Storable Marine Operator Terms of Service
These terms were last updated on October 17, 2025
Molo, Inc. (“Molo”, “we”, “our” or “us”) is the provider of the Storable Marine and Storable Rentals services. We provide access to and our Services via web sites located at storablemarine.com, getmolo.com, stellarims.com or any other websites, mobile websites, and web-based applications that Molo operates (collectively, “Site”) and through its mobile applications (collectively, such services, including any new features and applications, related services, and the Site, the “Service(s)”), and in each instance, subject to these Terms of Service (“TOS” or “Terms of Service”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be strictly bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Services.
THE AGREEMENT REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 13.5 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
1. Description of Services.
The Services are designed to provide marina management services and related technologies as well as reservation related services, and may include certain software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS. To subscribe for a Service, you must execute an Order Form for that service. You are only entitled to use the Services for which you have subscribed and paid and your use of the Services is subject to your strict compliance with these TOS. You acknowledge that Molo shall be the exclusive provider of reservation management software or reservable asset management services to Customer. You acknowledge and agree that we, as the Service provider, reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) from time to time and that we shall not be liable to you or any third party as a result thereof.
2. Proprietary Rights
2.1. Ownership of the Service. Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes limited to your internal business use and for no other use. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Molo. You shall not (a) disassemble, reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services, or modify, adapt, create derivate works based upon, or translate the Services; (b) license, sublicense, sell, rent , assign, distribute, time share transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in or make the Services available to any third party; (c) use the Services except as expressly authorized hereunder or in violation of any applicable laws; (d) manage, create, develop, market, sell, or distribute competitive Services or create, develop or assist another party to manage, create, or develop, market, sell, or distribute competitive Services; (e) engage in any illegal or deceptive trade practices with respect to the Services; (f) circumvent or disable any security or other technical features or measures of the Services or any other aspect of the Software or, in any manner, attempt to gain or attain unauthorized access to the Services or its related computer systems or networks; (g) use the Services to transmit infringing, libelous, obscene, threatening, malicious code, or otherwise unlawful, unsafe, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights; (h) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein or (i) use any robot, spider, other automated device or process, or manual process to (i) crawl, monitor, copy, or “scrape” web pages or the content contained in the Storable Edge management software without Storable Edge’s express prior written consent or (ii) access the Services (excluding password managers), or substantially download, reproduce or archive any portion of the Services. You shall comply with any codes of conduct, policies or other notices Molo provides you or publishes in connection with the Service, and you shall promptly notify Molo if you learn of a security breach related to the Service.
Any software that may be made available by Molo in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Molo hereby grants you a non-transferable, non-sublicensable and non-exclusive right and limited license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative or inspired work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Molo for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Molo or any third party is granted to you in connection with the Service.
You shall comply with all operating instructions issued by Molo from time to time. Notwithstanding anything to the contrary in this Agreement, you shall be solely responsible for the supervision, management, and control of the access to and use of the System by or through your employees, agents, subcontractors and contractors, including, without limitation, implementing sufficient and reasonable procedures designed to (a) satisfy your own requirements for the security and accuracy of the input provided to the Software, (b) verify reports and other output from Molor within the required time frames, and (c) regulate use of, and safeguard against unauthorized use of, user identifications and passwords assigned to your employees, agents, subcontractors and contractors.
Due to the allocation of Molo resources necessary in order for it to be able to provide the Services herein, it shall be essential for you to promptly implement (and cooperate with Molo’s efforts to implement the Services. The parties agree that time shall be of the essence. You further acknowledges that the pricing set forth in any Order Form is based upon your compliance with this Article 2. In the event that you fail to bring inventory and/or locations “live” in accordance with the agreed schedule, Molo reserves the right, in its sole discretion, to suspend provision of Services under this Agreement until such time as the parties reach agreement on revised pricing (and/or as said standard pricing may be amended upon renewal of the term of this Agreement).
2.2. Trademark Restrictions. You shall not remove, alter, cover or obfuscate any copyright notices or other proprietary right notices or proprietary mark placed or embedded by Molo on or in the Services.
