General Terms and Conditions

IMPORTANT: Thank you for visiting the YachtClub INC ("YachtClub INC," "we," "us," or "our") website at theyachtclub.ai and associated software application(s) (collectively, the "Site"). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions below, which we may revise from time to time without notice. Please read these terms and conditions carefully.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL WEBSITE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS"). PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS AND CONDITIONS CAREFULLY: (A) DISPUTE RESOLUTION AND NOTICE REGARDING MANDATORY ARBITRATION, (B) CLASS ACTION WAIVER, (C) LIMITATION OF LIABILITY, (D) INDEMNITY AND (E) RELEASE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY YACHTCLUB INC SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

Agreement Overview

If you fail to comply with these Terms and Conditions, your permission to use the Site automatically terminates and we may disable your use of the Site. The provisions of these Terms and Conditions apply equally to, and are for the benefit of, YachtClub INC, its subsidiaries, affiliates, Licensors, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

Services

Unless expressly stated otherwise herein, the services provided by YachtClub INC (the "Services") include both: (1) a marina management platform that enables marina members, slip holders, and marina staff to interact with their marina operations through our digital platform, and (2) marketplace functionality that facilitates connections between users and service providers within the marine industry.

Our marina management platform Services include but are not limited to: account management, billing and payment processing for marina fees and dues, communication tools, facility management features, and other marina-related administrative functions. Additionally, our marketplace Services include providing information and facilitating connections between users and marine service providers.

Any fees and/or consideration paid to YachtClub INC is paid to YachtClub INC in connection with these Services unless otherwise indicated. When YachtClub INC receives your payment, whether for marina-related fees, dues, services, or marketplace transactions, your payment obligation is fully satisfied through our platform; provided, that you will be responsible for any other charges to the extent you incur separate or additional costs outside the scope of YachtClub INC's services, including for Excluded Services, on-site at marina facilities or service provider locations.

To be clear, YachtClub INC provides technology platform services and does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) operate marinas or marine facilities; (iii) provide direct marina services such as boat maintenance, fuel, or slip rentals; (iv) otherwise accept custody of vessels or marine equipment; or (v) provide services other than the Services described above (collectively, "Excluded Services"). The Excluded Services are provided by marinas, service providers, and other independent entities who are neither our agents nor acting on our behalf and we have no responsibility whatsoever regarding the safety of persons or property at marina facilities or any location where marine services are provided through use of the Site.

We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from service unavailability, delays, or issues with marina operations, facilities, or third-party service providers.

The Services and Site are not intended for use by persons under the age of 16. If you are under 16, you may not use either the Services or the Site. You agree to comply with all applicable laws when accessing or using our Services, and you may only access or use the Services for lawful purposes.

Licensors; Licensor Terms and Conditions

YachtClub INC lists services on the Site and, as such, facilitates connections between users of the Site ("Licensees" or "you"), and the independent service providers (the "Licensors"). YachtClub INC does not establish the prices for services, operate facilities, or determine service availability provided by Licensors. While YachtClub INC makes every effort to provide accurate information regarding the services listed on the Site, at times such information may become inaccurate and YachtClub INC shall not be liable for any such inaccuracy.

In all cases, your utilization of services will be governed by Licensor's customer agreements or policies in place from time to time, including, without limitation, all terms and conditions related to the use of any services, any payment terms and conditions and all rules and restrictions imposed by the Licensor on the relevant facility and/or services, as each may be entered into or effected in accordance with the Licensor's standard operating procedures (the "Licensor Terms and Conditions").

By using our Services, you agree in all cases to abide by the Licensor Terms and Conditions. In connection with our provision of the Services, Licensors may represent and warrant to us that they have full authority to list their services. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warrant becomes inaccurate or incomplete prior to your use of services. In addition, YachtClub INC will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your use of services.

Privacy Information

By visiting or using this Site and its related services, contacting us through this Site or making submissions to us or the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed at Privacy Policy.

