Terms
Table of contents
Overview
This website is operated by Overmoon. Throughout the site, the terms “we”, “us” and “our” refer to Overmoon. Overmoon offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.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.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
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 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 at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the service and prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Products or services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 products or 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 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 6 – 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 person, per household or per order. These restrictions may include orders placed by or under the same customer account, 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 store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.For more detail, please review our Returns Policy.
Section 7 – 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 8 – 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 of goods, 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 9 – 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 10 – Personal information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Section 11 – Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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 12 – 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 – Waiver and release of liability parties to this agreement.
The “Owner” of the rented equipment includes Overmoon, Inc. and all employees, officers, shareholders, agents, representatives, partners, lessors, insurers, assigns and other parties related thereto, and of Overmoon, Inc.. The “User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, successors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of the Owner.EXPRESS ASSUMPTION OF RISK. Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner.WAIVER/RELEASE OF LIABILITY. By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from any and all liability of any nature for any and all injury or damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Owner.Overmoon may recommend a third-party service provider to provide merchandise, services, and/or vehicles to Guest. Should Guest choose to use Overmoon for such recommendation, Overmoon will collect payment from Guest and remit same to the third-party service provider (“Service”). In no event will Overmoon, any of its partners, providers, affiliates, including their respective officers, directors, employees or representatives, be liable for any indirect, incidental, compensatory or punitive damages or damages resulting from the Service.You agree to indemnify, defend and hold harmless Overmoon, its service providers, and each of their subsidiaries, affiliates, officers, directors, shareholders, beneficiaries, members, partners, employees, consultants, attorneys and agents and their respective successors and assigns, if any, from and against all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees and costs) arising from or relating to your use of the Services. Recommendations of third-party vendors are at your own risk and Overmoon shall not be held responsible for any dissatisfaction from any merchandise, services, and/or vehicles. The decision to use any third-party service vendor is totally your own and is only a recommendation by Overmoon and holds no guarantees for satisfaction.Where Overmoon supplies Guest with any merchandise, services, and/or vehicles provided by a third party, Overmoon does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods, vehicles, or services. The Guest shall be required to seek compensation for any loss or damage suffered from such third party directly. For the avoidance of doubt, the Guest is deemed to be responsible for, and shall use their own skill and judgment as to the quality, value, and suitability of any such information and suggestions and in relation to deciding whether to enter into any contract with any third party for the supply of merchandise, services, and/or vehicles.LIABILITY TO THIRD PARTIES. Each undersigned hereby agrees that he/she will indemnify and hold harmless Owner for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, any other users of the rented equipment; operators and passengers of other watercraft; and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner, even if such damages arise out of the negligence or fault of Owner.MISCELLANEOUS. The provisions of this Release will prevail over any conflicting clauses in any rental agreement executed concurrently hereto. Any claims or disputes arising from this agreement shall be exclusively governed by and construed in accordance with the laws of the state of Florida. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled exclusively by arbitration in accordance with the rules of the American Arbitration Association then in effect. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This Agreement shall inure to the benefit of, and is binding upon, the parties hereto, and their respective heirs, representatives, successors and assigns. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.ACKNOWLEDGMENT OF POTENTIAL RAMIFICATIONS OF SIGNING THIS WAIVER AND RELEASE. Each undersigned states that he/she has had sufficient time to review this Release and to ask any questions associated with said Release. Each undersigned further states that he/she has carefully read the foregoing Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from any other rental facility, but has chosen to rent, operate, or use equipment from Owner with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Owner for Owner negligence.I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Section 14 – 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 15 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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, or when you cease using our site. 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 up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 16 – 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 or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 17 – Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
Section 18 – Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 19 – Contact information
Questions about the Terms of Service should be sent to us at support@overmoon.com.
