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Terms and Conditions
Terms and Conditions
Agreement between
User and THECHARTERMASTER.COM
Welcome to THECHARTERMASTER.COM. The THECHARTERMASTER.COM
website (the "Site") is comprised of various web pages operated by
THECHARTERMASTER.COM. THECHARTERMASTER.COM is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of THECHARTERMASTER.COM
constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
THECHARTERMASTER.COM is an E-Commerce Site.
Connect fisherman to people who have open spots on a fishing
charter
Electronic
Communications
Visiting THECHARTERMASTER.COM or sending emails to
THECHARTERMASTER.COM constitutes electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that
THECHARTERMASTER.COM is not responsible for third party access to your account
that results from theft or misappropriation of your account. THECHARTERMASTER.COM
and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
Children Under
Thirteen
THECHARTERMASTER.COM does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use THECHARTERMASTER.COM only with permission of a
parent or guardian.
Cancellation/Refund
Policy
All cancelations are done through the chartermaster
themselves
Links to Third Party
Sites/Third Party Services
THECHARTERMASTER.COM may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
THECHARTERMASTER.COM and THECHARTERMASTER.COM is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. THECHARTERMASTER.COM
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by THECHARTERMASTER.COM of the site or any association
with its operators.
Certain services made available via THECHARTERMASTER.COM are
delivered by third party sites and organizations. By using any product, service
or functionality originating from the THECHARTERMASTER.COM domain, you hereby
acknowledge and consent that THECHARTERMASTER.COM may share such information
and data with any third party with whom THECHARTERMASTER.COM has a contractual
relationship to provide the requested product, service or functionality on
behalf of THECHARTERMASTER.COM users and customers.
No Unlawful or
Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use THECHARTERMASTER.COM strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to
THECHARTERMASTER.COM that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of THECHARTERMASTER.COM or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site.
THECHARTERMASTER.COM content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written
permission of THECHARTERMASTER.COM and the copyright owner. You agree that you
do not acquire any ownership rights in any protected content. We do not grant
you any licenses, express or implied, to the intellectual property of
THECHARTERMASTER.COM or our licensors except as expressly authorized by these
Terms.
Use of Communication
Services
The Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
THECHARTERMASTER.COM has no obligation to monitor the
Communication Services. However, THECHARTERMASTER.COM reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion. THECHARTERMASTER.COM reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
THECHARTERMASTER.COM reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in
THECHARTERMASTER.COM's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. THECHARTERMASTER.COM does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
THECHARTERMASTER.COM specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized THECHARTERMASTER.COM
spokespersons, and their views do not necessarily reflect those of
THECHARTERMASTER.COM.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.
Materials Provided to
THECHARTERMASTER.COM or Posted on Any THECHARTERMASTER.COM Web Page
THECHARTERMASTER.COM does not claim ownership of the
materials you provide to THECHARTERMASTER.COM (including feedback and
suggestions) or post, upload, input or submit to any THECHARTERMASTER.COM Site
or our associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting THECHARTERMASTER.COM, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. THECHARTERMASTER.COM is under no obligation to
post or use any Submission you may provide and may remove any Submission at any
time in THECHARTERMASTER.COM's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
International Users
The Service is controlled, operated and administered by
THECHARTERMASTER.COM from our offices within the USA. If you access the Service
from a location outside the USA, you are responsible for compliance with all
local laws. You agree that you will not use the THECHARTERMASTER.COM Content
accessed through THECHARTERMASTER.COM in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless
THECHARTERMASTER.COM, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. THECHARTERMASTER.COM
reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with THECHARTERMASTER.COM in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
THECHARTERMASTER.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE SITE AT ANY TIME.
THECHARTERMASTER.COM AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. THECHARTERMASTER.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL THECHARTERMASTER.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THECHARTERMASTER.COM OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access
Restriction
THECHARTERMASTER.COM reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
California and you hereby consent to the exclusive jurisdiction and venue of
courts in California in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and THECHARTERMASTER.COM as a result of
this agreement or use of the Site. THECHARTERMASTER.COM's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of THECHARTERMASTER.COM's right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by
THECHARTERMASTER.COM with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and THECHARTERMASTER.COM with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and THECHARTERMASTER.COM with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
THECHARTERMASTER.COM reserves the right, in its sole
discretion, to change the Terms under which THECHARTERMASTER.COM is offered.
The most current version of the Terms will supersede all previous versions.
THECHARTERMASTER.COM encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
THECHARTERMASTER.COM welcomes your questions or comments
regarding the Terms:
THECHARTERMASTER.COM
_________________
_________________, _________________ _________________
Email Address:
info@thechartermaster.com
Telephone number:
_________________
Effective as of March 31, 2025