SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, audio clips, and other materials that appear as
part of the Website (collectively, the "Contents") are copyrights, trademarks,
trade dress, and/or other intellectual property rights and licenses held by us,
or by third parties who have licensed their materials to us. The entire Content
of the Website is copyrighted as a collective work under
U.S.
copyright laws and other applicable copyright laws.
The Contents of the Website, and the site as a whole, are intended solely for
personal, noncommercial use by the users of our Website.
We reserve complete title and
full intellectual property rights in any and all Content on the Website.
PHOTOGRAPHS
You may not reproduce, publish,
transmit, distribute, display, modify, create derivative works from, sell, or
participate in or exploit in any way, in whole or in part, any of the Contents,
the Website. It is a violation of Title 17, United States Code, to reproduce or alter
copyrighted images in any way without the express permission of the copyright
holder. Images on this site, in addition to the visible copyright notice, may
also be encoded with invisible copyright information.
LINKS
Through the Website, you may be able to access links to other websites. Because
we have no control over other such sites, you acknowledge and agree that we are
not responsible for, and have no liability with respect to, the availability (or
unavailability) of such sites, for the treatment of your personally identifiable
information by such sites, or for the information, products, content, or other
materials on or available from such sites or resources. If you would like
information on any other site's privacy policy, you should contact that party
directly.
NO WARRANTY
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE FEATURES PROVIDED AND THE
INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FURTHERMORE, WE MAKE NO
WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS
PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY AS TO THE ACCURACY,
CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION OR COMMUNICATION OBTAINED
THROUGH USE OF THE WEBSITE AND SHALL NOT BE LEGALLY RESPONSIBLE FOR: (A) ANY
ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY SUCH INFORMATION; (B) ANY
FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY INFORMATION RELATED TO
THE WEBSITE; (C) LOSSES OR DAMAGE ARISING FROM THE USE OF THE INFORMATION
OBTAINED THROUGH USE OF THE WEBSITE; OR (D) ANY MODIFICATION, SUSPENSION, OR
DISCONTINUANCE OF THE WEBSITE OR OF YOUR ABILITY TO ACCESS IT.
WE ALSO DISCLAIM ANY WARRANTY THAT (A) OUR WEBSITE WILL MEET YOUR REQUIREMENTS;
(B) OUR WEBSITE'S OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; AND (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIALS PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET
YOUR EXPECTATIONS.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS PROVISION
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR DAMAGE OR LOSS
ARISING FROM ACCESS OF THE DATA STORED OR COMMUNICATED THROUGH THE WEBSITE BY
THIRD PARTIES THROUGH ILLEGAL OR ILLICIT MEANS, INCLUDING, BUT NOT LIMITED TO,
SITUATIONS WHERE SUCH DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY
GAPS, WEAKNESSES, OR FLAWS (WHETHER KNOWN OR UNKNOWN TO US AT THE TIME) THAT MAY
EXIST IN THE WEBSITE.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGE
OR LOSS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF
GOODWILL, USE, OR DATA, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE
POSSIBILITY THEREOF, THAT YOU MAY INCUR IN CONNECTION WITH THE WEBSITE,
RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (B) ANY OTHER
MATTER RELATING TO THE WEBSITE; (C) YOUR DOWNLOADING ANY INFORMATION, SOFTWARE,
OR OTHER MATERIALS THROUGH THE WEBSITE; OR (D) ANY CLAIM OR CAUSE OF ACTION
BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS PROVISION MAY NOT
APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any and
all claims, demands, losses, and expenses, including penalties, interest, and
attorneys' fees incurred by us in connection with your breach of this Agreement
or use of the Website, including, but not limited to, your violation or
infringement of copyrights, trademarks, or any other proprietary rights.
TERM
The term of this Agreement shall commence upon your acceptance of the terms and
conditions of this Agreement and shall remain effective until terminated by you
or BlueWaterCruisingLLC. You may terminate this Agreement at any time,
provided that you discontinue any further use of the Website. We may also
terminate this Agreement at any time and may do so immediately without notice,
and accordingly deny you access to the Website, if in our sole discretion we
determine that you have failed to comply with any term or provision of this
Agreement. Upon termination of this Agreement by you or BlueWaterCruisingLLC,
you must promptly destroy all materials downloaded or otherwise obtained from
the Website, as well as all copies of such materials, whether made under the
terms and conditions or otherwise.
In the event we believe that you have failed to comply with all terms applicable
to your use of our Website, you agree that we have the right, in our sole
discretion and without notice, to terminate your ability to conduct any or all
Transactions at any time without notice and without liability. You agree that
you do not have any rights in our Website and that we will have not liability to
you if our Website is discontinued or your ability to access our Website is
terminated.
MISCELLANEOUS
You agree that this Agreement is the complete and exclusive statement of the
mutual understanding between the parties and supersedes and cancels all previous
written and oral agreements and communications relating to the subject matter of
this Agreement. If any provisions of this Agreement are found void, invalid, or
unenforceable, the remaining provisions will remain valid and enforceable. This
Agreement is governed by and construed under the laws of the State of
Florida. You and BlueWaterCruisingLLC agree to submit
to the exclusive jurisdiction of, and venue in, the court of Florida in any
dispute relating to this Agreement.