WEBSITE TERMS OF USE

Effective Date: August 27, 2026
Last Updated: August 27, 2026

These Website Terms of Use (“Terms”) govern your access to and use of https://schoonmakermarina.com/ and any webpage, form, content, or online service that links to these Terms (collectively, the “Website”).

The Website is operated for Schoonmaker Point Marina (“Schoonmaker Point Marina,” “SPM,” “we,” “us,” or “our”).

Please read these Terms carefully. By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

1. Website Purpose

The Website provides general information about Schoonmaker Point Marina, including marina facilities, berths, moorage, storage, waterfront office space, rates, applications, amenities, and the surrounding Sausalito area.

Website content is provided for informational purposes. It is not a binding offer, reservation confirmation, lease, license, guarantee of availability, navigational instruction, emergency service, or professional advice.

2. Separate Marina Agreements

Marina services may be governed by separate applications, reservations, leases, licenses, marina rules, rate schedules, waivers, or other written agreements.

If these Terms conflict with a separate signed agreement concerning marina services, the separate agreement controls with respect to those services.

Submitting an inquiry or application does not guarantee acceptance, availability, a particular berth, a particular rate, or the provision of any service.

3. Eligibility and Authority

You must be legally capable of entering into a binding agreement to use the Website.

If you use the Website on behalf of a company, vessel owner, charter operator, crew, organization, or another person, you represent that you have authority to act for that person or organization.

The Website is not intended for use by children under 16.

4. Information, Rates, and Availability

We attempt to provide accurate and current information, but marina availability, rates, amenities, dimensions, operating hours, policies, and service descriptions may change.

Website information may contain typographical errors, outdated information, or technical inaccuracies. Photographs, maps, illustrations, and descriptions may not depict current conditions or precise measurements.

You should confirm material information directly with the marina before relying on it, traveling to the marina, submitting payment, or making operational decisions.

5. Applications and User Submissions

You may be able to submit inquiries, applications, messages, documents, photographs, vessel information, and other materials through or in connection with the Website.

You represent that:

  • Information you submit is accurate and not misleading;

  • You have the right to submit the information and supporting materials;

  • Your submission does not violate another person’s privacy, intellectual-property, contractual, or other rights;

  • You will not submit malware, unlawful material, or information obtained without authorization; and

  • If you submit information about another person, you have authority or another lawful basis to do so.

You retain ownership of materials you submit. You grant us a nonexclusive right to receive, copy, store, review, use, and disclose those materials as reasonably necessary to respond to you, process an application, provide requested services, administer a customer relationship, protect security, comply with law, or carry out another purpose disclosed when the materials are submitted.

Please do not submit unnecessary sensitive information through a general inquiry form.

6. Privacy

Our collection and use of personal information are described in the Schoonmaker Point Marina Privacy Policy, available at:

https://schoonmakermarina.com/privacy-policy/

The Privacy Policy is incorporated into these Terms by reference. If these Terms conflict with the Privacy Policy concerning the collection, use, or disclosure of personal information, the Privacy Policy controls.

7. Electronic Communications and California Privacy Notice

When you voluntarily submit a website form, send us an email, leave a message, or otherwise direct a communication to us, you authorize us and service providers acting on our behalf to receive, transmit, process, and store that communication for the purpose of responding to you, processing your request, protecting security, and administering our relationship with you.

This authorization applies only to communications directed to us. It does not authorize interception or recording of unrelated communications and does not waive any privacy right that cannot lawfully be waived.

The current Website does not use session-replay software or live-chat recording technology to recreate or record the contents of Website sessions.

If we later introduce technology designed to record or reconstruct the contents of a communication, such as session replay, recorded live chat, or telephone-call recording, we will provide notice and obtain consent before recording where required by law.

We do not record telephone calls unless we first provide notice and obtain any consent required by applicable law.

Technical systems may create routine records of website requests, timestamps, IP addresses, device information, form submissions, and security events. These records are used for website delivery, security, fraud prevention, and diagnostics.

8. Telephone, Email, and Text Communications

You may contact us using the telephone number or email address displayed on the Website.

By providing contact information, you authorize us to respond regarding your inquiry, application, reservation, account, agreement, safety matter, or requested service.

Providing a telephone number through a general inquiry does not, by itself, constitute consent to receive automated marketing calls or marketing text messages. If we request consent for automated or promotional communications, that consent will be presented separately where required by law.

You may opt out of promotional email by using the unsubscribe method in the message or contacting us. We may still send non-promotional communications relating to an active inquiry, application, account, agreement, transaction, security issue, or legal obligation.

9. Cookies and Third-Party Technologies

The Website may use cookies and similar technologies for website operation, security, spam prevention, accessibility preferences, and other purposes described in our Privacy Policy.

The Website currently uses Google reCAPTCHA and may display Google Maps. Those services may receive technical information from your browser or device and are governed by Google’s applicable terms and privacy practices.

Where legally required, we will request consent before activating nonessential technologies. You may manage available choices through the Website’s cookie or privacy-preference control.

10. No Emergency, Safety, or Navigational Services

The Website is not monitored as an emergency communication system.

Do not use a Website form or email to report an emergency, fire, medical issue, vessel in distress, active security threat, pollution incident, or other urgent condition.

For an emergency, contact 911, the United States Coast Guard, the appropriate harbormaster or emergency authority, or another suitable emergency service.