2.3. Data Ownership. You are solely responsible for all data (including non-public data provided by you regarding your customers (“Customer Data”)), information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”). For every email sent outside of your organization via the Services, you acknowledge and agree that Molo shall have the right to automatically add an identifying footer. You are strictly prohibited from transmitting, storing or processing non-public personal information (“NPPI”) through, on, or in conjunction with the Software. Violation of this provision shall represent a material breach of and Molo shall be entitled to immediately terminate your agreement without penalty, with or without notice to you.
2.4. Our Use of Anonymous Data. You agree that Molo may use the data generated by and stored on our servers anonymously, for our own internal business purposes, including but not limited to the development of anonymous marketing and sales collateral materials, statistical analysis of data, and publication solely in an aggregated form of operating data. You shall at all times retain ownership of your data. You permit Molo to use your name and logo on Molo’s website and marketing materials to identify your relationship with Molo. To decline Molo this right you need to email [email protected] stating that you do not wish to be used as a reference.
2.5. Call Recordings. You acknowledge and agree that we may record calls between you or your agents and us (or between your current or prospective tenants and us) for quality assurance and training purposes, including when a call is placed on hold (“Call Recordings”). Any Call Recordings are our sole and exclusive property and may be retained or destroyed by us at our sole discretion. We may use Call Recordings for any lawful business purpose, in accordance with our Privacy Policy. Unless otherwise required by applicable law, rule, regulation or court order, we have no obligation to provide you with any Call Recordings.
3. Confidentiality
3.1. Definition of Confidential Information. means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether 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. Your Confidential Information includes your Data; our Confidential Information includes the Services and Content; and Confidential Information of each party includes all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
3.2. Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party will disclose the terms of any Order Form to any third party other than its affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its affiliate, legal counsel or accountants will remain responsible for such affiliate’s, legal counsel’s or accountant’s compliance with this Section 3.2. Please visit https://www.storablemarine.com/legal/ to understand how Molo collects and uses personal information.
3.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
3.4.You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Molo’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide, operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Molo will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.5. Subject to the terms hereof, Molo may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
4. Hardware Products.
4.1. Orders. Device products offered by Molo (“Products”) are offered for lease (unless stated otherwise in an applicable Order Form) for use in connection with the Services. Products are intended for Molo customers only and are not authorized for resale or sublease. Molo may accept your offer to lease Products, which shall be subject to these Terms of Service. At that time, Molo will capture payment on the payment instrument you provided and ship the applicable Products to you. Molo may utilize your payment method on file to capture payment for hardware shipped to your business. Molo reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.
4.2. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Molo’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
4.3. Availability, Pricing, Taxes. Lease of Products are subject to availability. Prices are subject to change without notice but changes will not affect any order you have already placed. To lease our Products, you may be required to provide Molo information regarding your credit card or other payment instrument. You represent and warrant to Molo that such information is true and that you are authorized to use the payment instrument. You hereby authorize Molo to bill your payment instrument in accordance with these Terms of Service.
4.4. Shipping and Delivery. Prices do not include shipping costs. Our delivery charges are as quoted on the Services from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
5. Payment; Fees.
5.1. Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Molo information regarding your credit card or other payment instrument provided by you. You represent and warrant to Molo that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Molo the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Molo to bill your payment instrument for any charges incurred or in advance on a periodic basis in accordance with the terms of the applicable payment plan or Order Form until you terminate your account. With respect to any convenience fees collected directly by Molo from any credit card payments processed on your behalf, Molo shall be entitled to immediately collect its portion of said fees from such payments. If you dispute any charges, you must let Molo know within thirty (30) days after the date that Molo invoices you or otherwise informs you of such charges. Subject to the terms of your Order Form we reserve the right to change Molo’s prices at any time. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Molo may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Molo thirty (30) days after the date of the invoice, or the Services may be terminated by Molo. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than taxes based on Molo’s net income.5.2 Losses: You are solely responsible for your business operations including the goods, products and services you provide, including any related chargebacks, disputes, refunds, returns, adjustments, fees, charges, liabilities or losses (collectively, “Losses”), and any Losses that arise from your use of the Services. We disclaim (and you acknowledge such disclaimer of) any responsibility for your business operations including the goods, products and services you provide, any related Losses, and any Losses that arise from your use of the Services. Notwithstanding the foregoing, and if applicable, we acknowledge our responsibility for the protection of all cardholder data that we possess or otherwise store, process, or transmit on behalf of our customers in compliance with all requirements of the PCI DSS. We have implemented appropriate data protection measures to ensure a level of security commensurate to the risks.
