Terms of Service

Find A Capt: Last Updated: 8/20/26

1. Overview of Services

Find A Capt is a platform operated by findacapt.com (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of www.findacapt.com and any related services, applications, and features (collectively, the “Platform”). By accessing, browsing, registering with, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

Find A Capt is a technology platform that helps users discover and connect with independent marine professionals, including licensed captains, delivery captains, charter captains, fishing guides, instructors, mates, deckhands, and other vessel operators or marine service providers (collectively, “Captains”).

The Platform is an informational directory and introduction service only. Any relationship formed as a result of an introduction made through the Platform is solely between you and the Captain.

2. Credential Verification & User Responsibilities

Captains listed on the Platform have completed an application and review process, which includes verification of their merchant mariner credential against the national credential database maintained by the U.S. Coast Guard National Maritime Center at the time of initial listing.

This verification reflects credential status as of the date of listing only. Find A Capt does not conduct ongoing, periodic, or continuous monitoring of credential status and makes no representation that any Captain’s credential remains valid, active, unrestricted, or in good standing at any time after initial verification. Credentials may subsequently expire, lapse, be suspended, revoked, downgraded, restricted, surrendered, or otherwise become invalid, and required endorsements, medical certificates, radio operator permits, TWIC cards, state licenses or registrations, or drug and alcohol testing compliance may lapse, in each case without notice to Find A Capt.

Find A Capt does not verify, and makes no representation regarding:

Users are solely responsible for conducting their own due diligence before contacting or engaging any Captain, including independently confirming current credential status, endorsements, insurance, vessel condition, and qualifications directly with the Captain and with the relevant authorities. Users are encouraged to verify credentials and vessel information through official sources, including:

3. Captain Responsibilities

Captains listed on the Platform represent, warrant, and agree that they:

Find A Capt does not verify ongoing regulatory or credential compliance after initial acceptance. Failure to maintain accurate profile information is a material breach of these Terms and may result in immediate removal without notice or refund.

4. Assumption of Risk & Safety Acknowledgment

Boating, fishing, diving, watersports, vessel delivery, instruction, and related on-water and near-water activities are inherently dangerous. Risks include but are not limited to drowning; capsizing, sinking, grounding, collision, allision, and fire; severe or rapidly changing weather, sea state, current, tide, and visibility conditions; mechanical, electrical, structural, or equipment failure; slips, falls, and impacts aboard a moving vessel; hooks, lines, propellers, machinery, and other equipment; marine life; exposure, seasickness, dehydration, hypothermia, and heat illness; carbon monoxide; limited or unavailable medical care, communications, or rescue; remoteness from shore; delay, diversion, or stranding; and the negligence, error, impairment, incapacity, or misconduct of a Captain, crew member, other passenger, or third party.

By using the Platform and by engaging any Captain, you knowingly and voluntarily assume all such risks, whether known or unknown, foreseen or unforeseen, and whether arising from the negligence of any party or otherwise.

You acknowledge and agree that:

You engage Captains entirely at your own risk.

5. No Endorsements or Guarantees

6. Transactions Between Users and Captains

All bookings, charters, agreements, deposits, payments, cancellations, refunds, rescheduling, weather policies, gratuities, fuel and dockage arrangements, insurance requirements, waivers, and dispute resolution are agreed directly between you and the Captain. Find A Capt is not a party to and takes no responsibility for any such arrangement.

Find A Capt does not collect, hold, escrow, process, disburse, or guarantee any payment between users and Captains, and does not set, review, or control pricing. Find A Capt has no obligation to mediate, arbitrate, refund, credit, compensate, or otherwise resolve any dispute between a user and a Captain, and any assistance we may voluntarily provide in any instance creates no obligation to do so in any other instance.

You are strongly encouraged to obtain a written agreement with any Captain covering scope, price, cancellation and weather policy, capacity, insurance, and liability, and to confirm independently that appropriate insurance is in force before any funds are paid or any vessel is boarded.

7. Compensation Disclosure & Conflicts of Interest

Find A Capt operates a tiered visibility system. Accepted Captains may receive a profile page on the Platform. Captains on paid tiers may receive enhanced placement, priority positioning, additional profile features, lead access, or promotional or content services based on their membership tier. Current tiers and pricing are disclosed at the time of enrollment and may change from time to time.

Users should independently assess all Captains regardless of tier, placement, or visibility.

8. User Content & License Grant

The Platform may allow users and Captains to submit reviews, ratings, comments, photographs, video, profile information, vessel information, messages, and other content (“User Content”). By submitting User Content, you:

Find A Capt is not responsible or liable for the content, accuracy, or completeness of any User Content, including any statement made by a Captain about credentials, insurance, vessels, or experience.