User Accounts

In order to access certain areas of the Site, you will create a user account and login (a "User Account"). You agree that all information which you provide through the Site in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure.

You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party's User Account without such party's express written authorization.

Use of Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, displays, text, images, data, illustrations, files, audio and video clips, documents, other materials and content and the design, selection, and arrangement thereof (collectively, the "Content") is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us.

You may not reproduce, copy, modify, distribute, create derivative works of, or publicly display, republish, download, store, transmit, or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Site at any time in our sole discretion.

User Warranty

By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms and Conditions, and (iii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties.

Commercial Use is Restricted

Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use.

Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, or resell or attempt any of the foregoing. By way of example and not limitation, you may not resell any services booked through YachtClub INC to a third party without YachtClub INC's express written permission. If such resale is discovered, your YachtClub INC Account may be suspended or revoked, and any existing bookings voided without refund.

Fees and Payments

You are responsible for all charges, fees, duties, taxes, and assessments arising out of the use of services, the Services or the use of the Site. Your payment of such fees to YachtClub INC constitutes payment to the service provider solely for purposes of using services. You agree that YachtClub INC may charge your credit card, debit card, or other payment mechanism selected by you and approved by YachtClub INC for all amounts due and owing in connection with your use of the Services, in accordance with the pricing and payment terms presented to you for such Services.

Where applicable, you will be charged using the primary payment method designated in your User Account management page (i.e., credit card) unless an alternate payment mechanism is selected at the time of the transaction. You agree to permit YachtClub INC to use any updated payment method information provided by your issuing bank or the applicable payment network and to charge your current primary payment method by using the details of such payment method saved in our system, even if such payment method is declined.

Where applicable, if your primary payment method expires, is invalid, or if charges to your primary payment method are unable to be processed for whatever reason, you agree that YachtClub INC may charge any other available payment methods saved to your User Account. Except as provided in these Terms and Conditions or when required by law, all fees paid by you are non-refundable and YachtClub INC may change the fees for any Services, including any Services billed pursuant to a Subscription (as defined below), at any time.

YachtClub INC partners with companies (such as Square) for payment processing. When you make a transaction, you're also agreeing to the payment processor's terms of service (e.g., Square terms of service (currently viewable at https://squareup.com/us/en/legal/general/)).

Subscriptions

In the event that any of the Services are billed on a Subscription basis ("Subscriptions"), you will be billed in advance on a recurring, periodic basis (each period, a "Billing Cycle"). Billing Cycles are typically monthly or annual, depending on what Subscription you select when purchasing a Subscription.

By signing up for a Subscription, you agree that:

  • YachtClub INC may store your provided payment method for the purpose of executing future auto-renewal transactions;
  • unless you cancel auto-renewal through your User Account management page, or by contacting our customer support team, your subscription will, by default, automatically renew at the end of the then-current Billing Cycle;
  • at the time of renewal, YachtClub INC will automatically charge the then-current Subscription fees and any applicable taxes to an eligible payment method YachtClub INC has on file for your User Account.

If details of your payment method(s) change, your issuing bank or the applicable payment network may provide us with updated payment details. We may use these new details or details from other payment methods saved to your User Account to help prevent any interruption to your Subscription. It is your responsibility to keep your payment information up to date.

While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of the then-current Billing Cycle before terminating. If YachtClub INC changes the fees for any Services billed pursuant to a Subscription, the change will become effective only at the end of the then-current Billing Cycle. YachtClub INC will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

Taxes and Overage Fees

In connection with facilitating your transaction, YachtClub INC will charge your credit card for the total price displayed at checkout, which includes the amount for your use of services, a fee retained by YachtClub INC for providing its services (if applicable), additional fees that may be applicable to certain transactions, and all anticipated applicable taxes.

YachtClub INC, at its discretion, retains a service fee as compensation for facilitating connections and for providing Services. For certain transactions, YachtClub INC may charge a service fee that is an amount paid to YachtClub INC for your use of the YachtClub INC Services and for YachtClub INC's processing as set forth in these Terms and Conditions.