5.3. Stripe Connected Account. Payment processing services for you on Molo are provided either by Authorize.net (and subject to their Merchant Service Agreement) or by Stripe (and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Services Agreement”)). By agreeing to this TOS or continuing to operate as a business on Molo, you agree to be bound by the such agreements, as the same may be modified from time to time. As a condition of Molo enabling payment processing services through Authorize.net, you agree to pay a percentage fee to Molo of processed transactions for supporting the integration with their gateway. As a condition of Molo enabling payment processing services through Stripe, you agree to provide Molo the information we request concerning you and your business, including your owners and officers. You agree to update the information you provide us as it changes, including any acquisition by a person of twenty-five percent (25%) or more of the equity interest if you are a legally formed business entity (e.g., corporation, limited liability company). You represent and warrant to us that any information you provide us is true, accurate and complete. If you do not comply with this Section 5.3, payments processed on your behalf may be delayed or withheld or placed in the Reserve (defined in Section 5.6) until you comply. You authorize Molo to share any information you provide to us and transaction information related to your use of the payment processing services provided by Stripe.
5.4. Debit and Credit Authorization. From time to time, you authorize us to initiate individual or recurring debit or credit entries to your bank account. Debit entities may be initiated to pay any Losses related to your transactions, your use of the Services including, but not limited to, processing refunds, and to pay for hardware, if applicable. Credit entries may be initiated to deposit payment processing payouts or your use of the Services.
5.5. Processing Fees. You are responsible for paying all processing fees imposed by the credit card brands, Stripe or any other third-party payment processor, as well as any additional fees imposed by Molo for processing authorizations, account verifications, payments, refunds, payouts, or disputes.
5.6. Reserve. We may withhold funds from payment processing payouts to you and/or designate an amount of funds that you must maintain in a reserve account held by us (“Reserve”) to pay any Losses related to your transactions or your use of the Services or to secure the performance of your obligations under any agreement between you and us (including this TOS) or between you and Stripe, including payment of any amounts you owe us. The Reserve will be in an amount determined by us in our sole discretion to cover potential Losses we may incur or obligations you owe us or Stripe. The Reserve may be raised, reduced or removed at any time by us, at our sole discretion. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Account, including your linked bank account. You grant us a security interest in and lien on any and all funds held in the Reserve, and also authorize us to make any withdrawals or debits from the Reserve, any bank account linked to your Account or any other bank account you own or control, without prior notice to you, to cover any Losses or obligations you owe us or Stripe or any Losses you are responsible for, and collect amounts that you owe us or that you are responsible for. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This Section 5.6 will survive the termination or expiration of this TOS for one (1) year. After the end of this one (1) year period, we will return to you any funds remaining in the Reserve.
5.7. Taxes. You are solely responsible for properly reporting taxable income made in connection with any payments or refunds made using the Services. You agree that Molo will have no liability relating to your failure to report any taxable income made in correction with the use of the Services or to pay taxes on that income. You further agree to indemnify Molo against liability to any third party, including the Internal Revenue Service or any state or local taxation authority, arising out of your failure to report any taxable income made in connection with the Services or to pay taxes on that income.
6. Trial Periods.
If the Services are being offered to you on a trial basis (the “Trial Services”), such Trial Services are offered for evaluation purposes, as-is, without warranty of any kind and no indemnification or other obligations on behalf of Molo shall apply and you waive any and all claims whatsoever against Molo in connection with the trial. Either party may terminate this Agreement in connection with the Trial Services at any time upon written notice to the other party, prior to expiration of the Trial Services term.
