GO SAILING TERMS OF SERVICE
Effective date: March 11, 2013.
1. BASIC TERMS
Go Sailing is a social network for people that are passionate about sailing. The Service provides our users with a variety of resources to facilitate organizing Sailing Activities that include, but are not limited to, Sailing Trips, Charters, Regattas and Races (together, “Sailing Activities”)
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service, including without limitation your participation in or involvement in Sailing Activities, and your submission of acceptable Public Information (as defined in “Your Information"). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
The Service is available to all individuals who are at least 18 years of age. The Service is not available to any temporarily or indefinitely suspended Go Sailing users. By Signing up to use the Service, you represent and warrant that you are at least 18 years of age, and that you have the right, authority and capacity to enter into this agreement and to abide by all of the terms and conditions of this Terms of Service. If you access the Service, you represent and warrant that you have never been convicted of a felony or any criminal offense characterized as a sexual offense and that you are not required to register as a sex offender with any government entity.
Additional eligibility requirements for a particular Sailing Activity may be set by the organizer, co-organizer, crew request owner, skipper, host or creator (the “Organizer”) of the Sailing Activity.
We have the right, in our sole discretion, to suspend or terminate your use of the Service and refuse any and all current or future use of all or any portion of the Service.
As part of our Sign Up process you will create a password that will enable you to access the Service. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Go Sailing cannot and will not be liable for any loss or damage arising from your failure to comply with this Eligibility Section
3. YOUR INFORMATION
"Your Information" is defined as any information or material you provide (directly or indirectly), including through the Sign Up process, My profile, New Crew Requests, Crew Openings Applications and Trip Messages. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of the Service or otherwise, you submit or make available for inclusion on publicly accessible areas of the Service is referred to as "Public Information" (your name is always considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible"areas of the Service are those areas that are available either to some or all of our members or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
In consideration of your use of the Service, you agree that Your Information:
(a) shall not be fraudulent;
(b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation;
(d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your Sign Up with us and from time to time as your email address changes.
4. USE OF THE SERVICE
You, and not Go Sailing, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via the Service. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using the Service, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Go Sailing, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with the Service, or for any failure to correct or remove information.
Notwithstanding any other provision of this Terms of Service, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Service;
(ii) impersonate any person or entity (including Go Sailing, Go Sailing staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses or creation of false account(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations;
(vi) resell Public Information or access to Public Information;
or (vii) collect or store personal data about other users;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(vi) that is inappropriate or posted in bad faith or contrary to the spirit of the Go Sailing sailing community;
(vii) that uses the Service primarily as a lead generator or listing service for another website;
(c) Encouraging others to violate this Terms of Service;
(d) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(f) Disclose the Private Information of any member of a crew request without the permission of that member; or
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from the Service. Go Sailing reserves the right to remove any information or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Service and attend Sailing Activities at your own risk.
For purposes of this Terms of Service, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Go Sailing and its designees shall have the right to remove any Public Information or other material that violates this Terms of Service or is otherwise objectionable.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our Service (except for Your Information), or create derivative works from our Service (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Go Sailing or any other third party, except with the prior written consent of Go Sailing or the appropriate third party.
You acknowledge and agree that we may establish general practices and limits concerning the use of the Service. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
5. SAILING ACTIVITIES
Through the Service we provide tools that enable our users to arrange Sailing Activities at venues that include, but are not limited to, Sailing and Yacht Clubs, Marinas, Oceans, Lakes and Rivers. We do not supervise these Sailing Activities and are not involved in any way with the actions of any individuals at these Sailing Activities. As a result, we have no control over the identity or actions of the individuals who are present at these Sailing Activities, and we request that our users exercise caution and good judgment when attending these Sailing Activities.
Because we do not supervise or control the Sailing Activities or interactions among or between members of the Service and other persons or companies, and because we are not involved in any way with physical transportation to or from Sailing Activities or with the actions of any individuals at Sailing Activities, and because we do not control Amazon.com, PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of users of the Service, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Sailing Activity . You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
6. COMMUNICATIONS FROM GO SAILING AND MEMBERS OF THE GO SAILING COMMUNITY
You understand that certain communications, such as Go Sailing service announcements, as well as offers, sponsorships or promotions relevant and beneficial to you or your Sailing Activity, are part of the Service, and may not be disabled. By using the Service, you expressly agree to receive such communications from Go Sailing.
By applying, being invited or joining a Sailing Activity, you understand and agree that you may receive communication from the Organizer and other Go Sailing members in the normal course of utilizing the Service, to include, but not limited to, invitation, acceptance or declining notifications, trip messages and trip cancellation notices. These communications will be posted in different sections of the service (e.g., My Sailing and Trip messages).
You understand that the Organizer of a Sailing Activity in which you have applied to, have been invited to or have been accepted to, has the right, in his or her sole discretion, to decline your participation in the Sailing Activity. Please be aware that an Organizer is: (a) not a Go Sailing’s representative or agent, and therefore an Organizer may not enter into contractual relations or obligations on Go Sailing’s behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific members of a Sailing Activity, unless expressly agreed by those Sailing Activity members; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Organizer or an individual Go Sailing member unless otherwise agreed.
We do not control the information provided by other users, which is made available through the Service. You may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Service. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
Please note: If you choose to invite someone to a new crew request or to the Service through our "Invite from contacts” or “Spread the word" features, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Go Sailing does not have access to or control this communication.
7. PAID SERVICES
Access and use of the Service is free.
We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to the Service, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).
