Terms Of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “user”) and EmotionallyCrazyDaily.com (“we,” “us,” “our,” or the “Company”), governing your access to and use of our website located at https://emotionallycrazydaily.com (the “Site”) and any related services, including water sport activity bookings, newsletter subscriptions, and related content (collectively, the “Services”).

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Site and Services.

2. Eligibility

To use our Site and Services, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. If you are under 18, you may only use the Site with the involvement and consent of a parent or legal guardian, and such parent or guardian must agree to be bound by these Terms on your behalf.

Certain water sport activities may have specific age, health, and fitness requirements. You acknowledge that participation eligibility for individual activities will be determined at the time of booking and may require additional waivers or medical clearances.

3. Description of Services

EmotionallyCrazyDaily.com provides information about and facilitates bookings for water sport activities in the Miami Beach area. Our Services include, but are not limited to:

• Jet Ski rentals and guided tours
• Surfing lessons and equipment rental
• Parasailing experiences (including couple packages)
• Wind surfing sessions
• Newsletter and promotional content about events, offers, and updates
• Informational content about Miami Beach water sports and related activities

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Bookings, Payments & Cancellations

4.1 Booking Confirmation

All bookings made through the Site are subject to availability. A booking is confirmed only when you receive a written confirmation from us via email. We reserve the right to refuse or cancel any booking at our discretion, including in cases of pricing errors, suspected fraud, or capacity limitations.

4.2 Pricing & Payment

All prices displayed on the Site are in US Dollars (USD) unless otherwise stated. Prices are subject to change without notice. Payment is required at the time of booking unless otherwise specified. We accept major credit cards, debit cards, and other payment methods as indicated at checkout. You agree to provide accurate and complete payment information and authorize us to charge the full booking amount to your selected payment method.

4.3 Cancellation & Refund Policy

• Cancellations made 48 hours or more before the scheduled activity: Full refund minus any applicable processing fees.
• Cancellations made between 24–48 hours before the scheduled activity: 50% refund of the total booking amount.
• Cancellations made less than 24 hours before the scheduled activity or no-shows: No refund will be issued.

All cancellation requests must be submitted in writing to support@emotionallycrazy.com.

4.4 Weather & Safety Cancellations

If an activity is cancelled by us due to unsafe weather conditions, mechanical issues, or other circumstances beyond our control, you will be offered the choice of rescheduling to another available date or receiving a full refund. We will not be liable for any additional costs, travel expenses, or consequential damages resulting from such cancellations.

5. User Conduct

When using our Site and Services, you agree to the following:

• You will comply with all applicable local, state, national, and international laws and regulations.
• You will provide accurate, current, and complete information when making bookings, creating accounts, or communicating with us.
• You will not use the Site for any unlawful, fraudulent, or harmful purpose.
• You will not attempt to gain unauthorized access to any portion of the Site, other accounts, servers, or networks.
• You will not interfere with or disrupt the operation of the Site or its associated infrastructure.
• You will not use automated systems, bots, scrapers, or similar technology to access the Site without our written permission.
• You will not upload, transmit, or distribute any viruses, malware, or other harmful code.
• You will not use the Site to send unsolicited communications or spam.
• You will not impersonate any person or entity or misrepresent your affiliation with any person or entity.

Violation of these rules may result in termination of your access to the Site and Services, and may also expose you to civil or criminal liability.

6. User Accounts

Certain features of our Site may require you to create an account. When creating an account, you agree to provide truthful and accurate information and to keep your login credentials confidential. You are solely responsible for all activity that occurs under your account. If you suspect any unauthorized use of your account, you must notify us immediately at support@emotionallycrazy.com.

We reserve the right to suspend or terminate any account at any time, with or without cause, and with or without notice.

7. Intellectual Property

All content on the Site — including but not limited to text, graphics, logos, images, photographs, videos, audio clips, page layouts, software, and the overall design and arrangement thereof — is the property of EmotionallyCrazyDaily.com or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from the Site without our prior written consent.
• Use our trademarks, service marks, logos, or trade names without our written permission.
• Frame, mirror, or use any meta tags or hidden text utilizing our intellectual property.
• Download, copy, or extract content from the Site using scraping, data mining, or similar methods.