7. Apple-Enabled Software Applications.
Molo offers Software applications that are intended to be operated in connection with products made commercially available by Google, Inc. (“Google”) or Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with a Google-platform product or an Apple-branded product (such Software, “Device-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
7.1. Molo and you acknowledge that these Terms of Service are concluded between Molo and you only, and not with Google or Apple, and that as between Molo and Google or Apple, Molo, not Google or Apple, is solely responsible for the Device-Enabled Software and the content thereof.
7.2. You may not use the Device-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth forDevice-Enabled Software in, or otherwise be in conflict with, the applicable App Store Terms of Service.
7.3. Your license to use the Device-Enabled Software is limited to a non-transferable license to use theDevice-Enabled Software on an Android or iOS Product that you own or control, as permitted by the Usage Rules set forth in the applicable App Store Terms of Service.
7.4. Neither Google nor Apple has any obligation whatsoever to provide any maintenance or support services with respect to the Device-Enabled Software.
7.5. Nether Google nor Apple is responsible for any product warranties, whether express or implied by law. In the event of any failure of the Device-Enabled Software to conform to any applicable warranty, you may notify Google or Apple (as applicable), for a refund of the purchase price for the Device-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Google or Apple (as applicable) will have no other warranty obligation whatsoever with respect to the Device-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Molo’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
7.6. Molo and you acknowledge that Molo, not Google or Apple, is responsible for addressing any claims of you or any third party relating to the Device-Enabled Software or your possession and/or use of that Device-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Device-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7.7. In the event of any third-party that the Device-Enabled Software or the end-user’s possession and use of that Device-Enabled Software infringes that third party’s intellectual property rights, as between Molo and Google or Apple, Molo, not Google or Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7.8. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7.9. If you have any questions, complaints or claims with respect to the Device-Enabled Software, they should be directed to Molo at one of the contact methods below:
Via Phone: (855) 605-8100
Via Email: [email protected]
Via Mail: Molo, Inc. 10900 Research Blvd Ste 160C PMB 3099 Austin, TX 78759
7.10 Molo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
8. Terms and Termination.
8.1. The term of the Services varies depending on the Services subscribed to or obtained and shall be set forth on the Order Form.
8.2. Subject to the terms of your Order Form or separate agreement between you and Molo in writing, you have the right to terminate your account at any time by sending a cancellation request; provided, however, that you may not terminate your account without cause (i) if you have a monthly subscription plan, within the first three (3) months of your subscription, or (ii) if you have an annual subscription plan in which case, you are obligated to pay for any remaining period of your annual subscription. All cancellation requests will be processed within thirty (30) days of receipt. Subject to earlier termination as provided below, Molo may terminate your Account and this TOS at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Molo may also terminate this TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOS.
8.3. In the event that Customer shall terminate this Agreement prior to the expiration of the a then-effective committed term, unless said termination occurs as a result of a breach by Molo, you shall be responsible for paying liquidated damages in the amount of the remaining fees as may be described in your Order Form which would otherwise be due between the Service termination date and the end of the committed term (the “Breakage Costs”). The Breakage Costs shall be due and payable within thirty (30) days of the effective date of termination. You and Molo hereby agree that these Breakage Costs shall not be considered a penalty. The foregoing liquidated damages are not intended to be nor shall be construed as Molo’s exclusive remedy for any breach of this Agreement and shall not limit or otherwise preclude Molo from seeking and obtaining such other remedies for such other breaches as may be available to it under the law.
8.4. Upon any termination, Molo will make Your Content available to you for electronic retrieval for a period not to exceed thirty (30) days, but thereafter Molo may, but is not obligated to, delete any of Your Content we may have. You agree that Molo shall not be liable to you or to any third party for any termination of your access to the Service or deletion of your data.
