TERMS OF SERVICE

 

You agree that by clicking “Sign up”, registering, accessing, or otherwise using our Services you are entering into a legally binding contract with Lake Hop, Inc., a Delaware corporation (hereafter referred to as “Lake Hop”, “we”, “us”, or “our”). If you do not agree to these Terms of Service (“Terms”) do not click “Sign up” and do not access or otherwise use any of the Services. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services.

Whether or not you become a registered user of the Services you agree to comply with and be legally bound by these Terms. These Terms govern your access to and use of the Services and all Collective Content. These Terms constitute a binding legal agreement between you and us.

Lake Hop provides an online platform that connects Boat Owners with Renters seeking to rent such Boats from Owners, which platform is accessible at https://www.golakehop.com and any other websites or mobile applications through which we make the platform available (collectively, the “Site” with any other websites, applications, features, software or services provided, owned, or operated by Lake Hop that link to these Terms are, collectively, the “Services”).

Your use of our Services is also subject to our Privacy Policy, which is hereby incorporated by reference. You agree that you will comply with all written rules, agreements, and policies that are made available by Lake Hop on the Services and which are incorporated herein by reference.

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

When using or opening an account with us on behalf of a company, entity, or organization, you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) agree to these Terms on behalf of such entity.

We reserve the right, at our sole discretion, to modify the Services or to modify these Terms, including any fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

YOU UNDERSTAND AND AGREE THAT LAKE HOP IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS LAKE HOP A BOAT BROKER, AGENT, OR INSURER. LAKE HOP HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS, AND OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR ANY BOATS, AND DISCLAIMS ALL LIABILITY RELATED THEREWITH.

Definitions

“Bareboat Rental” means a rental of a Boat supported by an agreement by and between the Boat Owner and the Renter of the Boat whereby the Boat Owner transfers “the incidents of ownership” including but not limited to full possession, control, and use of the Boat to Renter and Renter is responsible for all aspects of the Boat during the Bareboat Rental including manning , provisioning, and otherwise. A Boat rented pursuant to a Bareboat Rental requires the Renter to comply with all applicable coast guard, local, state and federal laws for the specific type of operation of the Boat as well as these Terms.

“Boat(s)” means marine vessel, including without limitation, powerboats, pontoons, sailboats, ski boats, yachts, houseboats, personal watercraft, and kayaks.

“Collective Content” means Member Content and Lake Hop Content.

“Content” means messages, text, postings, files, graphics, images, music, software, audio, video, information, and any other content or materials.

“Lake Hop Content” means all Content we make available through the Services, including any Content licensed from a third party, but excluding Member Content.

“Listing” means a Boat that is listed by an Owner as available for rent via the Services.

“Member” means a person who completes our account registration process, including, without limitation, Owners and Renters.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Services.

“Owner” means a person who creates and manages a Listing via the Services, is responsible for approving rentals, checking in or out a Renter, or responding to messages on the Site. The Owner does not have to be the Boat Owner, but will need to be appointed and approved by the Boat Owner.

“Renter” means a Member who requests a booking of a Boat via the Services, or a Member who uses a Boat and is not the Owner of such Boat. For the avoidance of doubt, Renter also includes any guest of the Renter, whether or not known by Lake Hop or the Owner prior to use of any Boat or the Services.

“Rideshare” means a rental of a Boat supported by an agreement by and between the Boat Owner and the Renter whereby the Boat Owner makes the Boat available to the Renter and the Renter delegates the Owner with operating the Boat including, without limitation, manning and provisioning the Boat for no additional fees. An Owner of a Boat rented pursuant to a Rideshare must ensure compliance with all applicable coast guard, local, state and federal laws for the specific type of operation of the Boat as well as these Terms.

“Tax(es)” means any sales taxes, goods and services taxes (GST), value added tax (VAT), and any other applicable or similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

The Services

Subject to these Terms, the Services may be used to facilitate a Listing and the booking of Boats by a Renter. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Boat or create a Listing, you must first register and create a Lake Hop Account. We only make a platform or marketplace for Renters and Owners to meet online and arrange for bookings of Boats. Lake Hop is not an Owner or operator of any Boat nor is it a provider of any Boat. Lake Hop does not own, sell, resell, furnish, provide, rent, re-rent, lease, manage, or control any Boat. Lake Hop’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the sole purpose of accepting payments from Renters on behalf of the Owner.