8. User-Generated Content

Our Site may allow you to submit content such as testimonials, reviews, comments, photographs, or other materials (“User Content”). By submitting User Content, you:

• Grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in any media format and through any channel, for marketing, promotional, or operational purposes.
• Represent and warrant that you own or control all rights to the User Content, that it is accurate, and that its use does not violate these Terms, any applicable law, or the rights of any third party.
• Acknowledge that we have no obligation to publish, display, or retain any User Content and may remove it at our sole discretion.

You must not submit User Content that is defamatory, obscene, threatening, harassing, discriminatory, infringes on the intellectual property rights of others, or is otherwise objectionable.

9. Assumption of Risk & Safety

By participating in any water sport activity booked through our Site, you voluntarily assume all risks associated with such activity, whether known or unknown, foreseeable or unforeseeable. These risks include, but are not limited to:

• Drowning, near-drowning, or submersion injuries
• Collisions with watercraft, other participants, marine life, or fixed/floating objects
• Equipment failure or malfunction
• Adverse weather and changing water conditions including waves, currents, tides, and storms
• Sun exposure, heat exhaustion, dehydration, and hypothermia
• Sprains, fractures, cuts, bruises, and other bodily injuries
• Marine animal encounters including stings, bites, and allergic reactions

You agree that you are physically and medically fit to participate in the activity you have booked and that you will disclose any medical conditions, disabilities, or limitations to our staff prior to participation. You agree to follow all safety instructions, rules, and guidelines provided by our instructors and staff at all times. You acknowledge that a separate liability waiver may be required before participation.

Participants under the influence of alcohol, drugs, or any impairing substances will not be permitted to participate, and no refund will be provided in such cases.

10. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE.

We do not guarantee that the information on our Site regarding activity availability, pricing, schedules, or conditions is always current or accurate. Any reliance you place on such information is at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMOTIONALLYCRAZYDAILY.COM, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or goodwill
• Personal injury or property damage arising from your use of or inability to use the Site or Services
• Any unauthorized access to or alteration of your transmissions or data
• Damages relating to the conduct of any third party on the Site
• Any other matter relating to the Site or Services

IN ANY CASE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless EmotionallyCrazyDaily.com, its owners, directors, officers, employees, agents, partners, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Site or Services
• Your violation of these Terms
• Your violation of any applicable law or the rights of any third party
• Any User Content you submit or transmit through the Site
• Your participation in any water sport activity

This indemnification obligation shall survive the termination of these Terms and your use of the Site.

13. Third-Party Links & Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such third-party sites.

We strongly recommend that you review the terms and privacy policies of any third-party website you visit.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Our Privacy Policy is incorporated into these Terms by reference. By using the Site, you consent to the practices described in our Privacy Policy.

15. Termination

We may terminate or suspend your access to the Site and Services, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Site will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, the assumption of risk, indemnification, and limitations of liability.

16. Governing Law & Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles.

16.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to binding arbitration administered in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association (AAA). The arbitrator’s decision shall be final and binding upon both parties.

16.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

16.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court in Miami-Dade County, Florida, for disputes within the court’s jurisdictional limits.

17. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the “Last Updated” date at the top of this page and may provide additional notice through the Site or via email. Your continued use of the Site after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site immediately.

We encourage you to review these Terms periodically to stay informed of any updates.

18. Severability & Entire Agreement

Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any additional agreements or waivers you may sign in connection with specific activities, constitute the entire agreement between you and EmotionallyCrazyDaily.com regarding the use of the Site and Services, and supersede all prior agreements, communications, and understandings, whether written or oral.

Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may freely assign these Terms without restriction.

19. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Email: support@emotionallycrazy.com
• Website: https://emotionallycrazydaily.com
• Address: 1234 Pan American Drive Pier 9, Slip 24, Miami, FL 12345, United States