Feedback. Any suggestions, ideas, or feedback you provide about the Platform are non-confidential, and you grant us an unrestricted, royalty-free right to use them without obligation or compensation.

9. Intellectual Property

All content on the Platform — including text, software, design, images, data, compilations, and the overall look and feel — is owned by “findcapt.com” or its licensors and is protected by U.S. and international intellectual property laws. All rights not expressly granted are reserved.

The Find A Capt name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of “findcapt.com”. You may not use them without our prior written permission.

Subject to these Terms, you are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for its intended personal or internal business purpose. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any portion of the Platform, including its listing data or compilation of listings, without our express written permission.

10. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

11. Eligibility & Account Security

You must be at least 18 years of age and capable of forming a binding contract to use the Platform or create an account. The Platform is not directed to children, and we do not knowingly collect information from anyone under 13.

Registered accounts, including Captain accounts, are personal to the account holder. You are responsible for:

Find A Capt reserves the right to refuse, suspend, remove, or terminate any account or listing at any time, with or without notice, for any reason or no reason, including suspected violation of these Terms, credential concerns, or safety concerns. We may remove a listing at any time and are under no obligation to do so in any particular case.

12. Reporting Concerns

If you believe a Captain has misrepresented credentials, insurance, or a vessel, is operating unlawfully, or has been involved in an unsafe incident, you may notify us at [contact@findacapt.com]. We may, but are not obligated to, review, investigate, or act on any report. Reports to Find A Capt are not a substitute for reporting to appropriate authorities. Emergencies should be directed to the U.S. Coast Guard, local marine patrol, or 911. Find A Capt is not an emergency service and does not monitor communications in real time.

13. Digital Millennium Copyright Act (DMCA)

Find A Capt respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Platform infringes your copyright, send written notice to our designated agent:

DMCA Agent: “findcapt.com”, contact@findacapt.com

Your notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) the URL or location of the allegedly infringing material; (4) your contact information; (5) a statement that you have a good faith belief the use is not authorized; and (6) a statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on the owner’s behalf.

We will respond to valid notices by removing or disabling access to the allegedly infringing content, and it is our policy to terminate, in appropriate circumstances, the accounts of repeat infringers.

14. Disclaimers & Warranties

THE PLATFORM AND ALL CONTENT, LISTINGS, DATA, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Find A Capt does not warrant that: (a) the Platform will be uninterrupted, timely, error-free, or secure; (b) any listing, credential verification result, profile, review, or other information is accurate, complete, current, or reliable; (c) the Platform is free of viruses or other harmful components; or (d) any Captain is licensed, insured, competent, available, lawful, safe, or suitable for your intended purpose.

FIND A CAPT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SAFETY, SEAWORTHINESS, CONDITION, LEGAL COMPLIANCE, OR INSURANCE OF ANY VESSEL, OR THE COMPETENCE, CREDENTIAL STATUS, SOBRIETY, JUDGMENT, OR CONDUCT OF ANY CAPTAIN OR CREW MEMBER. You assume all risk arising from your use of the Platform and from any engagement with any Captain.

Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [LEGAL ENTITY NAME] OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, USE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND A CAPT SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO: THE ACTS, OMISSIONS, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, IMPAIRMENT, OR WILLFUL MISCONDUCT OF ANY CAPTAIN, CREW MEMBER, VESSEL OWNER, PASSENGER, OR THIRD PARTY; THE CONDITION, OPERATION, OR SEAWORTHINESS OF ANY VESSEL; ANY MARINE CASUALTY, COLLISION, ALLISION, GROUNDING, SINKING, FIRE, CAPSIZING, MAN-OVERBOARD, OR DROWNING; ANY BODILY INJURY, ILLNESS, DEATH, EMOTIONAL DISTRESS, OR PROPERTY LOSS OR DAMAGE; ANY EXPIRED, LAPSED, SUSPENDED, REVOKED, RESTRICTED, OR MISREPRESENTED CREDENTIAL OR INSURANCE; ANY WEATHER, SEA STATE, DELAY, DIVERSION, CANCELLATION, OR NON-PERFORMANCE; OR ANY DISPUTE, PAYMENT, OR TRANSACTION BETWEEN A USER AND A CAPTAIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF [LEGAL ENTITY NAME] FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100); OR (B) THE TOTAL FEES PAID BY YOU TO FIND A CAPT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation applies to all theories of liability, including contract, tort, negligence, strict liability, product liability, statute, and admiralty or maritime law, and survives termination of these Terms.