THE SERVICES ARE ONLY INTENDED TO BE USED TO FACILITATE THE BOOKING OF BOATS. LAKE HOP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS. LAKE HOP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK. LAKE HOP DOES NOT INSURE ANY BOAT NOR MEMBER NOR VERIFY THAT ANY MEMBER HAS PROCURED OR MAINTAINS SUFFICIENT INSURANCE.

Making, Maintaining, and Protecting Your Lake Hop Account

In order to access certain features of the Services, such as booking a Boat or creating a Listing, you must register and create an account on our Site and become a Member (“Lake Hop Account”). You may not have more than one (1) Lake Hop Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Lake Hop Account and your access to the Services if you create more than one (1) Lake Hop Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. Unless expressly permitted in writing by us, you may not sell, rent, lease or otherwise transfer your Lake Hop Account.

You are responsible for safeguarding your password. You may not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Lake Hop Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Lake Hop Account.

Listings

Lake Hop does not currently charge fees for the creation of Listings.

As a Member, you may create Listings. You will be asked a variety of questions about the Boat to be listed, including, but not limited to, the Boat type (e.g., Wake Boat, Pontoon, Cabin Cruiser, Ski Boat, Deck Boat, Jet Boat, Personal Watercraft, Bow Rider Boat, House Boat), make and model, value, location, size, features, availability of the Boat, pricing, Security Deposit, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Boat via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without the approval of Lake Hop, which may be requested by contacting customer service (support@golakehop.com).

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Boat, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Boat.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat 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, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations (e.g., licensing requirements), zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. We assume no responsibility for an Owner’s compliance with any applicable laws, rules, and regulations. We reserve the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

We do not endorse any Members or Boats. Although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by these Terms, we will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Services, you agree 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 and you agree not to attempt to impose liability on, or seek any legal remedy from Lake Hop with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Lake Hop regarding the remittance of payments received from a Renter by Lake Hop on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

You understand and agree that Lake Hop does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and uses your Boat, any agreement you enter into with such Renter is between you and the Renter and Lake Hop is not a party to such agreement. Notwithstanding the foregoing, Lake Hop serves as the limited authorized payment agent of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.

Bookings and Fees

If a booking is requested for your Boat via the Services an Owner may be required to either confirm or reject the booking within 24 hours of when the booking is requested or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the identity of the Renter who has requested the booking, and, (ii) a link to the Renter’s Lake Hop Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm a booking within a timely manner or reject a booking of a Boat within such 24 hour period, any amounts collected by Lake Hop for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, we will send you an email, text message, or message via the Services confirming such booking, depending on the selections you make via the Services.

The fees displayed in each Listing are composed of the Boat Fees and Booking Fees, as applicable. Where applicable, Taxes may be charged in addition to the Booking Fees and Boat Fees. The Boat Fees and other fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”.

The amounts due and payable by a Renter solely relating to an Owner’s Boat which are collected by Lake Hop are the Boat Fees. It is the Owner, and not Lake Hop, which determines and sets the Boat Fees. The Boat Fees may include cleaning fees, pre-paid fuel charges, and other charges and fees at the Owner’s discretion.

We charge a fee to Owners upon a percentage of the Boat Fees; this charge is referred to as the “Booking Fee”. As of the date set forth above, the Booking Fees is 15% of the Boat Fees.

The applicable Booking Fee is added to the Boat Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing.

We will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the Boat Fees (minus the Booking Fee) to the Owner as soon as reasonably practical but at all times within 5 business days provided that we have the accurate account information after the Renter arrives at the applicable Boat (except to the extent that a refund is due to the Renter). The agreed upon Owner payout amount will be remitted by Lake Hop to Owners via direct deposit or other payment methods described on the Services, in U.S. dollars, as soon as reasonably practical and no later than 10 days after the last of the rental date.

As an Owner, you agree to use the Service to communicate and facilitate a rental with a Renter. You agree not to take any action directly or indirectly to circumvent paying the Booking Fee. If you do so you will be in violation of this Agreement and your Lake Hop Account may be terminated.

