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Welcome to MOUNTAIN ISLAND! These Terms of Service ("Terms") govern your access to and use of the MOUNTAIN ISLAND platform ("Service"), which connects Hosts and Users for water-based entertainment experiences. By accessing or using our Service, you agree to comply with these Terms. If you do not agree with any part of these Terms, you must not use our Service.

 

1. Definitions

 

"Service"** refers to the MOUNTAIN ISLAND platform, including our website and mobile application.

"Host"** refers to an individual or entity that offers water-based entertainment experiences for Users through the Service.

"User"** refers to an individual who books or participates in water-based entertainment experiences offered by Hosts.

"Booking"** refers to the reservation made by a User for a water-based experience provided by a Host.

 

2. Eligibility

 

To use our Service, you must be at least 18 years old or have the consent of a parent or guardian. By using the Service, you represent that you meet these requirements.

 

3. Account Registration

 

To access certain features of the Service, you may need to create an account. You agree to:

 

Provide accurate, current, and complete information during registration.

Maintain the security of your password and accept all risks of unauthorized access to your account.

Notify us immediately of any unauthorized use of your account.

 

4. User and Host Responsibilities

 

4.1 Host Responsibilities

 

Hosts are responsible for:

 

Providing accurate and complete descriptions of their experiences.

Ensuring the safety and compliance of their equipment and activities.

Communicating with Users in a timely and professional manner.

 

4.2 User Responsibilities

 

Users are responsible for:

 

Adhering to all rules and guidelines established by Hosts.

Arriving on time for booked experiences.

Treating Hosts and their property with respect.

 

5. Booking and Payment

 

All bookings made through the Service are subject to the following terms:

 

Users are required to pay the total amount due for the booking at the time of reservation.

Payments are processed through our secure payment gateway.

 

6. Cancellation Policy

 

Users must cancel a reservation at least 7 days prior to the scheduled booking for a refund. The cancellation policy is as follows:

 

Cancellation Fee:** If a User cancels their reservation at least 7 days before the booking, a cancellation fee of 3% of the total net booking amount will be deducted from the refund.

No Refund:** Cancellations made within 7 days of the scheduled booking are not eligible for a refund.

 

7. Payment Distribution for Hosts

 

MOUNTAIN ISLAND will distribute payments to Hosts every Tuesday for services rendered during the previous week via direct deposit. The payment distribution process will follow these guidelines:

 

Payments to Hosts will be calculated based on the total amount earned for services rendered, minus applicable fees.

A 10% MOUNTAIN ISLAND Platform Fee will be deducted from the total earnings.

An additional 3% Service Fee will also be deducted from the total earnings.

Hosts will receive their net payment after the deduction of both fees.

 

8. Liability and Indemnification

 

8.1 Services Provided

 

The Host/Service Provider agrees to provide boating, watersport, and/or water activities services to Users as outlined in the agreement between the Host/Service Provider and MOUNTAIN ISLAND.

 

8.2 Safety Responsibility

 

The Host/Service Provider shall assume full responsibility for the safety of all activities provided to Users. This includes ensuring that all equipment is well-maintained, staff are adequately trained, and all safety protocols are strictly followed.

 

8.3 Insurance

 

The Host/Service Provider agrees to maintain comprehensive commercial liability insurance, including coverage for bodily injury and property damage, with a reputable insurance provider. The Host/Service Provider shall provide proof of insurance to MOUNTAIN ISLAND upon request.

 

8.4 Licensing and Permitting

 

The Host/Service Provider warrants that they hold all necessary licenses, permits, and certifications required to provide water-related services in the jurisdiction where the services are being offered. The Host/Service Provider shall be responsible for any costs or fines associated with the failure to obtain or maintain the necessary licenses and permits.

 

8.5 Environmental Stewardship

 

The Host/Service Provider agrees to adhere to all environmental laws and regulations while providing services to Users. The Host/Service Provider shall take all necessary precautions to minimize any negative environmental impact of their activities and shall promptly report any environmental incidents to MOUNTAIN ISLAND.

 

8.6 Indemnification

 

The Host/Service Provider shall indemnify and hold harmless MOUNTAIN ISLAND, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or in connection with the services provided by the Host/Service Provider, including but not limited to claims related to safety, insurance, licensing, permitting, and environmental stewardship.

 

8.7 Duration of Liability Indemnification

 

This release of liability and indemnification shall remain valid indefinitely and apply to all past, present, and future activities in which the Host/Service Provider participates and/or provides services for or in conjunction with MOUNTAIN ISLAND.

 

9. Media Release

 

By using the MOUNTAIN ISLAND Service, you acknowledge and agree that MOUNTAIN ISLAND has the irrevocable and unrestricted right to use photography and videography related to Host experiences and User experiences associated with services provided by platform Hosts. This includes, but is not limited to, the right to edit, publish, and display such media in any manner, including for promotional and marketing purposes. Users and Hosts waive any right to inspect or approve the finished product, and acknowledge that no compensation will be provided for the use of such media.

 

10. Non-Disclosure and Confidentiality

 

For the purposes of this Agreement, "Confidential Information" shall mean any information disclosed by the Disclosing Party to the Receiving Party, either orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

 

10.1 Definition of Confidential Information

 

During the course of this engagement, you may gain insight into proprietary practices that involve leveraging Artificial Intelligence (AI) and Machine Learning (ML). The introduction of this technology and how it is leveraged is considered a trade secret and is regarded as Confidential Information.

 

10.2 Obligations of the Receiving Party

 

The Receiving Party agrees to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect such information.

The Receiving Party agrees not to disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party.

 

11. Intellectual Property Rights

 

Throughout this engagement, you may be exposed to trade secrets, tactics, and practices that would be considered proprietary in nature.

 

11.1 Ownership of AI Algorithms

 

Any AI algorithms developed or improved during the course of the project/engagement shall be owned by MOUNTAIN ISLAND.

 

11.2 Data Rights

 

Any data provided by MOUNTAIN ISLAND for training AI models shall remain the property of MOUNTAIN ISLAND.

 

11.3 Trade Secrets

 

All information related to the AI algorithms, models, methodologies, and processes shall be considered trade secrets of MOUNTAIN ISLAND. The Host/Service Provider shall take measures to protect these trade secrets and prevent unauthorized disclosure or use.

 

11.4 Patents

 

Any inventions or new technologies developed during the project that are patentable shall be owned by MOUNTAIN ISLAND. The Host/Service Provider shall cooperate in the patent application process and assign any rights related to such inventions to MOUNTAIN ISLAND.

 

11.5 Copyrights

 

Any software code, scripts, or documentation developed in the course of the project shall be owned by MOUNTAIN ISLAND. The Host/Service Provider shall not reproduce, distribute, or modify such materials without permission.

 

12. Modifications to the Service

 

MOUNTAIN ISLAND reserves the right to modify or discontinue the Service at any time without prior notice. We may also update these Terms from time to time. When changes to the Terms occur, MOUNTAIN ISLAND will ensure that those changes are socialized and communicated in writing to all Users and Hosts. Continued use of the Service after any changes constitutes your acceptance of the new Terms.

 

13. Governing Law

 

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in accordance with North Carolina law.

 

If you have any questions or concerns about these Terms, please contact us at:

 

MOUNTAIN ISLAND Support

Email: info@mountainisland.app

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By using the MOUNTAIN ISLAND Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing MOUNTAIN ISLAND! Enjoy your water-based adventures!