Last Updated 1/24/2017
CAREFREE YACHT CHARTERS, LLC ("CYC") is the owner and operator of CAREFREECHARTERS and may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing CAREFREECHARTERS for any reason. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind the entity to these terms and conditions, in which case the terms "you" or "your" shall refer to the entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Service. The term “post” as used herein shall mean information that You submit, publish or display on any CYC Site (as defined below).
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use CAREFREECHARTERS in any manner. By visiting CAREFREECHARTERS or accepting these Terms, You represent and warrant to CYC that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to CYC that You will use CAREFREECHARTERS in a manner consistent with any and all applicable laws and regulations.
2. Use of CAREFREECHARTERS Content.
CYC authorizes You to view and access a single copy of the content available on or from CAREFREECHARTERS solely for your personal use. The contents of CAREFREECHARTERS, and of all other Web sites under CYC's control, whether partial or otherwise (CAREFREECHARTERS and such other Web sites are sometimes collectively referred to as "CYC Sites") such as text, graphics, images, logos, button icons, software and other CYC content (collectively, "CYC Content"), are protected under both United States and foreign copyright, trademark and other laws. All CYC Content is the property of CYC or its content suppliers or licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the CYC Sites is the exclusive property of CYC and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the CYC Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original CYC Content on any authorized copy You make of the CYC Content.
You agree not to sell or modify the CYC Content or reproduce, display, publicly perform, distribute, or otherwise use the CYC Content in any way for any public or commercial purpose, in connection with products or services that are not those of CAREFREECHARTERS, in any other manner that is likely to cause confusion among consumers, that disparages or discredits CAREFREECHARTERS or its licensors, that dilutes the strength of CAREFREECHARTERS's or its licensor's property, or that otherwise infringes CAREFREECHARTERS's or its licensor's intellectual property rights. You further agree to in no other way misuse CYC Content that appears on this Site, other than those specifically permitted herein or by written agreement with CAREFREECHARTERS. Unless specifically permitted herein or in writing by CAREFREECHARTERS, the use of the CYC Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that CAREFREECHARTERS creates to generate or display any CYC Content or the pages making up any CYC Site is also protected by CAREFREECHARTERS's copyright and you may not copy or adapt such code.
(2)(i) CYC's Ownership Rights.CYC and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the CAREFREECHARTERS products and services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the CAREFREECHARTERS products and services. By entering into this Agreement or by visiting or using CAREFREECHARTERS, You will not acquire any intellectual property or similar rights in the CAREFREECHARTERS products or services other than a limited right to use the products or services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CAREFREECHARTERS products or related products and services; or (ii) use CAREFREECHARTERS's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without CYC's prior written consent.
(ii) Your Ownership Rights. Subject to the licenses granted in this Agreement, You retain any right, title and interest, including without limitation all worldwide intellectual property rights, in and to the Content of any information that are placed, submitted, posted or displayed by You on or through the CAREFREECHARTERS products and services. By submitting content, such as reviews, You grant CYC an unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without further compensation or payment, for the limited purposes of providing the CAREFREECHARTERS products and services to you. You acknowledge that You are aware that CYC has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that CYC assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, CYC is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using Your Content or intellectual property upon revocation. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights. You agree to be identified as a customer of CAREFREECHARTERS and you agree that CYC may refer to you by corporate name, trade name and/or trademark, if applicable, unless you specifically request in writing that you wish to not be identified as a current and/or past user of CAREFREECHARTERS. You hereby grant CYC a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to CYC pursuant to this marketing section.
(iii) CYC's Limited Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the CAREFREECHARTERS marks (including but not limited to CAREFREE YACHT CHARTERS ,U.S. Reg. No. 4775685) solely for purposes of identifying CAREFREECHARTERS and solely in connection with Your permitted activities under this Agreement. You agree that the CAREFREECHARTERS marks and all associated goodwill are and will remain the sole property of CYC, that any goodwill generated as a result of Your licensed use of the CAREFREECHARTERS marks belongs exclusively to CYC and inures solely to the benefit of CYC, and that Your use of CAREFREECHARTERS marks is subject to CYC's control of the quality of any products or services with respect to which You may be authorized to use the CAREFREECHARTERS marks.