Should a Renter not respond to an inquiry (such as regarding a fuel expense), we may accept and process charges for damages, late fees, or fuel on behalf of that Renter. If an Owner does not respond, we may process refunds or cancellations on behalf of that Owner. Notwithstanding the foregoing, a failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

You also agree that if we are unable to collect a debt that is due within 30 days, we may resort to a third party recovery service for the amount owed. In the event a third party recovery service is used, you agree that we may pursue an action against you for the original amount owed, plus any commissions or expenses (including attorneys’ fees) related therewith.

Insurance

Lake Hop does not insure any Boat or any Member or any aspect of the Member’s use of the Service. It is the Member’s responsibility to review the insurance for their rental. Lake Hop is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Site, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third party independent insurance producer not affiliated with Lake Hop. Lake Hop does not act as a broker, agent, or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, but may provide a link to transact a contract for insurance with a third party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third party insurance provider agree shall act as the insurer. Lake Hop has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third party insurance provider or that of any Member. You acknowledge and agree that Lake Hop assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance (whether or not advertised or facilitated through a link on the Site). You also acknowledge and agree that Lake Hop shall not be included as a party to any such claims or disputes.

Appointment of Lake Hop as Limited Payment Agent for Owner

Each Owner hereby appoints Lake Hop as the Owner's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of Boat Fees made by a Renter to Lake Hop shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to Renter in the agreed upon manner as if the Owner has received the Boat Fees. Each Owner agrees that Lake Hop may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Boat Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized payment agent of the Owner, Lake Hop assumes no liability for any acts or omissions of the Owner.

From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to either do so or to inform users of any such actual or suspected activity.

You are immediately responsible to Lake Hop for all credit card disputes, refunds, reversals, or fines regardless of the reason or timing. In many but not all cases, you may have the ability to challenge such actions by submitting evidence to support@golakehop.com. We may request additional information to provide to financial services providers to assist you in contesting the charge, but we cannot guarantee that your challenge will be successful. Financial services providers may deny your challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, a financial services provider may credit funds associated with the charge that is the subject of the dispute (or a portion thereof).

Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Lake Hop does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate Renter but is a fraudster, you will be responsible for any resulting costs, including credit card disputes, even if the Bareboat Rental has been rendered. Even if we work with you to assist you or law enforcement in recovering lost funds or property, Lake Hop is not liable to you, or responsible for your financial losses or any other consequences of such fraud.

Bookings and Financial Terms for Renters

The Owner, not Lake Hop, is solely responsible for honoring any confirmed bookings and making available any Boats reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Boat, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Boat imposed by the Owner. You acknowledge and agree that you, and not Lake Hop, will be responsible for performing the obligations of any such agreements, that Lake Hop is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Boat Fees to the applicable Owner, Lake Hop disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Lake Hop is not a party to the agreement between you and the Owner, Lake Hop acts as the Owner’s limited payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to Lake Hop which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and Lake Hop is responsible for remitting such amounts to the Owner. In the event that Lake Hop does not remit any such amounts to an Owner; such Owner will have recourse for such amounts only against Lake Hop. Listings for Boats will specify the Total Fees. The Owner is required to either confirm or reject the booking within 24 hours of when the booking is requested or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Owner), any amounts collected by Lake Hop will be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter’s credit card will be released, if applicable.

You agree to pay Lake Hop for the Total Fees for any booking requested in connection with your Lake Hop Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that Lake Hop, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount to verify your credit card. Once Lake Hop receives confirmation of your booking from the applicable Owner, Lake Hop will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Lake Hop cannot control any fees that may be charged to a Renter by his or her bank related to Lake Hop’s collection of the Total Fees, and Lake Hop disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide billing information such as name, billing address, and credit card information either to Lake Hop or its third party payment processor. You agree to pay Lake Hop for any confirmed bookings made in connection with your Lake Hop Account in accordance with these Terms by one of the methods described on the Service. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Lake Hop or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. You also authorize Lake Hop to charge your credit card in the event of damage caused on a Boat as contemplated under “Damage to Boats” section below and for Security Deposits, if applicable.

