Terms of Service
Last updated: March 21, 2025
These Terms of Service (the "Agreement") govern your access to and use of the services provided by Top Fun Charters (operated by Get Serious LLC, a Florida limited liability company). By accessing or using our services, you agree to form a binding contract with Top Fun Charters and to adhere to these terms.
Definitions
"Top Fun Charters" refers to Get Serious LLC, including its officers, directors, employees, agents, affiliates, contractors, licensors, business partners, successors and assigns.
"Captain" refers to the individual(s) assigned by Top Fun Charters to provide services to you, or, in the case of a bareboat charter, the captain and crew you have hired.
"Services" refers to the information and services provided or made available by Top Fun Charters. "You" refers to the user of the Services who has accepted this Agreement.
Eligibility
You represent that you can form a binding contract with Top Fun Charters, are over 18 years of age (or an adult in your jurisdiction), and will use the Services in compliance with this Agreement and all applicable laws.
Top Fun Charters reserves the right to refuse service to anyone and to reject, cancel, interrupt, remove or suspend access to the Services at any time. Unless stated otherwise, the Services are directed to individuals and entities located in the United States.
Your license to use the Services
Top Fun Charters grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use, subject to your eligibility and compliance with this Agreement.
You may not use the Services for any purpose that is unlawful, fraudulent or deceptive; that harasses or violates the rights of others; that introduces harmful code; or that is commercial in nature. You also agree not to interfere with or distract the Captain while services are being performed.
User responsibilities
You access or use the Services at your own risk and are solely responsible for your use of the Services and for the passengers aboard the vessel.
If you register an account, you are responsible for maintaining accurate information and for safeguarding your password and any activity under your account. You must provide any information requested by the U.S. Coast Guard or other agencies in the event of an investigation related to Top Fun Charters, its Services or its Captains.
Fees
Fees for the Services are charged at the time of booking unless other arrangements have been made in writing and approved by Top Fun Charters. A Captain will not be dispatched, and a boat will not be provided, until all such fees are paid in full.
Privacy
Any information you provide to Top Fun Charters is subject to our Privacy Policy, which governs the collection and use of your information. By using the Services, you consent to the collection and use of your information as described there.
As part of providing the Services, Top Fun Charters may send you announcements and administrative messages, and may contact you by telephone and/or text message for marketing purposes.
Assumption of risk & limitation of liability
Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis, without warranties of any kind. Boating and water activities involve known and unknown risks, including drowning, physical injury, property loss and, in extreme cases, death.
To the maximum extent permitted by law, you agree to release, waive and discharge Top Fun Charters from claims arising out of your receipt of the Services, and to indemnify and hold Top Fun Charters harmless from such claims. Top Fun Charters shall not be liable for indirect, incidental, special, consequential or punitive damages, and in no event shall its aggregate liability exceed the amount you paid in the prior twelve months for the Services giving rise to the claim.
General terms
Any dispute arising under this Agreement shall be heard only in a federal or state court in the State of Florida within Manatee County, and this Agreement is interpreted under Florida law.
This Agreement represents the complete agreement between you and Top Fun Charters regarding its subject matter. If any provision is held invalid, the remaining provisions continue in full force and effect.
Contact
If you have any questions about this Agreement, please contact us at info@topfuncharters.com.
Questions about this policy? Contact us at info@topfuncharters.com.