The amounts paid to the service providers in connection with your transaction include all anticipated applicable taxes for the services. The service providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions and YachtClub INC is not a vendor collecting and remitting taxes to the applicable taxing authorities nor a co-vendor associated with the vendor with whom YachtClub INC customers are submitting transactions, unless YachtClub INC has, in its sole discretion, decided to do so on behalf of service providers in a specific jurisdiction.

If you are required by law to withhold any Taxes from your payments to YachtClub INC, you must provide YachtClub INC with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that service.

Cancellations and Refunds

Services purchased through the Site are cancellable in accordance with (a) YachtClub INC's cancellation policy in effect at the time of booking and as more fully described at https://theyachtclub.ai/legal/faq/ (as may be updated by YachtClub INC from time to time) ("Cancellation Policy") or (b) any specific cancellation policies or restrictions stated in the service details on the Site.

In the event of any conflict between the Cancellation Policy and any statements in the service details on the Site, the specific policies and restrictions in the service details shall control. Following the start of service usage, all transactions are non-refundable, regardless of your use or non-use and regardless of any circumstance surrounding the use or non-use (i.e., traffic or weather delays, cancellation of a related event).

If, for whatever reason, an error occurs in regard to any fee for Services, YachtClub INC may, in its sole discretion, void a transaction related to that error and refund appropriate monies paid in connection therewith.

YachtClub INC may from time to time partner with third parties ("Partner"), and transactions purchased on Partner websites are not refundable for any reason.

Promotional Incentives

YachtClub INC may, from time to time, issue promotional incentives in the form of promotional codes, discounts and credit, coupon codes, Referral Credits (as defined below), or other incentives, including, but not limited to, concession or courtesy credits issued by YachtClub INC's customer support team ("Incentives"). The Incentives are given for no exchange of value or other consideration and you therefore have no ownership interests or rights in the Incentives.

For this reason, YachtClub INC reserves the right to deactivate any Incentive at any time and for any reason, including, but not limited, to mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of any promotional program or Incentives, in each case without liability to YachtClub INC.

Further, you agree that Incentives:

  • must be used for the intended audience and purpose, and in a lawful manner;
  • may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by YachtClub INC;
  • may only be used pursuant to the specific terms that YachtClub INC establishes for such Incentives;
  • may expire prior to your use.

Further, YachtClub INC reserves the right to terminate or discontinue any promotional program or other program offering Incentives at any time.

Referral Program

If you choose to use our referral program ("Referral Program") to tell a third party (the "Referral") about the Site in exchange for the opportunity to earn promotional credits for Services ("Referral Credits"), we will ask you for the Referral's name, email address and other information. We will automatically send the Referral a one-time email inviting the Referral to visit the Site. We store the Referral's information for the purpose of sending this email and tracking the success of our Referral Program.

You may only earn Referral Credits totaling up to $200 within one year of earning your first referral reward. Once you have reached the $200 limit (which limit may be increased or decreased at any time in YachtClub INC's sole discretion), you will no longer receive Referral Credits for any Referrals until one year after your first earned Referral Credit.

YachtClub INC reserves the right to deactivate any Referral Credits at any time and for any reason, including, but not limited to, mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of the Referral Program or the Referral Credits in any way. Referral Credits are given for no exchange of value or other consideration, and are strictly promotional vouchers with no monetary value.

Referral Credits must be redeemed by you or the Referral, as applicable, within 18 months after provided by YachtClub INC to you or the Referral, as applicable, or they shall be forfeited. Further, YachtClub INC reserves the right to terminate or discontinue the Referral Program at any time.

Notwithstanding the foregoing, YachtClub INC may administer the Referral Program itself or may use a third party service to fulfill referral promotions at its discretion. In the event that YachtClub INC uses a third party service to administer its Referral Program, participation in such Referral Program shall be subject to the program terms and conditions provided through such third party service.