If you are directed to Lake Hop’s third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Payment Processing Errors and Chargebacks

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. If an Owner is paid for a trip erroneously or a chargeback takes place, Lake Hop will first attempt to debit the funds from the provided bank account. If Lake Hop is unable to debit the funds to the Renter, the Owner is responsible for returning those funds within 7 days. Lake Hop may collect all future payouts until the erroneous payment or chargebacks have been resolved.

Payment Processor Terms

As of the date set forth above, payment processing services on Lake Hop are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement. You also authorize Lake Hop to share with Stripe transaction information related to your use of the payment processing services provided by Stripe.

Security Deposits

Lake Hop includes a security deposit option in every Listing (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of a Boat, Lake Hop will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter's check-in at the applicable Owner’s Boat. Lake Hop will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Lake Hop is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

If an Owner does not respond to the questions related to a Security Deposit capture within 7 days of the rental date, the damages will be considered resolved. As a result, the Renter’s Security Deposit will be refunded and the Owner will no longer have any rights to the funds.

Renters are always responsible for having a credit card on file with sufficient funds available to cover the Security Deposit and any applicable deductible. Lake Hop reserves the right to cancel the booking if the Security Deposit was not captured within 24 hours of the rental. If a booking has concluded and the Security Deposit was not captured, Lake Hop reserves the right to charge any and all payment methods in order to secure the necessary funds.

Damage to Boats

As a Renter, you are responsible for leaving the Boat in the condition it was in at delivery, ordinary wear and tear excepted. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite, or otherwise provide access, to the Boat. If following the conclusion of a rental, an Owner claims that the Boat has been damaged during the rental and provides evidence of damage, you agree to pay the cost of repairing the damage or replacing the damaged items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be charged to and taken from the credit card on file in your Lake Hop Account. Lake Hop also reserves the right to charge the credit card on file in your Lake Hop Account, or otherwise collect payment from you and pursue any avenues available to Lake Hop in this regard, including using Security Deposits, in situations in which you have been determined, in Lake Hop’s sole discretion, to have damaged the Boat, including, but not limited to, in relation to any payment requests made by the Owner, and in relation to any payments made by Lake Hop to the Owner. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Boat to the applicable Owner or to Lake Hop (as applicable).

Both Renter and Owner agree to cooperate with and assist Lake Hop in good faith, and to provide Lake Hop with such information and take such actions as may be reasonably requested by Lake Hop, in connection with any complaints or claims made by Members relating to Boats or any personal or other property located at a Boat or with respect to any investigation undertaken by Lake Hop or a representative of Lake Hop regarding use or abuse of the Site or the Services. If you are a Renter, upon Lake Hop’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with the Owner, which process will be conducted by Lake Hop or a third party selected by Lake Hop, with respect to losses for which the Boat Owner is requesting payment from Lake Hop under these Terms. When an insurance claim is filed the Renter’s Security Deposit will be captured and if applicable used to cover the insurance deductible.

Captains

IN THE EVENT OF A BAREBOAT RENTAL, IT IS THE SOLE RESPONSIBILITY OF THE RENTER TO SELECT AND HIRE A CAPTAIN THAT COMPLIES WITH APPLICABLE LAWS, REGULATIONS, THESE TERMS AND AN ANY AGREEMENT WITH THE OWNER. LAKE HOP DOES NOT OFFER ANY LISTING FOR THIRD PARTY CAPTAINS NOR THE CONDITION, LEGALITY, SUITABILITY, INSURABILITY OR QUALIFICATIONS OF ANY CAPTAINS. LAKE HOP NEVER APPROVES OR ENDORSES ANY CAPTAIN. ENSURING A CAPTAIN IS CURRENTLY CREDENTIALED AND PROPERLY QUALIFIED FOR A PARTICULAR BOAT OR RENTAL IS THE SOLE RESPONSIBILITY OF THE RENTER. RENTER AGREES THAT IT ALONE WILL BE THE EMPLOYER OF ANY CAPTAIN SELECTED AND / OR HIRED BY RENTER AND THAT SAID CAPTAIN WILL BE SO NOTIFIED BY RENTER AND AGREE THAT THEY ARE NOT THE EMPLOYEE OR BORROWED SERVANT OF THE OWNER OR LAKE HOP AND WILL MAKE NO CLAIMS OF ANY KIND AGAINST OWNER OR LAKE HOP ON THE BASIS OF ANY ALLEGED EMPLOYMENT RELATIONSHIP. RENTER IS SOLELY RESPONSIBLE FOR OBTAINING / CONFIRMING THE PROPER INSURANCE COVERAGE FOR ANY PAID OPERATOR /CAPTAIN HIRED BY THE RENTER.