Website maps, photographs, marina descriptions, water-depth references, distances, dimensions, and directions are not navigational charts or safety instructions. Mariners remain responsible for current charts, notices, weather, tides, vessel clearances, seamanship, and compliance with applicable rules.

11. Permitted Use

You may use the Website for lawful personal or business purposes related to learning about or requesting Schoonmaker Point Marina services.

You may not:

  • Violate any applicable law or regulation;

  • Attempt to gain unauthorized access to the Website, server, forms, accounts, or connected systems;

  • Probe, scan, or test system vulnerabilities without written authorization;

  • Introduce malware, malicious code, automated abuse, or harmful material;

  • Interfere with Website operation or another person’s use;

  • Circumvent access controls, CAPTCHA protections, or security measures;

  • Scrape, harvest, or collect personal information from the Website;

  • Use bots or automated tools in a manner that burdens or disrupts the Website;

  • Impersonate another person or misrepresent your identity or authority;

  • Submit false, fraudulent, defamatory, infringing, or unlawful material;

  • Use Website content to create a misleading affiliation or endorsement; or

  • Use the Website or its content for an unlawful, harmful, or fraudulent purpose.

12. Intellectual Property

The Website and its text, photographs, graphics, logos, designs, videos, layout, and other content are owned by or licensed to Schoonmaker Point Marina and are protected by applicable intellectual-property laws.

Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for its intended informational purposes.

You may not reproduce, distribute, publicly display, modify, sell, license, or create derivative works from Website content without prior written permission, except as permitted by law.

Third-party names, logos, and trademarks belong to their respective owners. Their appearance does not necessarily indicate sponsorship or endorsement.

13. Third-Party Links and Services

The Website may link to or display services operated by third parties, including Google Maps, local businesses, transportation providers, attractions, restaurants, and other external resources.

Third-party services are provided for convenience. We do not control and are not responsible for their content, availability, security, terms, representations, or privacy practices.

Your dealings with a third party are between you and that third party. You should review the third party’s terms and privacy policy before using its service or providing information.

14. Website Security

You are responsible for using reasonable safeguards when accessing the Website, including maintaining current software and protecting your devices and accounts.

You must notify us promptly if you reasonably believe the Website or information submitted to us has been accessed or used without authorization.

We may investigate suspected misuse and may cooperate with service providers, insurers, law enforcement, courts, or governmental authorities where permitted or required by law.

15. Suspension and Termination

We may restrict, suspend, or terminate access to all or part of the Website if we reasonably believe a user has:

  • Violated these Terms;

  • Created a security, operational, or legal risk;

  • Used the Website unlawfully or fraudulently; or

  • Interfered with the rights or use of another person.

We may also modify, suspend, or discontinue Website functionality at any time.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT WEBSITE INFORMATION WILL ALWAYS BE CURRENT OR COMPLETE.

NOTHING IN THIS SECTION DISCLAIMS A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SCHOONMAKER POINT MARINA AND ITS OWNERS, AFFILIATES, PERSONNEL, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE WEBSITE.

THIS INCLUDES LOSS OF DATA, LOSS OF USE, LOSS OF REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, OR DAMAGE RESULTING FROM RELIANCE ON WEBSITE INFORMATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR CLAIMS ARISING SOLELY FROM USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF:

  • The amount you paid us specifically for use of the Website during the six months preceding the event giving rise to the claim; or

  • One hundred United States dollars ($100).

These limitations do not apply to liability that cannot lawfully be limited, or to liability governed by a separate written marina agreement.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the provisions apply only to the maximum extent permitted by law.

18. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Schoonmaker Point Marina and its owners, affiliates, personnel, and agents from third-party claims, damages, liabilities, judgments, costs, and reasonable attorneys’ fees arising from:

  • Your unlawful use of the Website;

  • Your material violation of these Terms;

  • Material you submit through the Website;

  • Your infringement or violation of another person’s rights; or

  • Your fraudulent or willful misconduct.

This obligation does not apply to the extent a claim results from our own unlawful conduct.

19. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute arising solely from these Terms or use of the Website must be brought in a state or federal court having jurisdiction in Marin County, California, unless applicable law requires another location.

Before filing a lawsuit concerning the Website, the parties are encouraged to provide written notice of the dispute and attempt in good faith to resolve it informally. This does not prevent either party from seeking urgent injunctive relief or pursuing a claim before a limitations period expires.

20. Changes to These Terms

We may revise these Terms to reflect changes in the Website, our practices, or applicable law. Revised Terms will be posted with an updated “Last Updated” date.

Changes apply prospectively when posted unless a later date is stated. Your continued use of the Website after the effective date of revised Terms constitutes acceptance of the revised Terms.

21. General Provisions

These Terms and the Privacy Policy constitute the agreement concerning use of the Website, but do not replace a separate marina application, reservation, lease, license, or other service agreement.

If a provision is found unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a transfer, financing, reorganization, or change in control of the marina or Website.

Headings are provided for convenience and do not limit the meaning of any provision.

22. Contact Us

Questions about the Website or these Terms may be directed to:

Schoonmaker Point Marina
85 Liberty Ship Way, Suite 205
Sausalito, CA 94965
United States

Email: office@schoonmakermarina.com
Telephone: (415) 331-5550