Terms & Conditions of Use

General

The following Terms and Conditions of Use (these “Terms”) constitute a legal agreement between you and ATLANTIC CRUISING YACHTS, LLC (“us” or “we”).  Please carefully read these Terms that apply to your access to, and use of, each of our websites, including www.atlantic-cruising.com (collectively, the “Website”).  By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations.  If you do not agree to these Terms, your sole and exclusive remedy is to discontinue using the Website.  Although accessible by others, the Website and its contents are intended strictly for access and use by U.S. residents only.

We reserve the right to revise these Terms or any portion of them at any time and in any way without notice to you.  Your use of the Website is subject to any such revisions and you should periodically visit this page to review the current Terms and Conditions that apply to your use of the Website.

The Website contains information, news and/or press releases about us.  Although we may update the content of the Website periodically, we disclaim any duty or obligation to update this information, news and/or any press releases.  We make no representations or warranties and assume no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on the Website.  We assume no liability or responsibility for any errors or omissions in the content of the Website.

We reserve the right to make additions, deletions or modifications to the information or materials on the Website at any time and in any way without notice.  Information about companies other than us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by us.

The statements in the Website that are not descriptions of historical facts and may be forward-looking statements.  You can identify those statements by the fact that they contain words such as “anticipate,” “believe,” “estimate,” “expect,” “intend,” “project” or other terms of similar meaning.  Any such statements may reflect our expectations and beliefs at the time they were made but may be based on numerous assumptions which cannot be controlled and which may develop differently than expected.  Consequently, actual results may differ materially from any projections in these forward-looking statements.

Third Party Websites

The Website may contain links to websites operated by other parties.  The linked sites are not under our control, and we are not responsible for the content available on any other internet sites linked to or from the Website.  We may provide any such links to other internet sites merely as a convenience to users of the Website.  Access to any of these other internet sites linked to the Website is at your own risk.  Such links do not imply any endorsement, approval, or guarantee of accuracy or reliability by us of material on linked third party websites.  We disclaim all liability with regard to your access to such linked websites.  We urge you to use discretion when accessing any third party websites linked to or from the Website.

The Website Does Not Provide Legal Advice

THE WEBSITE DOES NOT PROVIDE OR OFFER LEGAL OR PROFESSIONAL SERVICES ADVICE OR RECOMMENDATIONS.  The information presented on the Website is for general informational purposes only and is not intended to provide legal advice.  Nothing on the Website should be construed as the giving of legal advice.  We disclaim all liability and responsibility arising from any reliance placed on any content or information by you or any other visitor to the Website.

Intellectual Property

All of the content (including, without limitation, the information, documents, summaries, other text, data, tables, graphs, charts, displays, images, audio and video, and all source code at the Website) is either owned or controlled by us, or is used at the Website with the permission of its respective owner(s).  The Website contains proprietary notices and information, including copyrights and trademarks, which may not be used apart from viewing the Website without our prior written consent.  The Website and all content in the Website may not be copied, reproduced, republished, uploaded, downloaded, stored, posted, transmitted, distributed, or used for the creation of derivative works without our prior written consent, except that we hereby grant you non-exclusive, non-sublicensable, non-transferable, limited permission to access and display the web pages of the Website for direct use of the Website.  This permission is conditioned on your not modifying the content displayed on the Website, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Website.  You may not mirror any of the content from the Website on another website or in any other media without our prior written consent.

Notwithstanding the foregoing, any software and other materials that may be made available for downloading, accessing, or other use from the Website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

By viewing the Website, you understand and agree that we may discontinue, change, or restrict your use of the Website for any reason without notice.  Your failure to comply with the terms, conditions, and notices on the Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.

All of our trademarks are our exclusive property unless otherwise indicated. Unauthorized use of our trademark, service mark or logo may be a violation of federal and state trademark laws.  No use of our trademarks, trade names, trade dress and products in the Website may be made without our prior written authorization, except to identify our products or services.