Cancellations and Refunds

If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Lake Hop will cancel any pre-authorization to your credit card or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the Boat, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation (e.g., Flexible, Moderate, or Strict). Our ability to refund the Boat Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services. If an Owner cancels a confirmed booking made via the Services, (i) Lake Hop will refund the Total Fees for such booking to the applicable Renter within a reasonable time of the cancellation, except for the Booking Fee and (ii) the Renter may receive an email or other communication from Lake Hop containing alternative available Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Lake Hop the Total Fees relating to the confirmed booking for the Boat in the alternative Listing, in accordance with these Terms. If an Owner cancels a confirmed booking and you, as a Renter, have not received an email or other communication from Lake Hop, please contact our support team at support@golakehop.com.

Taxes

IRS regulation, regarding federal Tax reporting requirements, stipulates that Lake Hop must collect IRS Form W-9 from all Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Lake Hop cannot and does not offer Tax-related advice to any Members. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in listings. You can read more on Taxes by clicking on the link to the IRS page that better explains the Sharing Economy Tax.

Depending on your account status, forms submitted to Lake Hop, and other factors, you may receive a Tax form from Lake Hop. As always, we encourage you to consult a Tax professional for assistance reporting your income. The Internal Revenue Service (“IRS”) requires that all US companies operating as a third party settlement organization (“TPSO”) report any information concerning third network transactions of any participating payee only if, for the calendar year: (i) the gross amount of total reportable payment transactions exceeds $20,000, and (ii) the total number of such transactions exceeds 200.

If a business makes payments via a third party settlement organization as well as cash or check to the same independent contractor, the TPSO will be required to report the amount of reportable transactions that exceed the de minimis thresholds on Form 1099-K. If you cross both IRS thresholds in a calendar year, Lake Hop will provide you with a Form 1099-K.

Prohibited Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:


Lake Hop reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Lake Hop may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Lake Hop has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so to operate the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Lake Hop reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Lake Hop, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Ownership

The Services are owned and operated by Lake Hop. Unless otherwise indicated, all content (excluding Member Content), information, and other materials on the Services including, without limitation, Lake Hop’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Services are the property of Lake Hop and/or third party licensors. Unless otherwise expressly stated in writing by Lake Hop, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Services solely for your personal use or business use as set forth in these Terms. Lake Hop may terminate this license at any time, without notice and without reason. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lake Hop or its licensors, except for the licenses and rights expressly granted in these Terms.

All trademarks, service marks, logos, trade names and any other proprietary designations of Lake Hop used herein are trademarks or registered trademarks of Lake Hop. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Grant of License to Lake Hop for Member Content

If you submit, transmit, display, perform, post or store Member Content using the Services, you grant Lake Hop and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Member Content (including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such Member Content.

You are solely responsible for your Member Content and the consequences of posting or publishing it. By uploading and publishing your Member Content, you represent and warrant that: (i) you are the creator and owner of the Member Content or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Member Content does not and will not (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; and (iii) your Member Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Lake Hop reserves all rights and remedies against any Members who breach these representations and warranties.

Links

The Services may contain links to third party websites or resources. You acknowledge and agree that Lake Hop is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lake Hop of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Feedback and Submissions

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services. From time to time, Members submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans, or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you submit any ideas, original creative artwork, suggestions, or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply.

