Terms and Conditions

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Updated: July 2025

1. Introduction 

Welcome to Early Bird Boat Rentals Ltd. ("Company," "we," "us," "our"). These Terms and Conditions ("Terms") govern your access to, and use of our website located at EarlyBirdBoatRentals.com (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user. 

Please read these Terms carefully before you start to use the Website, consider booking, or renting from us. By accessing or using the Website or equipment, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at the bottom of the following webpage earlybirdboatrentals.com, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.    

2. Definitions 

• "Website" refers to EarlyBirdBoatRentals.com and all associated web pages, content, and functionality. 
• "User," "you," "your" refers to any individual accessing or using the Website. 
• "Content" means all text, graphics, images, music, software, audio, video, information, or other materials available through the Website. 
• "Rental Services" refers to the boat rental services offered by the Company. Information about these services may be presented on the Website, but the actual rental is governed by a separate Rental Agreement that must be signed prior to use of any equipment. 

3. Changes to the Terms 

We reserve the right, at our sole discretion, to revise and update these Terms from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.    

4. Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.    

You are responsible for: 

• Making all arrangements necessary for you to have access to the Website.    
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.    

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (e.g., for booking), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.    

5. Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.    

These Terms permit you to use the Website for your personal, non-commercial use only, primarily to view information about our Rental Services and potentially make reservations or inquiries. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:    

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.    
• You may store files that are automatically cached by your Web browser for display enhancement purposes. 
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.    

You must not: 

• Modify copies of any materials from this site. 
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.    
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.    

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.    

6. Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: 

• In any way that violates any applicable federal, state, local, or international law or regulation.    
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.    
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.    
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.    
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.    
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.    
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.    

7. Information About Rentals; Booking 

The Website provides information regarding our boat and jet ski Rental Services, including descriptions, potential availability, and pricing. This information is provided for informational purposes only and is subject to change without notice. 

• Accuracy: While we strive to keep information on the Website accurate and up-to-date, we do not warrant the accuracy, completeness, or usefulness of this information. Descriptions, specifications, availability, and pricing of rental equipment are subject to change and confirmation at the time of booking and rental. 
• No Guarantee: Display of availability on the Website does not guarantee that a specific boat will be available for your desired time. Availability is confirmed only upon completion of the booking process and execution of the final Rental Agreement. 
• Booking Requests: Any booking or reservation request made through the Website may be considered preliminary until confirmed by us, potentially requiring payment of a deposit and acceptance of the separate Rental Agreement terms. Specific booking, deposit, cancellation, and payment policies will be detailed during the booking process and/or in the Rental Agreement. 
• Rental Agreement Governs: Your actual rental of any boat is subject to the terms and conditions of a separate, legally binding Rental Agreement, which you must review and sign prior to or at the time of rental. This Rental Agreement will include, but is not limited to, detailed rules of operation, safety requirements, eligibility criteria (e.g., age, valid driver's license for all those who may operate the vessel), liability waivers, damage policies, fuel charges, and late return fees. The terms of the Rental Agreement supersede any conflicting information presented on the Website. 
• Eligibility: You must meet all eligibility requirements set forth by the Company and applicable law to rent and operate our equipment. These requirements will be detailed in the Rental Agreement and the Rental Rules, you may preview these on our website. 
• No Shows: Will be charged the full price.

8. Reliance on Information Posted 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.    

9. Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.    

10. Disclaimer of Warranties 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.    

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.    

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.    

11. Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.    

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.    

12. Indemnification 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.    

13. Governing Law and Jurisdiction 

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.    

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado located in the County of Pueblo and City of Pueblo, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.    

14. Waiver and Severability 

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.    

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.    

15. Entire Agreement 

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Early Bird Boat Rentals Ltd. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. The separate Rental Agreement governs the actual rental of equipment.    

16. Contact Information 

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:    

Early Bird Boat Rentals Ltd. Earlybirdboatrentalsltd@gmail.com 719-420-1222