The Website is protected by United States’ and foreign copyright laws.  All content of the Website is protected to the fullest extent possible by copyright laws.  Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Website, or individual sections of the design or layout of the Website, or our logos without our prior written permission.

Except as otherwise provided, nothing contained in the Website shall be construed as granting or conferring by implication, estoppel, or otherwise any express or implied license or other rights under any patent, trademark, copyright or other intellectual property rights of ours or any third party.  Please be advised that we may choose to enforce our intellectual property rights to the fullest extent allowed by applicable laws.

We claim no ownership in, nor any affiliation with, any third-party trademarks that may appear in the Website.  Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on our part should be inferred from the use of these marks.  We are not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the respective copyright owner.

Ideas and Other Submissions

Should any user of the Website respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of the Website, such information shall be deemed to be non-confidential and non-proprietary, and we shall have no obligation of any kind with respect to such information.  In making any such submission, you agree that you are fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights, and that we shall have an irrevocable right to use, copy, reproduce, modify, disclose, publish, transmit, distribute, and display the information to others via any media without limitation, and you agree to waive any moral rights in such content.  We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, researching, developing, manufacturing selling, or marketing of products incorporating such information.

No Warranties

ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

We hereby specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if we have been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the Website.

You assume full responsibility and all risks arising from access and use of the Website.  In no event shall we or our subsidiaries or any of their respective officers, directors, employees, agents, representatives, business partners, information providers and licensors and their respective heirs and assigns be liable for any damages of any kind or nature, including, but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss of profit), punitive or other damages arising from or in connection with the existence, access or use of the Website, whether in an action of contract, breach of warranty, negligence, or other tortious action arising out of or in connection with the use of the materials contained on the Website and regardless of whether we or any of the other entities or persons listed above have been advised as to the possibility of such damages.  We assume no responsibility or liability arising from the content of the Website for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Website or accessed through the Website.

Indemnification

If you violate any of these Terms or if you misuse the Website, you agree to defend, indemnify and hold harmless ATLANTIC CRUISING YACHTS, LLC, its affiliates, officers, directors, employees, contractors, agents, licensees, successors and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these Terms and/or your use of the Website, including, but not limited to, any use of content, services and products other than as expressly authorized in these Terms.

Jurisdiction and Venue

These Terms, and the rights and obligations of you and us hereunder, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to contracts made and to be performed therein, excluding its conflicts of law provisions.  Any action under these Terms shall be brought in a court of competent jurisdiction in Fairfax County, Virginia and you hereby: (i) agree that jurisdiction and venue are proper in Fairfax County, Virginia; (ii) consent to personal jurisdiction in Fairfax County, Virginia; and (iii) waive any right to transfer this case to any other court or forum without our consent. YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU MIGHT HAVE TO HAVE ANY DISPUTE HEREUNDER ADJUDICATED BY A JURY.

Violations and Additional Policies

If we find that you have violated any of these Terms, we reserve the right to respond to the violation within the limits of the law, and without prior notification or warning.  Such response can include termination of your access to the Website, banning of your future use, legal redress, or any other action deemed appropriate by us.  If the violation affects any third party affiliates or other users, these third parties could also take action as allowed for by their individual policies and applicable law.

We reserve the right, and you authorize us, to the use of all information regarding your use of the Website and all information provided by you in any manner and you hereby assign all right, title, and interest in such information to us, in each case consistent with these Terms and applicable federal and state law.

No Deemed Waivers

If we waive any term or condition or fail to assert a right or provision in these Terms, it will not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, nor will it constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Assignment

You hereby agree that we may transfer, subcontract or otherwise deal with any or all of our rights and/or obligations under these Terms.  You may not transfer, subcontract or otherwise deal with your rights and/or obligations under these Terms without obtaining our prior written consent.

Entire Agreement

Except as noted herein, these Terms and any applicable acceptable use policy constitute the sole and entire agreement between you and us with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between you and us.

Questions

If you have any questions about these Terms, please send us an e-mail at info@atlantic-cruising.com or call us at 443-949-8051.