8.5. If you cancel your account for any reason, or if Molo terminates your account with cause and you have signed up for a fee-bearing service, Molo will not refund any portion of any amount that you have prepaid to Molo for such Service. Notwithstanding the foregoing sentence, in the event you elect Molo’s annual subscription plan and have prepaid the fees for a full year of Service and you subsequently cancel your account for any reason without cause, you hereby acknowledge and agree that Molo will not refund any portion of your prepaid subscription fee. If Molo terminates your account without cause and you have signed up for a fee-bearing service, Molo will refund the pro-rated, unearned portion of any amount that you have prepaid to Molo for such Service. Notwithstanding anything herein to the contrary, all accrued rights to payment and the terms of Sections 4-13 shall survive termination of this TOS.
9. Representations and Warranties.
You represent and warrant to Molo that (i) you have full power and authority to enter into this TOS and to use the Services; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Molo to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Molo’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
10. DISCLAIMER OF WARRANTIES.
10.1.Molo shall not be responsible for verifying the age, identity, or capacity of those persons to whom you reserve reservable assets. You hereby confirm that your sole responsibility (and hereby agree to indemnify Molo for any liability in connection with) the verification of identity of your customers, the capacity of those customers to enter into agreements with you, the age of said customers, and/or the ability of said customers to safely or legally operate, use, or occupy the reservable assets. Molo bears no and assumes no responsibility for and shall not be liable in any fashion, manner, or to any degree for (and you hereby agree to indemnify Molo for any liability in connection with) the operation, use, or occupancy of reservable assets reserved through the platform. You bear all responsibility for such reservations and/or the attendant operations, use, or occupancy of said reservable assets. You are solely responsible for the download and storage of electronic contracts, photographs and any other information as required by law or insurance, whether originating from the Services or otherwise. Your access to the aforementioned via the Software is limited to that of convenience without any guarantees or warranties, express or implied. You shall be solely liable for maintaining and preserving all records and documentation regarding your rental of reservable assets, following the “daily reconciliation of that day’s transactions” carried out in conjunction with the platform and/or any paperless check-in service. The “daily reconciliation of that day’s transactions” shall include your downloading all data from the system including customer information, booking information and digital contracts from the paperless application.
10.2 The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Molo or by third-party providers, or because of other causes beyond our reasonable control, but Molo shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MOLO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MOLO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM MOLO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
11. LIMITATION OF LIABILITY.
11.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MOLO BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM or, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
11.2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, MOLO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Indemnification.
You shall defend, indemnify, and hold harmless Molo from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to use or misuse of the Service. Molo shall provide notice to you of any such claim, suit or demand. Molo reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Molo’s defense of such matter.
13. General Provisions
13.1. U.S. Government Matters. You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Molo on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.
13.2. Notices. Molo may change this TOS from time to time. You can review the most current version of this TOS at any time at https://www.storablemarine.com/legal/. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop using the Services and cancel your account by sending a written notice of cancellation via email to [email protected] or your Client Success Manager.
13.3. Assignment. You may not assign this TOS without the prior written consent of Molo. Molo may assign or transfer this TOS, in whole or in part, without restriction.
13.4. Miscellaneous. If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS and any paid subscription terms selected by you and included on an Order Form is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Molo in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. Unless where otherwise set forth herein, all notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Your Order Form shall govern in the event of any conflict between an Order From and these TOS.
13.5. Governing Law. This TOS and any Order Form or the performance of obligations or Services hereunder shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice-of-law rules. ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION (“CLAIMS”) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) AND IF YOUR CLAIMS ARE WITHIN SUCH COURT’S ORIGINAL JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS (AS DEFINED ABOVE) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION 13.5 REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
13.6. Enhancement Requests. We may, but have no obligation to, consider your suggestions or requests regarding new functionality or features of the Services (“Enhancement Requests”). All modifications proposed or requested in an Enhancement Request shall be our sole and exclusive property. We may, in our sole discretion, include such modifications in a future version of the Services, but our acceptance and consideration of an Enhancement Request shall not obligate us to include in any version of the Services any modifications proposed or requested in such Enhancement Request.
13.7. Conflicts. In the event of any conflict between these Terms of Service and any Order Form or other written agreement, such Order Form (or other written agreement) will take precedence with regard to your rights and obligations with respect to the Services.