3. CAREFREECHARTERS Site Restrictions.
You may not use the CAREFREECHARTERS Site in order to transmit, post, distribute, store or destroy material, including without limitation, CYC Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You warrant and agree that, while using the CAREFREECHARTERS site and the various services and features offered on or through the CAREFREECHARTERS site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the CAREFREECHARTERS site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the CAREFREECHARTERS site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the CAREFREECHARTERS Site or the services offered on or through the CAREFREECHARTERS site, including without limitation any information residing on any server or database connected to the CAREFREECHARTERS site or the services offered on or through the CAREFREECHARTERS site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the CAREFREECHARTERS site or the services made available on or through the CAREFREECHARTERS site in any manner with the intent to interrupt, damage, disable, overburden, or impair the CAREFREECHARTERS site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the CAREFREECHARTERS site's services or features in violation of CAREFREECHARTERS or any third party's intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids CAREFREECHARTERS site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the CAREFREECHARTERS site, or any transaction via the CAREFREECHARTERS site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the CAREFREECHARTERS site or the CAREFREECHARTERS site's services in violation of any applicable law.
You further agree that you may not attempt (or encourage or support anyone else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the CAREFREECHARTERS site or the CAREFREECHARTERS site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the CAREFREECHARTERS site in any manner that could damage, disable, overburden, or impair the CAREFREECHARTERS site or interfere with any other party's use and enjoyment of the CAREFREECHARTERS site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the CAREFREECHARTERS site.
The following is an additional list of User Content that is prohibited on the CAREFREECHARTERS Sites. Prohibited Content includes such Content that: (1) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; (2) harasses, incites harassment or advocates harassment of any group or individual; (3) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (4) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (5) promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; (6) contains restricted or password only access pages, or hidden pages or images; (7) displays or links to pornographic, indecent or sexually explicit material of any kind; (8) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or (9) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and (10) solicits passwords or personal identifying information from other Users.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, CAREFREECHARTERS may in its sole discretion investigate the allegation and determine whether to take any other actions and whether to remove or request the removal of the User Content. CAREFREECHARTERS has no liability or responsibility to Users for performance or nonperformance of such activities. You acknowledge that CYC may or may not pre-screen Content, but that CYC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, CYC and its designees shall have the right to remove any Content that violates these terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CYC or submitted to CYC. CAREFREECHARTERS does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, CAREFREECHARTERS may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. CAREFREECHARTERS has no liability or responsibility to Users for performance or nonperformance of such activities.
4. Separate Agreements Required:
You understand and expressly agree that the booking of a charter is subject to an additional written agreement. Your submission of information through the CAREFREECHARTERS site does not create a binding charter reservation. Your use of You CAREFREECHARTERS is limited, and may include searching for available charters and communicating with CAREFREECHARTERS about your selections, payments options and preferences for a specific charter. In some instances, CAREFREECHARTERS may be a party in the separate agreements, as a listed broker, but in all instances, Your interaction will be with the third party offering the charter.
5. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to CYC, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address
- A description of the copyrighted work that you claim has been infringed
- A description of where the alleged infringing material is located
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- 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 the copyright owner’s behalf.
DMCA Copyright Agent
Carefree Yacht Charters, LLC
401 E Las Olas Blvd. #130-232
Fort Lauderdale, FL 33301
6. User Content, Submissions and Inquiries.
You are solely responsible for your CAREFREECHARTERS user information, profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images (herein "User Content") that You submit to CAREFREECHARTERS or transmit to CYC. You agree that in submitting User Content or otherwise using CAREFREECHARTERS that you will not impersonate any person, or submit any materials to CAREFREECHARTERS that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
CAREFREECHARTERS keeps your User Content confidential and only shares it with authorized CAREFREECHARTERS employees or independent contractors. Additionally, CAREFREECHARTERS discloses all of the information You have provided to CAREFREECHARTERS in the online Preference Form to one or more of the following: (a) central listing agent, (b) crew, and (c)vessel owner (collectively “Yacht Agent”).
7. Account Information/Passwords:
In order to access some features of CAREFREECHARTERS, you will be required to create a CAREFREECHARTERS login account. You may never use another User's account. When creating Your account, You must provide accurate and complete information and promptly update Your account if any of your User information changes. You are solely responsible for the activity that occurs on Your account and for keeping Your account password secure. You must notify CYC immediately of any breach of security or unauthorized use of Your account.
You understand and acknowledge that You have no ownership rights in Your CAREFREECHARTERS Account, and that if You cancel any charter then Your CAREFREECHARTERS Account, all Your CAREFREECHARTERS Account Information, within CAREFREECHARTERS, including but not limited to information on your Preferences Form, may be marked as deleted in CAREFREECHARTERS's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through CAREFREECHARTERS's web servers. In addition, the third party Yacht Agents may retain copies of Your CAREFREECHARTERS Account Information, which was supplied prior to your charter event. CAREFREECHARTERS will retain certain information as required by applicable law.
