flooring, glassware, galley items, and other onboard property.

Examples include, without limitation, damage or staining caused by food, beverages, red wine, sunscreen, tanning oils, bronzers, glitter, shimmer products, smoking or vaping, footwear, misuse of equipment, negligent conduct, reckless conduct, or intentional acts.

The charterer may be charged for inspection, cleaning, repair, restoration, replacement, labor, haul-out, transportation, professional services, and other reasonable costs associated with restoring the vessel or property. Any deposit or card hold is not the charterer's maximum exposure.

13. PAYMENT DISPUTES, CHARGEBACKS, AND COLLECTIONS

The charterer agrees to contact Kokomo promptly regarding any disputed charge and provide a reasonable opportunity to investigate and resolve the matter before initiating a chargeback. Amounts validly due under the booking, these Terms, or incorporated charter documents remain payable notwithstanding any security deposit, preauthorization, or card hold.

If a chargeback is initiated for a validly owed charge, SRQ Yacht Management, LLC may submit booking records, signed agreements, payment authorizations, captain-selection records, trip records, photographs, repair invoices, fuel records, communications, and other supporting documentation to the payment processor or financial institution.

The charterer is responsible for reasonable collection costs, administrative costs, court costs, arbitration costs, and attorney's fees incurred to recover unpaid amounts.

14. INDEPENDENT CAPTAIN SELECTION FOR STANDARD DAY CHARTERS

For applicable standard day-charter bareboat yachts, the charterer is responsible for independently selecting and hiring a qualified captain. HireYourCaptain.com provides captain information, availability, ratings, and a selection process. The charterer may select from eligible captains displayed through the platform or submit another qualified captain for review under the vessel's insurance requirements. Captain availability is managed by the captains through HireYourCaptain.com. Captains engaged through this process are independent contractors hired by the charterer and are not employees of Kokomo or the vessel owner.

15. FULL-SERVICE CHARTERS

Certain products, including Superstar, private fishing charters, and overnight / multi-day yacht charters, are offered as full-service crewed experiences. For these products, captain and crew are coordinated as part of the charter experience and the independent HireYourCaptain selection process does not apply unless specifically stated in the booking.

16. GUEST CAPACITY

Guest capacity varies by vessel and charter product. For applicable standard bareboat day charters, the group may consist of the primary charterer plus up to 12 additional guests, for a maximum group of 13, subject to the vessel's stated capacity. Other charter products may have lower limits. The capacity shown for the selected yacht or experience controls.

17. ITINERARY

For standard private charters, the charterer determines the desired itinerary and goals for the day. Kokomo may provide recommendations and help coordinate the experience. All itineraries remain subject to weather, sea conditions, vessel capabilities, marina or waterway restrictions, and the captain's authority and responsibility for safe navigation and operation.

18. SAFETY AND CAPTAIN AUTHORITY

All guests must comply with lawful safety instructions from the captain and crew. The captain has final authority over navigation, vessel operation, route changes required for safety, weather decisions, unsafe conduct, and whether the vessel may safely continue or depart. A captain may modify, delay, return, or terminate a trip when reasonably necessary for safety or legal compliance.

19. GUEST CONDUCT

The primary charterer is responsible for the conduct of the charterer's guests. Guests must behave responsibly and avoid conduct that endangers people, property, the vessel, or the environment.

ALCOHOL. Where alcohol is permitted, guests must comply with applicable law and consume responsibly. Alcohol may not be provided to or consumed by anyone under the legal drinking age. The captain or crew may restrict or stop alcohol consumption when reasonably necessary for safety. Excessive intoxication, dangerous behavior, harassment, or refusal to follow safety instructions may result in early termination of the charter.

PROHIBITED ITEMS. Smoking, vaping, cigars, pipes, and open-flame smoking products are prohibited aboard Kokomo yachts unless a specific written exception is provided. Guests should not bring products likely to damage or permanently stain yacht surfaces, including red wine, tanning oils, bronzers, glitter, shimmer products, and spray sunscreen unless expressly permitted.

20. ILLEGAL DRUGS, CONTRABAND, AND UNLAWFUL ACTIVITY

Illegal drugs, controlled substances possessed or used unlawfully, contraband, weapons prohibited by law, and unlawful activity are strictly prohibited aboard any vessel or in connection with any Kokomo charter. The charterer and guests must comply with all applicable federal, state, and local laws and lawful instructions of the captain and crew.

The captain, vessel owner, or Kokomo may immediately refuse, suspend, or terminate a charter if illegal drugs, contraband, unsafe conduct, criminal activity, threats, violence, or other unlawful activity is suspected or observed. Any such termination may occur without refund as provided in the applicable charter documents.

21. WATER ACTIVITIES

Swimming, snorkeling, paddleboards, kayaks, floating mats, tenders, personal watercraft, fishing, and other activities involve inherent risks. Participation is voluntary and subject to the applicable waiver and release, captain instructions, weather, vessel capabilities, and safety requirements. The separate liability waiver is incorporated into the charter transaction and is not replaced by these website Terms.

22. PERSONAL PROPERTY

Guests are responsible for personal belongings brought aboard. Kokomo, vessel owners, captains, and crew are not responsible for lost, damaged, or unattended personal property except where liability cannot legally be excluded.

23. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

24. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content.

25. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

26. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

27. THIRD-PARTY SERVICES

HireYourCaptain.com may be used as an independent platform for captain qualification, availability, profiles, ratings, and charterer captain selection. Use of HireYourCaptain may also be subject to its own terms and policies. Catering providers, marinas, transportation providers, restaurants, and other third-party services may also have separate terms and fees.

28. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

29. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.kokomocharters.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

30. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

31. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

32. GOVERNING LAW, VENUE, AND ARBITRATION

GOVERNING LAW. These Terms, each booking, and all incorporated charter documents are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

VENUE. Any court proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in Sarasota County, Florida.

BINDING ARBITRATION. Except for claims properly brought in small claims court or claims seeking temporary or injunctive relief, any dispute, claim, or controversy arising out of or relating to these Terms, the website, a booking, payment, charter, or any incorporated charter document shall be resolved by binding arbitration in Sarasota County, Florida. The arbitrator may award any relief available under applicable law and these agreements.

33. ATTORNEY'S FEES AND COSTS

The prevailing party in any arbitration, action, or proceeding arising out of or relating to these Terms, a booking, payment, charter, or incorporated charter document is entitled to recover reasonable attorney's fees and costs, including fees and costs incurred in arbitration, litigation, collection, appeal, and enforcement of any judgment or award.

34. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

35. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

36. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

37. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

38. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

39. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

40. SMS TEXT MESSAGING

Program Description

By opting into any Kokomo Charters text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Kokomo Charters text messages may include: responses to inquiries.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at Info@KokomoCharters.com or call at 941-266-3776.

41. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

42. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

43. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

SRQ Yacht Management, LLC
601 Quay Commons
Sarasota, FL 34236
United States
Phone: 941-266-3776
info@kokomocharters.com