Terms and conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS,
A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND
REGULATIONS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website
or use any Services.
Last Updated: 06/27/2016
This website is operated by Portbnb. Throughout the Site, the terms "we", "us" and "our" refer to Portbnb. Portbnb offers this website, including all information, tools and Services available from this Site to you, the Member, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Portbnb provides an online platform that connects Owners who have Vessels to rent with Charterers seeking to rent such Vessels. The listings are available at www.portbnb.com (the "Site") and any other Applications for mobile, tablet and other smart devices and Application program interfaces (collectively, the "Application") and as any other websites through which Portbnb makes the Services available.
By using our Site, Application or Services you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), of the Services including those additional terms and conditions and policies referenced herein and/or available by hyperlink, whether or not you become a registered member. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
In certain areas of the Site, Application and Services (and your access to or use of certain aspects of the Services) may have different terms and conditions, standards, guidelines or policies posted or may require you to agree and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Applications or Services, the latter terms and conditions will take precedence with respect to your use of access to that area of the Site, Application or Services.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNER MAY CREATE LISTINGS FOR CHARTERS AND CHARTERERS MAY LEARN ABOUT AND BOOK CHARTERS DIRECTLY WITH THE OWNER. YOU UNDERSTAND AND AGREE THAT PORTBNB IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNER AND CHARTERERS, NOR IS PORTBNB A REAL ESTATE BROKER, AGENT OR INSURER. PORTBNB HAS NO CONTROL OVER THE CONDUCT OF OWNERS, CHARTERERS, CREW AND OTHER MEMBERS OF THE SITE, APPLICATION AND SERVICES OR ANY CHARTERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON PORTBNB, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH PORTBNB IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF PORTBNB FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF PORTBNB. PORTBNB DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING OR CHARTER, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF PORTBNB OR FOR THE BENEFIT OF PORTBNB, INCLUDING BY INAPPROPRIATELY USING ANY PORTBNB INTELLECTUAL PROPERTY.YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APPLICATION AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- "Charterer" means a Member who requests from an Owner a Charter of a Listing via the Site or Application, or a Member who books a Charter and is not the Owner for the associated Listing.
- "Charter" means the overall service provided by the Owner to the Charterer.
- "Charter Period" means the total duration of the Charter.
- "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- "Listing" means a Vessel that is listed by an Owner which is available for rental via the Site, Application and Services.
- "Member" means a person who completes Portbnb's account registration process, including but not limited to Owners and Charterers, as described under "Account Registration" below.
- "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Portbnb promotional campaign to be made available through the Site or Application.
- "Owner" means a Member who creates a Listing via the Site or Application and owns or administrates the Vessel.
- "User" means a person that uses the Site, Application or Services, weather being a Member or not.
SECTION 1 – ELIGIBILITY
The Site, Application and Services are intended solely for persons who are minimum 18 years-old. If the User belongs to a country where the age of majority is higher than 18, the User should be in full age for its country to participate in this Site. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years-old or older.
Please note that a breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to terminate your Services at our sole discretion without further explanation.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site, Application and Services is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site, Application and Services at any time, but we have no obligation to update any information on any of them. You agree that it is your responsibility to monitor changes to our Site, Application and Services.
SECTION 4 – HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application and Services can be used to facilitate the listing and booking of Charters. Such Charters are included in Listings on the Site, Application and Services by Owner. You may view Listings as an unregistered visitor to the Site, Application and Services; nevertheless, if you wish to book a Charter or create a Listing (or for other use) you must first sign up and become a Member.
Portbnb makes available an online platform or marketplace with related technology for Charterers and Owners to meet online and arrange for bookings of Charters directly with each other, including an agreement between them that shall be provided during the booking as a binding obligation exclusively between them. Please note that the commission of Portbnb is 15% of the total Charter Period.
Portbnb is not an Owner or operator of Vessels or other Charters, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, or other lodgings and Portbnb does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Charters or transportation or travel services. Unless explicitly specified otherwise in the Portbnb platform, Portbnb's responsibilities are limited to facilitating the availability of the Site, Application and Services.
PORTBNB CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CHARTERS. PORTBNB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CHARTERS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK. THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNER AND CHARTERERS CONNECTING AND BOOKING CHARTERS DIRECTLY WITH EACH OTHER.
SECTION 5 - NO ENDORSEMENT
Although we may ask you to provide more information, directly or through third parties, for transparency purposes and/or other purposes aimed to help verify the identities or background of the Members and/or screen Member information against third party databases or other sources, we DO NOT ENDORSE, CONFIRM OR MAKE ANY REPRESENTATIONS ABOUT ANY MEMBER OF MEMBERS SUPPOSED IDENTITY OR BACKGROUND.
We are not responsible for checking the identity of any members and we are not responsible for any harm or damage resulting from your interactions with other Members. All the information provided in the Site, Application and Services is intended to be useful for you to evaluate and make your own decisions regarding who you decide to contact or interact. We strictly recommend that you exercise due diligence and care when deciding to either book or accept a petition for booking.