Trademarks

Names, titles, trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Site are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited.

Digital Millennium Copyright Agent

For purposes of the Digital Millennium Copyright Act ("DMCA"), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the DMCA agent listed under the Section entitled "Contact Information" below. We provide this contact information for purposes of the DMCA only and reserve the right to respond to communication that is relevant for this purpose. All inquiries not relevant to or not complying with the following procedure will receive no response.

We will process and investigate properly submitted notices of alleged infringement and will take appropriate actions under the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with the following information:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit YachtClub INC to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FTC Disclosure Policy

The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Site.

We are not compensated to provide an opinion or an endorsement on products, services, websites and various other topics. The views and opinions expressed on the Site are purely our views and opinions or those of the users of the Site who maintain User Accounts. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement.

Links to Third Party Websites and Employee E-Mail Addresses

The Site may contain links to third party websites. The linked sites are not under our control and we are not responsible for the contents of any linked website, nor do we make any representation or warranties with regard to any other website that you may access through the Site. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website.

The Site may also contain links to the e-mail addresses of various employees for purposes of feedback and communication regarding the Site and our products and services. By clicking on a link to an employee's e-mail address, you leave the Site and enter into a restricted access area which these terms and conditions do not govern. We assume no responsibility or liability with respect to your entering such restricted access areas.

Third Party Solicitations

Providing third parties with links to our Site is prohibited unless you obtain our prior written consent. If you arrive at the Site from a third party link or as a result of any of the prohibited solicitations described in this paragraph below, please note that such link to or solicitation for the Site does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices.

Other than any programs specifically sanctioned by YachtClub INC (such as our Referral Program), you agree not to engage in solicitation activities on our behalf for any reason, including activities that refer potential customers to, such as distributing flyers, coupons and other printed promotional materials or their electronic equivalents; engaging in verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending e-mails. In the case of any programs specifically sanctioned by YachtClub INC, you agree to at all times abide by the terms and conditions of such programs.

Administration; APIs; Enterprise Partners

If you are a Site user as part of any group participation, your administrator may administrate your use of the Site ("Administrator"). The Administrator may have the ability to access and control your User Account. As such, your Administrator may have access to information about your User Account and other information that you provide to the Site, and may input information into the Site and your User Account on your behalf.

Your relationship with any Administrator is governed by the terms and conditions of any agreement or policies between yourself and the Administrator, and you agree that by using the Site with an Administrator, we will have no liability for the data, itineraries or other information provided by the Administrator or for any actions, non-actions or omissions of such Administrator.

If you create a Business Profile, you will have the option to designate a transaction as a business transaction. If you do so, and your organization has a corporate account with us, we may share information about such transactions with your organization, including transaction details such as date, time, charge, location and other information that you provide to us. If you change organizations, it is your responsibility to update your Business Profile with the new information.

You may also decide to give third parties access to your information and User Account via application programming interfaces ("API"). Any use by APIs of your information will be governed by the privacy policies and terms of such APIs.

Non-Malicious Use

Except as expressly provided in these Terms and Conditions, you are hereby prohibited from:

  1. modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Site or any of the Content on the Site;
  2. bypassing any technical measures used to prevent or restrict access to any portion of the Site;
  3. reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Site, except as interpreted and displayed in a web browser;
  4. using or attempting to use any data mining, "robot," "spider," or similar automated or manual data gathering and extraction tools to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  5. circumventing or attempting to circumvent the security of the Site;
  6. introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  7. altering or modifying, or attempting to alter or modify any part of the Site;
  8. attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing, or any other means;
  9. accessing or attempting to access password protected, secure, or non-public areas of the Site, except as authorized by YachtClub INC;
  10. using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
  11. using Content, reports, electronic documentation, or other materials available on the Site to feed any downstream product, application, or website;
  12. engaging in any activity that markets another business or attracts YachtClub INC users to a third party;
  13. making commercial use of the Site or any of its Content;
  14. using the Site to stalk, harass, bully, or harm another person;
  15. using the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  16. impersonating or attempting to impersonate YachtClub INC, a YachtClub INC employee, another user, or any other person or entity;
  17. using the Site to engage in or promote illegal activities;
  18. attacking the Site via a denial-of-service attack or a distributed denial-of-service attack;
  19. engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm YachtClub INC or users of the Site, or expose them to liability;
  20. using the Site 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).

