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Terms of Use

Definitions
The term CHARTERER shall include the person(s) completing the purchase, the person(s) completing the reservation, their employees, agents, representatives, guests, independent contractors and subcontractors of the Charterer and any person for whom the Charterer is responsible.

The term OWNER shall include its subsidiaries and affiliated companies, members, managers, agents, officers, directors, stockholders, employees, skippers, captains, and persons for whom is responsible

Indemnification and Release of Liability
Activities herein have an inherent risk of damage and injury. Each individual participate entirely at their own risk. The OWNER is not responsible for damage to any boat or other property or the injury to any individual, including death, sustained as a result of participation. By participating, each individual agrees to release the OWNER from any and all liability associated with such individuals's participation to the fullest extent permitted by law.

The CHARTERER covenants and agrees to indemnify, defend, protect, release and hold the OWNER, free and harmless from and against any and all actions, causes of action, legal proceedings, demands, suits, claims, costs (including any attorney fees, expert fees and court costs), damages, fines, penalties, sanctions, judgments, loses or liabilities in connection therewith which may be asserted by the CHARTERER, the employees or agents of the OWNER, or persons for whom the OWNER is responsible, or any third party, on account of, as a result of or arising out of: (a) any violation of the Terms of Use or provisions of this Agreement; or (b) any misconduct, negligence, criminal act, gross negligence, intentional act or unauthorized act of the CHARTERER; or (c) personal injury or death, or property damage, or damage to the environment caused by, arising out of, or in anyway incidental to, or in connection with the use, or operation of any Boat under charter to the CHARTERER pursuant to this Agreement, and regardless of whether such personal injury or death, including injury to or death of personnel of the CHARTERER or any third person, or damage to or the loss of use of any property or damage to the environment, and whether caused by the CHARTERER's sole fault or liability or the concurrent fault or liability of the CHARTERER and the OWNER, or persons for whom the OWNER is responsible, or any third party and whether such fault or liability is based on a theory of legal liability, negligence, strict liability, breach of contract, breach of warranty, intentional act, gross negligence or misconduct, the unseaworthiness of any vessel, or any combination thereof.

The CHARTERER shall be responsible for, and shall indemnify, protect, defend, release and hold harmless the OWNER and persons for whom each is responsible from and against, any and all actions, causes of action, legal proceedings, demands, suits, claims, costs (including any attorney fees, expert fees and court costs), damages, fines, penalties, sanctions, judgments, loses or liabilities, whether brought or asserted by any individual, entity or governmental entity, arising out of, resulting from or in connection with, directly or indirectly, the control, clean-up, removal and disposal of any hazardous wastes or other pollutants and contaminants or other damage or harm to the environment (i) which arise out of, result from or are in anyway connected with any release, spill, contamination or emulsion of fuels of any kind, lubricants, motor oils, pipe dope, paint, solvents, ballast, bilge, garbage, debris, dust, sand, lead and carbons or any other fluids or substances, which originate from any Boat or any vessel, equipment or materials that is in possession, control, or use of the CHARTERER, and whether based on a theory of negligence, strict liability, intentional act or any combination thereof or based upon any unseaworthiness of any Boat or any other vessel, or (ii) which arise out of, result from or are in connection with any release, spill, contamination or emulsion of fuels of any kind, lubricants, motor oils, pipe dope, paint, solvents, ballast, bilge, garbage, debris, dust, sand, lead and carbons or any other fluids or substances to the extent caused by the negligence (whether sole, concurrent, joint, active or passive), gross negligence, willful misconduct or other fault of the CHARTERER or under any other theory of legal liability, including strict liability, breach of contract, breach of warranty, the unseaworthiness of any vessel, in each case whether or not originating from any Boat or any vessel, equipment or materials of the CHARTERER.

Sailing Schedule
On occasion the Captain of the vessel may delay, or cancel and reschedule for weather or safety reasons. We sail rain or shine and would sail with cloudy/showers in the forecast. On occasion a short delay may occur due to Homeland Security port closure for the LNG tanker. Pick up and Drop off locations may change due to safety and docking restrictions. The CHARTERER will be notified of any changes by email (at least 24 hours in advance) or by mobile phone on the day of the sail.

Use
CHARTERER agrees to abide by all terms and conditions including but not limited to non-use by those with prior medical conditions, back issues, frail, elderly, pregnancy, and other special conditions. CHARTERER agrees to notify OWNER to request use by disabled or special needs.

Payments
All payments are non-refundable. Reservations must be made and may only be canceled in advance as specified on the reservation form. Failure of the CHARTERER to appear at the time and place of pick up results in forfeiture of payment and/or voucher.

Standard Terms

1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use.

2. Our Service
Our web site and services are provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations
In order to use some of the functions of this web site, you must Register on our site, and agree to provide truthful information when requested. When applying for membership, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

12. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Notification of Copyright Infringement
This web site and pages contained within the web site are protected by trade design and other laws. Permission to use this web sites (such as pages, menus, forms, and supporting documentation) from this server is granted, provided that the information will not be copied or posted on any network computer or broadcast in any media. No modifications, redesign, or rebroadcast of any documents are allowed. No design, style, form, logo, graphic, sound, or image from this web site may be copied, retransmitted, or imitated in whole or in part unless expressly permitted by the respective owner. All documents and related information are provided "AS IS" without warranty of any kind. Any rights not expressly granted herein are reserved.

14. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

15. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

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