You agree by using the Site, Application and Services, that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Portbnb with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
SECTION 6 - SERVICES
Portbnb does not endorse any Member, Listing or Accommodation. You understand that images are intended only to indicate a photographic representation of the Charter and Vessel at the time the photograph was taken. The images are therefore not an endorsement by Portbnb of any Member, Listing, Charter or Vessel.
We have made every effort to display as accurately as possible the colors and images of the Vessels and Charters that appear on our Site, Application and Services. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per Member, per household or per order. These restrictions may include orders placed by or under the same Member, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site, Services or Application. You agree to promptly update your account and other information, including but not limited to your email address, bank account information, credit card numbers (if needed) and expiration dates , so that we can complete your transactions and contact you if necessary.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ACCOUNT REGISTRATION
In order to access certain features of the Site, Application and Services you must sign up and become a Member. You may register to join the Services directly via the Site, Application or Services. You must complete all the information requested in them.
There may be other ways to register or sign up through certain third party social networking Sites, (including but not limited to Facebook; each third party account, a "Third-Party Account"). As part of the functionality of the Site, Application and Services, you may link your Portbnb Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Portbnb through the Site, Services or Application; or (ii) allowing Portbnb to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Portbnb and/or grant Portbnb access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Portbnb to pay any fees or making Portbnb subject to any usage limitations imposed by such Third-party service providers. By granting Portbnb access to any Third-Party Accounts, you understand that Portbnb will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Site, Services and Application via your Portbnb Account. Unless otherwise specified in these Terms, all content that you provide through your Third Party Account, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Portbnb Account on the Site, Services and Application. Given the case that the Third-Party Account or associated Services becomes unavailable, or Portbnb’s access to it has been denied or blocked, the Third-Party Content will no longer be available on and through the Site, Services and Application.
You may disable the connection between your Portbnb Account and your Third-Party Accounts, at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Portbnb makes no effort to review any Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Porbnb is not responsible for any Third-Party Content. The Content in your account is your exclusive responsibility and it will be based upon the information you provide or that we obtain through the Third-Party Account.That information should be accurate and complete and it is your responsibility to update it if there were to be any changes. It is forbidden to have more than one active account per person.
We reserve the right to suspend or terminate your Portbnb Account and your access to the Site, Application and Services at any time at our sole discretion, if we consider that you are acting in a fraudulent way or violate any of these Terms and Conditions.
You agree that you will not disclose your password to any third party. It is your responsibility to safeguard your password and you agree to be the sole responsible for any activities in your Account (whether or not you have authorized such activities or actions). You should immediately notify Portbnb of any unusual or unauthorized use of your Portbnb Account.
SECTION 13 – ACCOMMODATION LISTINGS
As a Member, you may create Listings for your Charters. To create a Listing, you will be asked a variety of questions about the Vessel to be listed, including, but not limited to, the location, capacity, size, features, flag, port of registry and availability of the Charter and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Vessels must have all valid permissions and insurances. It is your exclusive responsibility to have all the documentation needed. Therefore, you represent and warrant that any Listing you post and the booking of, or a Charterer's stay at, a Vessel in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Vessel included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Portbnb assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Portbnb reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Portbnb, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Owner and Charterer preferences, ratings and/or ease of booking.
Other Members will be able to book your Charter via the Site, Application and Services based upon the information provided in your Listing, your Charterer requirements, and Charterers' search parameters and preferences. You understand and agree that once a Charter is "On Hold, you may not request the Charterer to pay a higher price than in the booking request.
You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Charter at your request or invitation (Captain & Crew), excluding the Charterer and his Guests.
Portbnb recommends that Charterers obtain appropriate insurance for their trips.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site, Application or Services that contains typographical errors, inaccuracies or omissions in relation to Vessels and Charters descriptions, pricing, promotions, offers, availability, or any other content posted. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. At our sole discretion, we reserve the right to terminate your use of the Service, Application, Site or any related website if we consider that you are in some way violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site or Application will be uninterrupted, timely, secure or error-free.
In no case shall Portbnb, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, Application and Services , or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the Site and/or even if advised of their possibility.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Portbnb and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services through email. Please note that if your Portbnb Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due (if any).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, Application and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - MODIFICATION
Portbnb reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site or Application after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
SECTION 22 - NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Portbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application and/or Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
SECTION 23 – GOVERNING LAW AND JURISDICTION
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Florida, United States 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 in the Dispute Resolution provision below.
You and Portbnb agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Portbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Portbnb otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Portbnb otherwise agree, the arbitration will be conducted in Fort Lauderdale, Florida, United States. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Portbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorney's' fees and expenses, to the extent provided under applicable law. Portbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Portbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Portbnb changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Portbnb's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Portbnb in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
SECTION 24 – GENERAL
The failure of Portbnb to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Portbnb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
SECTION 25 – THIRD-PARTY BENEFICIARY
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks, wire transfers or any other payment method approved, are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
SECTION 26 –CONTACT INFORMATION
If you have any questions about these Terms or any App Store Sourced Application, please contact Portbnb by sending an email to email@example.com