Last modified: 05/04
Please read carefully—this is a binding contract. By creating an account, booking, requesting a quote, submitting a work order, clicking “I Agree”, or using any website, mobile site, or service that links to these Terms (the “Site”), you agree to these Terms of Use & Service (the “Terms”) with Onyx Elevated Experiences LLC (“Company,” “we,” “our,” or “us”). If you do not agree, do not use the Site or our services.
Onyx Elevated Experiences LLC, a Florida limited liability company
Principal place of business: Miami‑Dade County, Florida
Contact: [email protected] | (786) 505-4259
You must be at least 18 (or the age of majority where you live) to use the Site or request services. You are responsible for your account credentials and for all activity under your account. We may provide notices and records electronically; by using the Site you consent to receive electronic communications.
You will not: (a) misuse, reverse‑engineer, or interfere with the Site; (b) upload unlawful, infringing, or harmful content; (c) violate others’ rights; (d) attempt to circumvent security; or (e) use the Site for competitive intelligence or scraping.
Unless a fixed price is expressly stated, any quote is an estimate only and may change based on actual time, materials, parts, vendor charges, and conditions discovered. You authorize us to charge your chosen payment method (including credit or debit card) for deposits, progress invoices, balances, storage, change orders, and other agreed charges. Payment of any invoice constitutes acceptance of the invoice contents and authorization of the listed charges. All amounts are due as stated on the invoice and, in any event, before release of any vessel or within 2 days of invoice, whichever occurs first. Finance charges accrue on past‑due amounts at 1.5% per month (18% APR) or the maximum rate allowed by law, whichever is less.
4.1 Card Payment Authorization & Chargeback Policy. By submitting payment through our secure Stripe invoice or payment link, you expressly acknowledge and agree that:(a) You are the authorized cardholder or have full authority to use the payment method provided. (b) You authorize Onyx Elevated Experiences LLC (Sail Onyx) to charge your card for the amounts stated on the applicable invoice, including deposits, labor allocation, materials procurement, scheduling, administrative handling, storage, and any approved change orders. (c) Payment constitutes confirmation that the services described in the invoice were requested, scheduled, performed, allocated, or secured on your behalf. (d) Diagnostic fees, visit charges, mobilization, deposits, labor allocation, and materials procurement are non-refundable unless explicitly stated otherwise in writing. (e) Any billing concern must be submitted to [email protected] within 7 calendar days of invoice date before initiating a chargeback with your card issuer. (f) Filing a chargeback without first attempting good-faith resolution directly with the Company may constitute breach of this Agreement.
Nothing herein limits any rights you may have under applicable law.
These terms apply when you ask us to service, repair, transport, haul/launch, or store a vessel (the “Vessel”):
5.1 Authorization & Scope. By approving a work order/ estiamte, you authorize the described work (the “Work”). We may subcontract in our discretion. Hidden conditions, code requirements, and Owner changes may require additional Work billed on a time‑and‑materials basis unless a written change order states otherwise.
5.2 Deposits; Progress Draws; Final Payment. A deposit is due on approval; progress draws may be invoiced as parts are ordered or milestones reached; the remaining balance is due before release or within 2 days of invoice, whichever comes first. No setoff or back‑charges.
5.3 Scheduling & Delays. Completion dates are targets only; we are not liable for delays outside our reasonable control (e.g., parts availability, weather, strikes, vendor delays, acts of God).
5.4 Authorization to Operate; Risk; No Bailment. You authorize us to move, operate, haul/launch, test, sea‑trial, and moor the Vessel as reasonably necessary. You bear the risk of loss to the Vessel, gear, and personal property except to the extent directly caused by our gross negligence or willful misconduct. No bailment is created. You agree to maintain hull/P&I insurance and waive subrogation to the extent permitted by law.
5.5 Warranties; Exclusive Remedy. We warrant our labor and Company‑furnished materials for 30 days after completion; our liability is limited to re‑performance or replacement at our option. No warranty applies to Owner‑supplied or third‑party equipment (manufacturer warranties apply), misuse, neglect, normal wear, corrosion/electrolysis, contaminants, or conditions beyond our control. EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS.
5.6 Claims & Limitations Period. You must provide written notice of any claim within 14 days after delivery or completion (whichever comes first). Any action must be commenced within 1 year after completion/delivery.
5.7 Lien & Possession. We provide “necessaries” to the Vessel and hold a maritime lien; we may proceed in rem and also assert any possessory lien until paid in full. We do not release the Vessel until all sums are paid. 46 U.S. Code § 31342 – Establishing maritime liens
5.8 Storage & Abandonment. Beginning on the 5th day after notice of completion, storage accrues at $145/day until pickup. If the Vessel is not removed within 14 days after notice, we may treat it as abandoned as permitted by law and pursue all available remedies, including continued storage, liens, and judicial sale.
5.9 Indemnity (Third‑Party Claims). Except to the extent caused by our gross negligence, you agree to defend, indemnify, and hold harmless the Company and our personnel from third‑party claims arising out of your instructions, negligence, breach, Vessel conditions we did not create, or Owner‑supplied parts/equipment.
The Site (content, designs, logos, software) is owned by the Company or our licensors and is protected by IP laws. You grant us a nonexclusive, royalty‑free license to use feedback you submit to improve our services.
If the Site allows uploads, you are responsible for your content and you represent you have the necessary rights.
DMCA Notice: If you believe content infringes copyright, send a notice to our Designated Agent:
Address: 3145 NW 38th Street Miami, FL 33142
We will respond under 17 U.S.C. §512. To preserve safe harbor, we also register this agent with the U.S. Copyright Office and keep the listing updated.
The Site is provided “AS IS” and “AS AVAILABLE.” We do not warrant uninterrupted or error‑free operation, or that defects will be corrected. For services, the limited warranty in §5.5 controls.
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, PROFITS, CHARTER, OR GOODWILL); (b) OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC WORK OR UP TO $10,000, WHICHEVER IS LESS. Nothing limits liability that cannot be limited by law.
10.1 Governing Law. To the extent applicable, U.S. general maritime law governs disputes arising from Vessel services; otherwise Florida law governs, without regard to conflicts rules.
10.2 Venue & Personal Jurisdiction. For claims not subject to arbitration, the exclusive venue and forum are the state or federal courts located in Miami‑Dade County, Florida, and you consent to personal jurisdiction there.
10.3 Attorneys’ Fees. To the maximum extent permitted by law, you agree to pay the Company’s reasonable attorneys’ fees, expert fees, collection costs, and arbitration and court costs (including on appeal and in bankruptcy/insolvency) that the Company incurs in any claim, proceeding, lien enforcement (in rem or in personam), collection of amounts due, or other action arising out of or related to these Terms, the Site, or any Work—whether the Company is the claimant or the defendant. The parties agree that any or all of the following: electronic acceptance, electronic signatures, invoice approvals, verbal authorization, email confirmations, and payment through Stripe constitute a binding authorization and agreement.
We may update the Site and these Terms from time to time. Changes apply prospectively from the date of posting. Continued use of the Site after changes are posted constitutes acceptance. Your continued use constitutes acceptance.
Severability; no waiver; assignment with our consent; survival of payment, warranty disclaimers/limits, indemnity, venue/arbitration, and attorneys’‑fees provisions; headings are for convenience only. These Terms are the entire agreement for the Site and services requested through it.
See our FAQ for more information.