Some Organizers may require or request fees for participation in a Sailing Activity. Organizer fees are at the discretion of the Organizers, who decide whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. You may also have the option to make voluntary contributions to the Organizers. Fees assessed by the Organizer are remitted to the Organizer and not to Go Sailing. To the extent that you use a third party (e.g., Amazon Payments, PayPal) or another payment mechanism (e.g., check or cash), to pay fees assessed by the Organizer, you acknowledge that Go Sailing does not control the transaction, and that you bear all risk in connection with the transaction. Payments and Refunds of any payment you make to any Organizers are subject to that Organizer policies and applicable law. If you believe any payment to an Organizer is in error, you must contact the Organizer to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer. We cannot ensure that an Organizer is legitimate and truthful, that he or she holds the credentials and certifications as required by law, and that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with, or participation in a Sailing Activity, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Organizer.
You acknowledge and agree that Go Sailing may disclose Your Information (as defined in ‘Your Information’) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our service, (b) enforce this Terms of Service, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Go Sailing, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Terms of Service relates, or upon any other corporate reorganization, subject to the promises made in this Terms of Service. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
We may provide, or third parties may provide, links to other websites, Apps or resources. Because we have no control over such websites, Apps or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites, Apps or resources. You also acknowledge and agree that Go Sailing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites, Apps or resource.
10. DEALINGS WITH MARKETING PARTNERS AND THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Go Sailing shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties located through the use of the Service.
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Terms of Service or the documents it incorporates by reference, your use of the Service, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a Sailing Activity, or your participation as an Organizer or in a Sailing Activity (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Sailing Activities). Without limiting the foregoing, you, as an Organizer, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any Sailing Activity member or third party due to or arising out of your actions as an Organizer, including your use of money paid to you by members of your Sailing Activity.
12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU "AS IS" AND ON AN"AS AVAILABLE" BASIS. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED THROUGH THE SERVICE.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
13. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT SHALL GO SAILING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GO SAILING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS TERMS OF SERVICE OR THE INABILITY TO USE THE SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH THIRD PARTY TRANSACTIONS OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR TRANSPORTATION TO OR FROM SAILING ACTIVITIES, ATTENDANCE AT SAILING ACTIVITIES, PARTICIPATION IN OR EXCLUSION FROM SAILING ACTIVITIES AND THE ACTIONS OF YOU OR OTHERS AT SAILING ACTIVITIES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION TITLED “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU.
14. DISPUTE RESOLUTION
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Terms of Service including the documents it incorporates by reference, your use of the Service, Your Information, your violation of any law or the rights of a third party, or your participation in Sailing Activities (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Sailing Activities).
In the event that the dispute, claim or controversy is not resolved by these negotiations, the exclusive means of resolving any dispute or claim arising out of or relating to this Terms of Service (including any alleged breach thereof) or the Service, shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Go Sailing in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Go Sailing any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Go Sailing (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Go Sailing (except for small-claims court actions) may be commenced only in the federal or state courts located in Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Terms of Service, and any dispute between you and Go Sailing, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
We may try to help Go Sailing members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Service, and we will not make judgments regarding legal issues or claims.
15. MODIFICATIONS TO THE SERVICE
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of the Service with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the Service.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account or your status as an Organizer or at a particular Sailing Activity, or your ability to use all or any portion of the Service, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Terms of Service or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Service. Termination or suspension of your use of the Service in violation of the Section ‘Your Information’ will not result in refunds of fees paid, if any, and you will forfeit the remaining period of your paid fees, if any.
17. TRADEMARKS; COPYRIGHTS; PROPRIETARY RIGHTS
Go Sailing trademarks and service marks, and other Go Sailing logos, products and service names, are trademarks of Go Sailing, LLC. (the "Go Sailing Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Go Sailing Trademarks without Go Sailing’s prior written consent.
Go Sailing respects the intellectual property of others, and we ask our users to do the same. To the extent Go Sailing uses a trademark that is the property of a third party, Go Sailing shall provide clear notice to anyone viewing Go Sailing’s use of that trademark that (a) Go Sailing does not own the trademark and that the trademark is the property of a third party, (b) Go Sailing has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Go Sailing’s use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to the Service to those who may be repeat infringers.
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Go Sailing or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
18. NO RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Go Sailing’s Service, use of the Service, or access to the Service for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Sailing Activity.
19. GOVERNING LAW
Except as expressly provided in this Section, (a) this Terms of Service and the relationship between you and Go Sailing shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents, and (b) you and Go Sailing agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware.
20. ADDITIONAL TERMS
Except as otherwise stated in this Terms of Service or as expressly required by local law, any notice to us shall be given by email to email@example.com, and any notice to you shall be given to the email address that you provided us during the Sign Up process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
This Terms of Service constitutes the entire agreement between you and Go Sailing, superseding any prior agreements between you and Go Sailing. To the extent that you have previously Signed Up with Go Sailing and provided Your Information, this Terms of Service now governs how Go Sailing may use Your Information, whether provided in the past or the future.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Go Sailing is intended or created by this Terms of Service.
You agree that this Terms of Service, all rights herein, and all incorporated agreements may be automatically assigned by Go Sailing, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Go Sailing’s assets, or similar transaction.
We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control.
Go Sailing’s failure to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
If any provision of this Terms of Service is found to be invalid by a court of competent jurisdiction, you and Go Sailing nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Terms of Service will remain in full force and effect.
Sections ‘Paid Services’, ‘Your Information’, ‘Use of the Service’, ‘Sailing Activities’, ‘Indemnification’, ‘Disclaimer of Warranties’, ‘Limitation of Liabilities’, ‘Dispute Resolution’ and ‘Governing Law’ shall survive any termination or expiration of this Agreement.
You and Go Sailing each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Terms of Service must be filed within one (1) year after the claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The Service offered under this Terms of Service is offered by Go Sailing, LLC. Please report any violations of this Terms of Service by sending a notice of the violation to