Updated: April 28, 2018
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
THE COMPANY IS LOCATED IN THE UNITED STATES. IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR UNITED KINGDOM, YOU CONSENT TO THE TRANSFER OF YOUR PERSONAL DATA TO THE UNITED STATES.
The Application is not intended for the use of children under 18 and no such person is authorized to use it. By using the Application, you are representing that you are at least 18 years old. You also represent, by accessing or using the Application, that you are of legal age to enter into legal agreements, or if you are not, that you have obtained your parent’s or legal guardian’s consent to accept these Terms and Conditions.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Application following the posting of changes indicates your agreement to and acceptance of the changes.
Privacy and Data Security
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Application is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms and Conditions, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
User Submissions, Feedback and Information
You acknowledge and agree that any submission (including photographs, motion pictures/video footage, and sound recordings), feedback, comments or suggestions you may provide regarding the Company either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and be in compliance with these Terms and Conditions. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of the Company and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and the Company shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, including photographs, motion pictures/video footage, and sound recordings (collectively “the Works”), you hereby grant the Company an irrevocable, worldwide and perpetual license to use such Submissions, including my name, image, likeness, and sound of my voice, with or without my name, for any lawful purpose, including without limitation in the Company’s advertising and marketing, including without limitation websites, blogs, social media channels, and advertising channels, without any restriction, geographical, temporal, or otherwise. With respect to my Submission, I hereby waive (a) any right to inspect or approve the Submissions prior to their publication; (b) any claim or right to royalties or other compensation relating to the use of the Submission; and (c) any rights of publicity or privacy, copyright rights, or other intellectual property rights in the Submissions. I further release and agree to hold harmless the Company and its contractors involved in the creation or publication of advertising or marketing materials in which the Submissions appear from liability for any claims, demands, or causes of action by me, my heirs, representatives, or executors, or any other person on my behalf, or any third party, arising out of or in connection with the Submissions. Your submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by the Company. User consents, for themselves and on behalf of any children whose information such User submits to the Company, to the use by the Company of the information in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom. The Company shall not be liable for any damages resulting from the use or misuse by any third party of a Submission, including any personal data provided in a Submission.
We reserve the right in our sole discretion to: (a) review Submissions before allowing them to be posted on the Application; (b) to monitor, filter, edit or remove Submissions; and (c) post or not post Submissions provided to us.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Application and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. Do not submit material that infringes copyright, is pornographic, obscene, violent or otherwise violates these Terms and Conditions or applicable law. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Service;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o Marine Charters, LLC, 355 Hukilike Street, Suite 207, Kahului, HI 96732 or Copyright Agent, c/o Marine Charters, LLC, 9120 Double Diamond Parkway, Reno, Nevada, 89521.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Your Use of the Application
In connection with your use of the Application, you agree that you will not:
- post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- interfere with or damage the Application, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Application to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Application or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Application;
- use, display, mirror or frame the Application, or any individual element within the Application, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
- access, tamper with, or use non-public areas of the Application, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
- attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Application or any of the content on the Application;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application or Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Application and its services is expressly prohibited.
The Company reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application, for any reason; (2) to modify or change the Application, or any portion of the Application, and any applicable policies or terms; and (3) to interrupt the operation of the Application, or any portion of the Application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
While the Company believes and intends that its information security practices reflect good practice , there is no such thing as perfect information security. As such, users assume the risk of security breaches and all consequences resulting from them.
Purchase of Alcohol
Some of the Company’s charters and cruises may offer alcoholic beverages which may only be purchased and consumed by individuals who are at least twenty-one (21) years of age. Identification is required.
Prices on the Application to be purchased by payment card are denominated, and shall be paid for, in United States Dollars. The Company is U.S.-based, so please be advised that your payment card issuer may charge an additional fee for payments in international currencies. You may receive a full refund for a charter or cruise if you cancel at least 48 hours in advance. Parties of 6 or more passengers require 96 hours to cancel.
THE APPLICATION, ITS CONTENT, AND THE COMPANY’S SERVICES, CHARTERS AND CRUISES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WEATHER DISCLAIMER: To ensure the safety of our customers, all of our trips are weather dependent. At the captain’s discretion, trips may be re-scheduled, or destinations may be changed to ensure customer safety, comfort, and satisfaction. The above disclaimers apply to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
Waiver; Limitation of Liability
As consideration for being permitted to ride aboard a vessel as part of a charter or cruise, you acknowledge and assume all risks, dangers, and hazards of boating that are associated with the charter or cruise. Risks include without limitation risks associated with boarding and disembarking the vessel, the motion and movement of the vessel through unpredictable, and sometimes rough, seas with attendant rolling and pitching; decks, ladders, and other surface areas that may be wet or slippery, thus requiring a participant to keep one hand on him/herself and one for the vessel to minimize the risk of injury; as well as risks associated with ocean water activities in which you may engage, including without limitation swimming, snorkeling, SNUBA or SCUBA diving, and other water sports; all of which may expose you to risks, dangers, and hazards while participating in a vessel’s charter or cruise. You acknowledge that (a) you will be provided medical treatment in accordance with the Medical Payments provision of the Company’s marine insurance policy in the event that you sustain physical injury while on the charter or cruise; and (b) should there be any damage or destruction to any personal property in your possession on board a vessel, as a result of fault by the vessel or its crew, such personal property will be either repaired or replaced, at the Company’s sole option, up to a maximum of $500 per occurrence. In consideration of the foregoing, you agree to waive and release any claims, including claims for personal injury or physical harm, against the vessel, its operators, or the Company to the fullest extent allowed by law, except claims for intentional or gross negligence, arising out of your participation in a charter or cruise on said vessel.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE COMPANY OR ITS THIRD PARTY VENDORS, SUBCONTRACTORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY’S LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE AMOUNT OF FEES PAID OR OWED TO PROCESSOR BY THE CLAIMANT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you. The limitation of liability contained herein shall be applicable only to the extent permitted by law in the event of personal injury or death.
You agree to indemnify and hold the Company harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with (1) your access to or use of the Application or your participation in a charter or cruise; (2) your violation of these Terms and Conditions or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.
Violation of These Terms and Conditions
The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Application or participation in our charters and cruises, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Application or other participants in our charters and cruises. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when the Company determines that applicable law requires or permits such disclosure.
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Application or the services and/or block your future access to the Application or the services if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Application or services. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Application and your participation in the Company’s cruises and charters, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising hereunder or relating hereto shall be resolved by binding arbitration in Nevada governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA and decided by a single neutral arbitrator.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims. To the extent that any lawsuit or court proceeding is permitted under the Terms and Conditions, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Nevada for the purpose of litigating all such disputes. You agree that any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS AND CONDITIONS.
Users Outside of the United States
The Company is based in the United States. Although the Application is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Application are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Application from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Application, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
Marine Charters, LLC is operated from:
355 Hukilike Street, Suite 207
Kahului, HI 96732
Marine Charters, LLC’s registered office is located at:
9120 Double Diamond Parkway
Reno, Nevada, 89521
Please contact us if you have any questions about our Terms and Conditions. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.