Upon completion of a charter, CAREFREECHARTERS will deactivate Your access to that specific charter related Account information. If You choose to book another charter with CAREFREECHARTERS, then you may be asked to enter in new account information, ore may be provided a partially completed form, based upon your prior activities with CAREFREECHARTERS.
8. CAREFREECHARTERS's Liability.
CAREFREECHARTERS acts as an on-line service portal, providing arrangement of crewed yacht charters, destination information, travel information and excursion information to the British Virgin Islands as well as other Caribbean destinations. CYC is not the owner of the Yachts, nor the listing agency for the Yachts. Additionally, CYC is not responsible for, nor does it employ any of the crew on the Yachts. As a result, CYC has no control over the quality, safety or legality of the charters, excursions, crew, and/or locations, and CYC makes no representations about any charter results from booking through CAREFREECHARTERS.
CYC may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for CYC, damage CYC and/or CAREFREECHARTERS's brand or public image, or cause CYC and/or CAREFREECHARTERS to lose (in whole or in part) the services of its ISPs or other suppliers. While CYC reserves the right in its sole discretion to remove content or material from CAREFREECHARTERS from time to time, CYC does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The CAREFREECHARTERS Site and the User Content may contain inaccuracies or typographical errors. CYC makes no representations about the accuracy, reliability, completeness, or timeliness of any CAREFREECHARTERS Site or the User Content. CAREFREECHARTERS may make some suggestions or recommendations based on popular charter selections. These suggestions or recommendations are purely opinion and You should make Your own informed decision. The use of all CAREFREECHARTERS Sites and the User Content is at your own risk. Changes are periodically made to CAREFREECHARTERS Sites and may be made at any time.
CAREFREECHARTERS cannot guarantee and does not promise any specific results from use of CAREFREECHARTERS or any CAREFREECHARTERS Site. No advice or information, whether oral or written, obtained by a User from CAREFREECHARTERS or through or from CAREFREECHARTERS or any other CAREFREECHARTERS Site shall create any warranty not expressly stated herein.
9. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CYC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, CYC AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ITS AGENTS. ANY SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY CAREFREECHARTERS "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND CAREFREECHARTERS OR ITS LICENSOR.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL CYC AND/OR CAREFREECHARTERS, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CAREFREECHARTERS FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS/SERVICES VIA THE SITE.
11. Local Standards.
We do not represent that materials on the CAREFREECHARTERS Site are appropriate for use in all locations. Persons who choose to access the CAREFREECHARTERS Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Links to Content and Other Sites.
CAREFREECHARTERS and certain other CAREFREECHARTERS Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by CAREFREECHARTERS of the contents on such third-party Web sites. CAREFREECHARTERS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
CAREFREECHARTERS and certain other CAREFREECHARTERS Sites contain links to social media sites. These links are provided solely as a convenience to You and not as an endorsement by CYC and/or CAREFREECHARTERS of the content on such social media sites. CYC and/or CAREFREECHARTERS is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with CAREFREECHARTERS is at your own risk.
You agree to defend, indemnify, and hold harmless CYC and CAREFREECHARTERS, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any CAREFREECHARTERS Site, (ii) your use of any CAREFREECHARTERS Content, or (iii) your breach of the terms of these Terms. CAREFREECHARTERS shall provide notice to You promptly of any such claim, suit, or proceeding.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by CYC must be made in writing and signed by an authorized representative of CYC specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, CAREFREECHARTERS's successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
15. Legal Disputes.
If any dispute arises between You, a Visitor, another User, and/or CAREFREECHARTERS/CYC or any combination thereof, as it relates to CAREFREECHARTERS and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Broward County, Florida and the decision of a single English speaking arbitrator shall be final and binding. You further agree that in the event CAREFREECHARTERS becomes a party to the dispute involving this Agreement, each party shall bear its own costs and legal fees. In any disputes between You, another registered user, and/or another game participant, where CAREFREECHARTERS is not a party to the suit, you agree to pay $1,000.00 in damages and costs for CAREFREECHARTERS having to respond to any subpoena regarding the dispute.
The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. In the event that a Court determines that the arbitration clause below is unenforceable or inapplicable, You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Florida, Broward County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County in the State of Florida.
These Terms constitute a binding agreement between You and CYC, and is accepted by You upon your use of the CAREFREECHARTERS Site.
16. Electronic Acceptance.