These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Sun City Yachts LLC ("Company", “we”,
“us”, or “our”), concerning your access to and use of the https://yacht-getaway.com
website as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the “Site”). You
agree that by accessing the Site, you have read, understood, and agreed to be bound
by all of these Terms of Use. Supplemental terms and conditions or documents that
may be posted on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. The information
provided on the Site is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such
jurisdiction or country.
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States, international copyright
laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, modified or otherwise exploited for
any purpose whatsoever, without our express prior written permission. Your use of our
website or services does not constitute any right or license for you to use our Content or
Marks, nor does it grant you any ownership right to our content. We reserve all rights
not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration and/or submission
information you present will be true, accurate, current, and complete; (2) you have the
legal capacity and you agree to comply with these Terms of Use; (3) you are not a
minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site; (4) you will not access the Site through automated or non-
human means, whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any
applicable law or regulation.
You may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us. As a user of
the Site, you agree not to: (1) systematically retrieve data or other content from the Site
to create or compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us; (2) circumvent, disable, or otherwise
interfere with security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein; (3) disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site; (4) use any information obtained from the Site in order to
harass, abuse, or harm another person; (5) make improper use of our support services
or submit false reports of abuse or misconduct; (6) use the Site in a manner inconsistent
with any applicable laws or regulations; (7) engage in unauthorized framing of or linking
to the Site; (8) upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Site; (9) engage in any
automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools; (10) delete
the copyright or other proprietary rights notice from any Content; (11) upload or transmit
(or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms” or
“pcms”); (12) interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site; (13) harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of the Site to you; (14)
Attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site; (15) copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code; (16) decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way making
up a part of the Site; (17) except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other software; (18)
make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses; and
(19) use the Site as part of any effort to compete with us or otherwise use the Site
and/or the Content for any revenue-generating endeavor or commercial enterprise.
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, reviews or
personal information or other material (collectively, "Contributions"). Contributions may
be viewable by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site Privacy Policy.
When you create or make available any Contributions, you thereby represent and
warrant that: (1) the creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party; (2) you are the creator and
owner of or have the necessary licenses, rights, consents, releases, and permissions to
use and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms of Use; (3) you have the
written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use; (4) your Contributions are
not false, inaccurate, or misleading; (5) your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of solicitation; (6) your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us); (7) your Contributions do not ridicule, mock,
disparage, intimidate, threaten or abuse anyone or any class of people; (8) and your
Contributions do not otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may
result in, among other things, termination or suspension of your rights to use the Site.
You and the Site agree that we may access, store, process, and use any information
and/or data that you provide following the terms of the Privacy Policy and your choices.
By submitting suggestions or other feedback regarding the Site, you agree that we can
use and share such feedback for any purpose without compensation to you. We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
The Site may contain (or you may be sent via the Site) links to other websites ("Third-
Party Websites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party Content, you do
so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through Third-
Party Websites will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions use of the Site or any portion thereof
without notice or liability; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise
manage the Site in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Site.
We care about data privacy and security. By using the Site, you agree to be bound by
our Privacy Policy posted on the Site, which is incorporated into these Terms of Use.
We promise to never sell or share your private information with any Third Party without
your consent. Your Privacy aboard our private luxury yacht is our utmost priority.
These Terms of Use and your use of the Site are governed, construed and interpreted
in accordance with the laws of the State of Florida, without giving effect to principles of
conflict of law. Each of the Parties hereto consents to submit itself to the exclusive
personal jurisdiction of any federal or state court located in the Broward County, Florida
in the event any dispute arises out of this Agreement.
To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by
either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively
resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under Florida Statute
682, the Commercial Arbitration Rules of the American Arbitration Association ("AAA")
and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the AAA
website: www.adr.org. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate, limited by the
AAA Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator must follow applicable
law, and any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take
place in Broward County, Florida. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator. If for any
reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Broward County,
Florida, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such
state and federal courts. In no event shall any Dispute brought by either Party related in
any way to the Site be commenced more than one (1) year after the cause of action
arose.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, alternative dispute resolution
mechanisms, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3)
any breach of your representations and warranties set forth in these Terms of Use; (4)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (5) any overt harmful act toward any other user of the Site with whom
you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any means other
than electronic means.
All prices are subject to change without notice. Whilst we make every effort to provide
you the most accurate, up-to-date information, occasionally, one or more items may be
mis-priced. In the event a product is listed at an incorrect price due to typographical,
photographic, or technical error or outdated pricing information, Sun City Yachts LLC
shall have the right to refuse or cancel any orders placed for the product listed at the
incorrect price. Prices stated do not include any sales, use or excise tax or any other
tax, duty or charge which is now in effect or may be hereafter imposed by any Federal,
State or other authority.
Sun City Yachts LLC reserves the right to accept or reject any orders placed by the
Customer, in whole or in part, which may be received by it in its absolute discretion.
Once accepted by us, an Order may not be cancelled by the customer except with the
express consent of Sun City Yachts LLC. For the avoidance of doubt no terms or
conditions of customer, including any terms or conditions printed on or referred to in
customer’s offer to purchase or order will be binding on the Company or have any legal
effect unless expressly agreed to in writing by the Company.
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you and
us. Our election to not exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use operate to
the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If,
for any reason, any provision or part of a provision of these Terms of Use is determined
to be invalid, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and enforceability of
any remaining provisions consistent with law. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these
Terms of Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them, and any uncertainty and
ambiguity shall not be interpreted against the drafting party. You acknowledge that you
have been afforded sufficient time to understand the Terms of Use and effect of same,
and/or have the opportunity to consult counsel, and that the agreements and obligations
have been made voluntarily and knowingly. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
