Sailboat Saviors Terms of Service

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.

1. 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.
2. 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

3. 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

5. 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.

6. 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.

7. 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.

10. 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

elyza@toseaornottosee.com

12. 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 elyza@toseaornottosee.com.