YachtClub INC reserves the right to grant the operators of public search engines permission to use spiders to copy materials from the Site for any uses which we determine are necessary or desirable for the operation of our business.

As part of YachtClub INC's commitment to security, we reward researchers who share with us critical issues and the techniques used to exploit them. We make it a priority to resolve confirmed issues as quickly as possible in order to best protect our customers.

User Submissions

You agree that any information or material you provide through the Site will be truthful, accurate and complete. You represent and warrant that you own any information or material provided through the Site or otherwise have appropriate authority to provide any such information or material through the Site.

All information or material that you submit to us through the Site shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information or material unless otherwise specifically agreed to in a separate writing or required by law.

You acknowledge and agree that you will not provide any information or material to us or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.

Notice Required

We are not required to collect, and do not collect Oklahoma, South Dakota and Vermont sales or use tax. Any purchase made is subject to Oklahoma, South Dakota and Vermont use tax unless it is specifically exempt from taxation. The purchase is not exempt merely because it is made over the internet, by catalog or other remote means.

The States of Oklahoma, South Dakota and Vermont, require all resident purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the individual income tax return for each state or by filing a consumer use tax return. All use tax forms and corresponding instructions are available on the website of each state's Department of Revenue: for Oklahoma, www.tax.ok.gov; for South Dakota, www.state.sd.us; and for Vermont, www.state.vt.us/tax, as they may change from time to time.

Termination

We reserve the right to suspend or terminate your use of the Services and/or your User Account in the event you violate any provision of these Terms and Conditions or if you use YachtClub INC services in a fraudulent manner. Furthermore, we may terminate or suspend access to all or part of this Site at any time, without notice or for any reason.

Limited Access

From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Site updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Site, the Content or access to services. We may conduct maintenance on any of the foregoing at any time with or without notice to you.

Electronic Signatures and Contracts

Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

Disputed Charges and Reversals

If you believe that an unauthorized transaction has taken place under your User Account, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted.

WARRANTY DISCLAIMERS

THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE YACHTCLUB INC OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. YACHTCLUB INC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE.

ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. YACHTCLUB INC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

GENERAL DISCLAIMERS

YACHTCLUB INC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

LIMITATION OF LIABILITY

YACHTCLUB INC, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF YACHTCLUB INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YACHTCLUB INC'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO YACHTCLUB INC FOR USE OF THE SERVICES OVER THE PRIOR YEAR; OR (2) ONE HUNDRED DOLLARS ($100).

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnity

You agree to indemnify and hold us, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys' fees and costs, due to or arising out of (i) your use or misuse of the Site; (ii) your breach of these Terms and Conditions; (iii) your breach of any Licensor Terms and Conditions; or (iv) your violation of any third party right.

Release

You release us and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users' use of the Site and any dispute or defense you have or claim to have against us or one or more users of the Site.

SMS Messaging

Pursuant to authorization granted by you either through your use of one of YachtClub INC's web-forms, or through the use of the Services, YachtClub INC may use your mobile phone number or similar contact information to send text message(s) via automatic dialing technology. YachtClub INC only uses such phone numbers and/or contact information to provide Services and to facilitate your use of our platform.

For example, YachtClub INC may send you a text message containing information or other details allowing you to access services. Additionally, YachtClub INC may send you a text message containing a link to download a copy of its software application, based upon your request via a web form.

Reservation of Rights

We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party.

Contact Information

If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact:

YachtClub INC

Email: legal@theyachtclub.ai

Severance and Waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.