Savings clause. Nothing in these Terms is intended to limit or disclaim any liability that cannot be limited or disclaimed under applicable law, including 46 U.S.C. § 30527 and any other law restricting limitations of liability for personal injury or death. If any limitation in this Section is held unenforceable as to a particular claim or party, it shall be enforced to the greatest extent permitted and shall remain fully effective as to all other claims and parties. Some jurisdictions do not allow certain limitations, and in those jurisdictions our liability is limited to the greatest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless “findcapt.com” and its affiliates, officers, directors, members, employees, contractors, agents, and licensors from and against any claims, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Find A Capt reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

17. Third-Party Services & Links

Find A Capt uses third-party services to operate the Platform, including analytics, hosting, database, payment processing, messaging, email, and automation providers. These third parties handle data according to their own privacy policies, and Find A Capt does not control how they process data. See our Privacy Policy for details.

The Platform may contain links to external websites, including Captain-operated sites, booking tools, weather and charting services, and regulatory resources. Find A Capt is not responsible for the content, accuracy, availability, privacy practices, or data practices of any third-party site or service, and inclusion of a link is not an endorsement.

18. Termination & Modifications

Find A Capt may suspend, restrict, or terminate access to the Platform for any user or Captain who violates these Terms, or for any other reason, without notice and without liability. Upon termination, your license to use the Platform ends immediately. Paid Captain memberships are subject to the applicable membership or vendor agreement; termination for breach does not entitle you to a refund.

We reserve the right to modify these Terms at any time. Notice of material changes will be provided by email or by posting on the Platform, and the “Last Updated” date will be revised. Continued use after the effective date constitutes acceptance of the revised Terms.

19. Dispute Resolution & Arbitration

Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent governed by the federal maritime law of the United States. Nothing in this provision confers admiralty or maritime jurisdiction over Find A Capt, and Find A Capt expressly denies that it is a vessel owner, operator, carrier, or employer for any purpose.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Suffolk County, NY. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve questions of arbitrability, except that questions concerning the enforceability of the Class Action Waiver shall be decided by a court.

Class Action Waiver. You agree to resolve disputes individually and waive any right to participate in a class, collective, consolidated, or representative proceeding against Find A Capt. If this waiver is held unenforceable as to any claim, that claim shall be severed and proceed in court, and the remaining claims shall proceed in arbitration.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, WHETHER IN ARBITRATION OR COURT, EXCEPT WHERE A SHORTER OR LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. ANY CLAIM NOT BROUGHT WITHIN THIS PERIOD IS PERMANENTLY BARRED.

Small Claims Exception. Either party may bring an individual claim in small claims court in lieu of arbitration for disputes within that court’s jurisdiction.

Injunctive Relief. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

20. General Provisions

Force Majeure. Find A Capt shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, hurricanes, tropical storms, severe weather, flooding, natural disasters, epidemics or pandemics, government or Coast Guard action, port or waterway closures, fuel shortages, labor disputes, internet or infrastructure outages, or cyberattacks.

No Agency or Joint Venture. Nothing in these Terms creates a joint venture, partnership, franchise, agency, employment, principal-agent, master-servant, borrowed-servant, or similar relationship between Find A Capt and any user or Captain. Captains are independent parties and are not authorized to act for or bind Find A Capt in any capacity. No Captain, crew member, or user is an employee, borrowed servant, or seaman of Find A Capt for any purpose, including under the Jones Act or any other maritime or employment statute.

Electronic Communications. By using the Platform or creating an account, you consent to receive disclosures, notices, agreements, and other communications from Find A Capt electronically, including by email and by notices posted on the Platform, and you agree that electronic communications satisfy any legal requirement that such communications be in writing. You are responsible for maintaining a valid email address and your ability to receive electronic communications. If you provide a mobile number, you consent to receive service-related messages; message and data rates may apply, and you may opt out of non-essential messages at any time.

Geographic Restrictions. The Platform is intended for use by residents of the United States. Find A Capt makes no representation that the Platform or its content is appropriate, available, or legally permitted outside the United States. If you access the Platform from outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local law. Find A Capt disclaims all liability arising from international access or use, and from any activity occurring in foreign or international waters.

Entire Agreement. These Terms, together with the Privacy Policy and any applicable Captain or Vendor Agreement, constitute the entire agreement between you and “findcapt.com” relating to the Platform and supersede all prior agreements, representations, and understandings.

Severability. If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

Waiver. No waiver of any term shall be deemed a continuing waiver, and no failure to assert a right or provision shall constitute a waiver of that right or provision.

Survival. The following survive termination: Section 4 (Assumption of Risk), Section 8 (User Content & License Grant), Section 9 (Intellectual Property), Section 13 (DMCA), Section 14 (Disclaimers), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 19 (Dispute Resolution), and Section 20 (General Provisions).

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Find A Capt may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets.

Headings. Section headings are for convenience only and do not affect interpretation.

21. Contact Information

Find A Capt — “findcapt.com”

Email: contact@findacapt.com

Website: https://findacapt.com