You acknowledge and agree that all submissions will be the sole and exclusive property of Lake Hop and you assign to Lake Hop all of your right, title, and interest in and to all submissions, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

Copyright Policy & DMCA Notice of Alleged Infringement

Lake Hop respects copyright law and expects its users (e.g., Members) to do the same. It is Lake Hop’s policy, in appropriate circumstances and at its discretion, to disable or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Lake Hop will respond expeditiously to claims of copyright infringement committed using the Lake Hop Site that are reported to Lake Hop’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Lake Hop’s Designated Copyright Agent. Upon receipt of the Notice as described below, Lake Hop will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Lake Hop’s Designated Copyright Agent:

    Attn: Legal
    c/o Lake Hop, Inc.
    1100 E Decherd St.
    Tullahoma, TN 37388

Termination of Lake Hop Account

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Lake Hop Account. You may cancel your Lake Hop Account at any time by contacting us at support@golakehop.com. Please note that if your Lake Hop Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or submissions.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LAKE HOP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LAKE HOP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LAKE HOP MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LAKE HOP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES, OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LAKE HOP OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT LAKE HOP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY BOATS. LAKE HOP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY LAKE HOP.

YOU AUTHORIZE LAKE HOP, DIRECTLY OR THROUGH THIRD PARTIES, TO MAKE ANY INQUIRIES WE CONSIDER NECESSARY TO HELP VERIFY OR CHECK YOUR IDENTITY OR PREVENT FRAUD. THIS MAY INCLUDE ASKING YOU TO PROVIDE A FORM OF GOVERNMENT IDENTIFICATION (E.G. DRIVER’S LICENSE OR PASSPORT), YOUR DATE OF BIRTH, AND OTHER INFORMATION REQUIRING YOU TO TAKE STEPS TO CONFIRM OWNERSHIP OF YOUR EMAIL ADDRESS, PAYMENT METHODS OR PAYOUT METHODS; OR ATTEMPTING TO SCREEN YOUR INFORMATION AGAINST THIRD PARTY DATABASES. LAKE HOP RESERVES THE RIGHT TO CLOSE, SUSPEND, OR LIMIT ACCESS TO THE PAYMENT SERVICES IN THE EVENT WE ARE UNABLE TO OBTAIN OR VERIFY ANY OF THIS INFORMATION.

NOTWITHSTANDING LAKE HOP’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, LAKE HOP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICES (OR ANY ANCILLARY USE OF A BOAT (E.G., WATER SKIING, FISHING, WAKEBOARDING)), AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LAKE HOP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY BOAT, OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT LAKE HOP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL LAKE HOP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY BOAT VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY LAKE HOP TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAKE HOP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Lake Hop and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Boat (or any ancillary use therewith (e.g., fishing, water skiing)), (iii) creation of a Listing or (iv) the use, condition or rental of a Boat by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Boat.

Reporting Misconduct

If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Lake Hop by contacting us at support@golakehop.com.

Entire Agreement

These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between Lake Hop and you regarding the Services, Collective Content, and any bookings or Listings of Boats made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lake Hop and you regarding the foregoing.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Lake Hop’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be void. Lake Hop may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Lake Hop (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Lake Hop.

You and we agree to submit to the personal jurisdiction of a state court located in Hamilton County, Chattanooga, Tennessee or a United States District Court, Eastern District of Tennessee located in Chattanooga, Tennessee for any actions for which the parties seek injunctive or other equitable relief 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.

Dispute Resolution

You and Lake Hop 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 (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 LAKE HOP 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 Lake Hop 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.

With the exception of claims under $15,000 in value, any 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 http://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.

You agree that any dispute, claim, or controversy under $15,000 in value arising out of or relating to these Terms, whether between you and Lake Hop or between you and other users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered by FairClaims (www.FairClaims.com) and not in a court of law, in accordance with FairClaims’ procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

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 at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314). The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Tennessee 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.

Unless you and Lake Hop otherwise agree, the arbitration will be conducted in Chattanooga, Tennessee. 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.

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's award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. 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 attorneys' fees and expenses, to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

YOU AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES. OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED.

If you are a consumer and have your habitual residence in the EU, you can elect to enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. You may bring a claim to enforce your consumer protection rights in connection with these Terms or in the EU country in which you live. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If Lake Hop 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 at support@golakehop.com within 30 days of the date such change is first made effective.

General

The failure of Lake Hop 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 Lake Hop. 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. If you have any questions about these Terms of Service, please contact us at support@golakehop.com.