Dispute Resolution and Notice Regarding Mandatory Arbitration

YachtClub INC is committed to customer satisfaction, so if you have an issue or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any Disputes (as defined below) informally by contacting "YachtClub INC Legal Department: Arbitration Claim Manager", at legal@theyachtclub.ai. If we are not able to resolve your Dispute within sixty (60) days after the day we receive your written notice, you may seek relief through arbitration or in small claims court, as set forth below.

Except as specifically stated in this "Dispute Resolution" Section, any dispute, claim or controversy between you and YachtClub INC and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the "YachtClub INC Entities") arising out of, relating in any way to, or in connection with the Terms and Conditions, the Site or your use of the Site, or your Personal Information, including those that arose before you accepted these Terms and Conditions, regardless of whether prior versions thereof required arbitration ("Dispute(s)"), shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court.

By virtue of this Dispute Agreement (as defined below), you and YachtClub INC are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section). The provisions of this Section shall constitute your and YachtClub INC's written agreement to arbitrate Disputes under the Federal Arbitration Act ("Dispute Agreement")(9 U.S.C. § 1 et seq.) ("FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver set forth below. State arbitration laws do not govern in any respect. Further, you and we each agree that the Terms evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with federal law to the fullest extent possible. ("Dispute Agreement").

To begin an arbitration proceeding after complying with the informal dispute resolution provisions described above, you must submit a Demand for Arbitration and a copy of these Terms and Conditions to New Era ADR at app.neweraadr.com, and must also give notice to YachtClub INC via email at legal@theyachtclub.ai.

If you commence an arbitration in accordance with these Terms and Conditions, you will be required to pay half of New Era ADR's filing fee. You will not be responsible for paying any other fees for the arbitration, other than your portion of the filing fee; all other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). Further, if New Era ADR determines that you are unable to pay any part of the filing fee, we will pay that part too.

The following rules and procedures shall apply to any arbitration proceeding brought under these Terms:
  • Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR's Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/.
  • The arbitration will be conducted by a professional neutral(s) with substantial experience in resolving commercial disputes. The neutral shall be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.
  • To increase the efficiency of administration and resolution of arbitrations: in the event of a claim seeking equitable relief (including injunctive relief), the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
  • Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.

Any question or matter of arbitrability of a dispute shall be determined by the neutral(s) assigned to, or chosen for, the dispute from the New Era ADR, Inc. panel of neutrals. For clarity, this means any determination of whether a dispute arising under the provisions of these Terms shall be governed by arbitration shall be determined solely by the neutral(s) provided by New Era ADR Inc. and not in a court of law or other judicial forum. The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.

The parties agree that New Era ADR, Inc. and its associated neutral(s) have the power and authority to issue injunctive relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions depending on the facts and the circumstances of the case. A party seeking injunctive relief must demonstrate that the legal standard under applicable law has been met and no condition contained herein waives the obligation to make such a demonstration. The parties agree and acknowledge that they are waiving their right to challenge the proprietary of injunctive relief issued by New Era ADR, Inc. and its associated neutrals in a court of law or other judicial forum.

Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party's intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of YachtClub INC.

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one year after such claim arose or it will be forever banned.

Jury Trial Waiver

You and YachtClub INC each acknowledge and agree that, if for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Class Action Waiver

You and YachtClub INC each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

Venue and Choice of Law

These Terms and Conditions are governed by the laws of the State of Illinois, without regard to its conflicts of laws principals. If, for any reason, a Dispute proceeds in court rather than arbitration: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and YachtClub INC agree that any Dispute may only be instituted in a state or federal court in Cook County, Illinois/Northern District of Illinois; and (ii) you and YachtClub INC irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes.

You and YachtClub INC agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Illinois, without regard to its conflict of laws principles, will govern the Dispute Agreement and any Disputes.

Entire Agreement

You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Site. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created by these Terms and Conditions, your use of the Site, or any actions by any Licensor with respect to the Site or associated software applications.