Terms of Service

Welcome to mvboats.com (the “Site”), operated by MV Boats (“we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must not use the Site.

1. About MV Boats

MV Boats is an informational, referral, and booking facilitation service. We provide curated guidance to help visitors discover and book boat experiences on Martha’s Vineyard. We do not own, operate, captain, or manage any boats, vessels, or watercraft. We do not employ captains or crew. All boat experiences referenced on this Site are provided by independent, third-party operators (“Operators”).

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Site, submit inquiries, make bookings, or enter into any agreements through the Site. By using the Site, you represent and warrant that you meet these requirements.

3. No Operator Relationship

MV Boats acts solely as a guide, referral, and booking facilitation service. When we connect you with a local Operator:

• Any agreement, contract, or arrangement is between you and the Operator directly
• Payment, cancellation, refund, and rescheduling policies are established by the Operator (unless otherwise stated in your booking confirmation)
• Safety standards, vessel maintenance, insurance, licensing, and regulatory compliance are the sole responsibility of the Operator
• MV Boats is not a party to, and bears no liability for, any transaction between you and an Operator
• We do not guarantee the performance, conduct, or availability of any Operator

4. Bookings & Payments

a) Booking Process

Bookings made through the Site are facilitated by MV Boats on behalf of the relevant Operator. Upon completing a booking, you will receive a confirmation email with details of your reservation. A booking is not confirmed until you receive this confirmation and any required payment has been processed.

b) Pricing & Payment

All prices displayed on the Site are in US Dollars (USD) unless stated otherwise. Prices may change without notice. Payment is processed securely through Stripe, a PCI DSS Level 1 certified payment processor. We do not store your full credit card information on our servers.

c) Cancellations & Refunds

Cancellation and refund policies vary by Operator and experience. Details are provided during the booking process and in your confirmation email. Unless otherwise stated:

• Cancellations made more than 48 hours before the scheduled departure may be eligible for a full or partial refund
• Cancellations made within 48 hours of departure are generally non-refundable
• Weather-related cancellations by the Operator will be rescheduled or refunded at the Operator’s discretion
• No-shows are non-refundable

MV Boats will make reasonable efforts to assist with refund requests but ultimate refund decisions rest with the Operator and applicable payment processing terms.

d) Coupons & Promotional Offers

Coupons and promotional codes are subject to their stated terms and conditions, including expiration dates, usage limits, and eligible experiences. We reserve the right to void or revoke codes that are obtained or used fraudulently.

5. Assumption of Risk & Safety

Boating and water-based activities involve inherent risks, including but not limited to:

• Adverse weather and sea conditions
• Equipment failure or malfunction
• Risks associated with marine wildlife encounters
• Physical injury, drowning, or death
• Property damage or loss

By using information from this Site to participate in any boating activity, you acknowledge, understand, and voluntarily assume all risks associated with such activities. You agree that MV Boats shall not be held liable for any injuries, damages, losses, or death arising from your participation in any boat experience, whether or not facilitated through this Site.

Participants are responsible for assessing their own fitness for any activity, disclosing relevant medical conditions to the Operator, and following all safety instructions provided by the Operator and crew.

6. No Warranty or Guarantee

The Site and all content, services, and information provided through it are offered on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all implied warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content
• Warranties that the Site will be uninterrupted, error-free, or free of viruses or harmful components

We do not warrant or guarantee the quality, safety, legality, or availability of any Operator’s services or any experience listed on the Site.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MV BOATS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

1. Indirect, incidental, special, consequential, exemplary, or punitive damages
2. Loss of profits, revenue, data, goodwill, or other intangible losses
3. Damages arising from your use of or inability to use the Site
4. Damages arising from any boat experience or Operator interaction, whether or not facilitated through the Site
5. Damages resulting from unauthorized access to or alteration of your data
6. Any action or inaction of any Operator, service provider, or third party

In jurisdictions that do not allow the exclusion of certain warranties or limitation of liability, our liability shall be limited to the maximum extent permitted by law. In no event shall our total aggregate liability exceed the amount you paid to MV Boats (if any) in the twelve (12) months preceding the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless MV Boats, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

• Your use of or access to the Site
• Your violation of these Terms
• Your violation of any rights of any third party
• Your participation in any boat experience
• Any content you submit or transmit through the Site

9. Intellectual Property

All content on the Site — including but not limited to text, images, photographs, graphics, logos, icons, audio, video, software, design elements, and compilation of content — is the property of MV Boats or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not, without our prior written consent:

• Reproduce, distribute, modify, create derivative works from, publicly display, or perform any content from the Site
• Use any MV Boats trademarks, logos, or service marks for any purpose
• Frame, mirror, or use any content from the Site on any other website or platform

10. User Conduct

When using the Site and its features (including contact forms, reviews, booking, and account services), you agree not to:

• Provide false, misleading, or fraudulent information
• Impersonate any person or entity
• Use the Site for any unlawful or unauthorized purpose
• Attempt to interfere with the Site’s operation, security, or infrastructure
• Scrape, crawl, index, or otherwise harvest content from the Site by automated means without express written permission
• Submit reviews or testimonials that are false, defamatory, or violate the rights of others
• Transmit any malicious code, viruses, or other harmful technology
• Attempt to gain unauthorized access to any systems or accounts
• Use the Site to send unsolicited commercial messages (spam)

We reserve the right to suspend or terminate access for any user who violates these terms, without notice.

11. User-Generated Content

By submitting reviews, testimonials, or other content to the Site, you:

• Grant MV Boats a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, modify, and distribute such content in connection with the Site and our marketing efforts
• Represent that you are the author of the content and that it does not infringe any third-party rights
• Acknowledge that we may edit, remove, or refuse to publish any content at our sole discretion

12. Third-Party Links & Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by MV Boats. We do not endorse and are not responsible for the content, privacy policies, practices, or availability of any third-party sites. You access third-party links at your own risk and subject to the terms and policies of those third parties.

13. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

14. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, the parties agree to first attempt to resolve the matter informally by contacting us at [email protected]. If the dispute cannot be resolved informally within 30 days, either party may pursue formal resolution.

Any unresolved dispute shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Dukes County, Massachusetts, and you consent to the personal jurisdiction of such courts.

15. Class Action Waiver

To the extent permitted by applicable law, you agree that any disputes shall be resolved on an individual basis and that you waive any right to participate in a class action, collective action, or representative proceeding against MV Boats.

16. Force Majeure

MV Boats shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, weather events, natural disasters, pandemics, government actions, civil unrest, power or internet outages, or third-party service failures.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MV Boats regarding your use of the Site and supersede all prior or contemporaneous agreements, representations, and understandings.

19. Assignment & Transfer

MV Boats may assign, transfer, or delegate any of its rights and obligations under these Terms without notice, including in connection with a merger, acquisition, sale of assets, or any other change of control. You may not assign or transfer your rights under these Terms without our prior written consent.

20. Modifications to These Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated “Last updated” date and, where appropriate, communicated via email or a prominent notice on the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Site.

21. Contact Us

If you have questions about these Terms, contact us:

MV Boats
Email: [email protected]
Edgartown, Martha’s Vineyard, MA 02539
United States