Welcome to Sailboat Saviors, operated by Sailboat Saviors, a Florida company. These Terms of Service govern your use of our website and all associated services, features, and content (collectively, the “Services”). By using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.
- Eligibility You must be at least 18 years old to use our Services. If you are under 18, you may use our Services only with the involvement of a parent or guardian.
- Use of Services You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Sailboat Saviors or users of the Services or expose them to liability
- To impersonate or attempt to impersonate Sailboat Saviors, a Sailboat Saviors employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing)
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm SAILBOAT SAVIORS or users of the Services or expose them to liability
- User Content Our Services allow you to submit, upload, publish, or otherwise make available content, including but not limited to photos, videos, and text (collectively, “User Content”). You retain all rights in, and are solely responsible for, the User Content you submit. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services.
You agree not to submit any User Content that:
- Infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
- Violates any law, statute, ordinance, or regulation
- Is defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonates or intimidates any person or entity, or is otherwise objectionable
- Contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
4. Intellectual Property
All content and materials available on our website, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of SAILBOAT SAVIORS and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited unless explicitly authorized by Sailboat Saviors.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of our Services or content, use of our Services, or access to our Services or content without express written consent by Sailboat Saviors. Any unauthorized use terminates the permission or license granted by Sailboat Saviors.
By submitting any content, including but not limited to comments, blog posts, or images, to our website, you grant Sailboat Saviors a non-exclusive, perpetual, royalty-free, worldwide license to use, publish, reproduce, modify, and create derivative works from the content. You also grant Sailboat Saviors the right to use your name and likeness in connection with any use of the content.
DMCA Compliance: Sailboat Saviors is committed to complying with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. As part of our compliance, we have designated [Your Name] as our DMCA Agent to receive notices of alleged copyright infringement. If you believe that your copyrighted work has been infringed on our website, please provide our designated DMCA Agent with a written notification that includes the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your DMCA notice to our designated DMCA Agent at elyza@toseaornottosee. We take claims of copyright infringement seriously and will respond to notices of alleged infringement that comply with applicable law
- Termination
We reserve the right to terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
- Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY MATERIALS CONTAINED THEREIN IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK OF USE AND ALL LIABILITY FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAILBOAT SAVIORS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SAILBOAT SAVIORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY CONTENT ON THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW.
IN NO EVENT WILL SAILBOAT SAVIORS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
The above limitation of liability shall not apply to the extent prohibited by applicable law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Sailboat Saviors, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, any User Content you submit, post, or transmit through the Services, your use of the Services’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
9. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or related to these Terms of Service or your use of the Services shall be instituted exclusively in the state or federal courts located in the State of Florida. You agree to submit to the personal jurisdiction of the courts located in the State of Florida for the purpose of litigating all such claims or disputes.
- Changes to the Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use our Services.
We may also, in our sole discretion, update, modify, or discontinue any aspect, content, or feature of our Services at any time, without notice, and without liability.
11. Contact Information
If you have any questions or comments about these Terms of Service or our website, please contact us at:
Sailboat Saviors
Hudson, Florida
- Final Statement:
These Terms of Service, together with the Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Sailboat Saviors with respect to your use of our Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sailboat Saviors. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
If you have any questions about these Terms of Service, please contact us at [email protected].