CCO Boat Club Terms of Use

Effective Date – 09/01/2024

1.     Introduction

This site and any mobile application or other online service or store (“Site”) is operated by CCO Boat Club and hosted by Shopify, Inc., if applicable. These Terms of Use (“Terms”) apply to the use of the Site and any other contract or website that incorporates these Terms by reference. Throughout the Site, the terms “CCO Boat Club,” “we,” “us” and “our” refer to CCO Boat Club LLC, a Florida limited liability company, and its affiliated, related and subsidiary companies along with their directors, officers, managers, members, employees, agents, independent contractors and representatives. CCO Boat Club operates the Site, including all information, tools, products, goods and services available from the Site to individuals for their non-commercial use only and subject to these Terms (individually, “you,” “your,” or “user” and collectively, “you” or “users”). For the avoidance of doubt, the term “Site” (i) includes any website owned or operated by CCO Boat Club or a CCO Boat Club affiliated, related or subsidiary company that incorporates these Terms by reference (“CCO Boat Club Affiliate Site”) and (ii) shall be interpreted to mean this Site or any other applicable CCO Boat Club Affiliate Site that you access or use.

These Terms are effective as of the Effective Date identified above. The act of accessing or using the Site signifies your consent to these Terms without limitation or qualification. If you do not agree to these Terms, you should not access or use the Site. CCO Boat Club reserves the right to modify these Terms and the contents of the Site, including the features, availability or operation of the Site, at any time in our sole discretion by posting the updated or changed content to the Site. All such changes shall be immediately effective. You agree to monitor the Site for any changes made thereon and that your continued use of the Site following the posting of any changes indicates your understanding of and agreement to such changes.

Additional or different terms may apply to some products, services or portions of the Site, such as specific product warranties or service terms. Those terms will be posted on the specific product or on the Site in connection with the relevant offering and will control in the event of a conflict with the Terms for that product, service or Site feature.

The Site may contain links to goods, services or content that are not under our control, including third-party websites, apps or third-party products available for purchase (“Third-Party Content”). Links to the Third-Party Content are provided as a convenience only. CCO Boat Club is not responsible for and disclaims all liability with respect to the Third-Party Content. The act of providing a link does not constitute an endorsement or recommendation of the Third-Party Content by CCO Boat Club. Use of the Third-Party Content is subject to any relevant terms and conditions posted or made available at the linked websites or apps and not to these Terms. Finally, some CCO Boat Club products or services are offered for sale by independent dealers or third-party companies and the purchase of any such product or service is subject to the terms and conditions of the applicable contract or other form of agreement and not to these Terms.

 

 

2.     Privacy Policy

We have a Privacy Policy that applies to the Site. It contains important information about the ways that we collect, use and share information about you. We encourage you to read it so that you will understand your choices concerning the protection of your personal information. Our Privacy Policy is considered a part of these Terms. For the avoidance of doubt, any complaint, dispute, claim or proceeding related to our Privacy Policy or with respect to how we collect, process or otherwise use your personal information will be resolved and adjudicated in accordance with these Terms. Your submission of personal information through the Site is governed by our Privacy Policy.

3.     Ability to Accept Terms of Use

You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations and warranties. You affirm that you have given us your consent to allow any of your minor dependents to use the Site. You agree to abide by and comply with these Terms.

4.     Accuracy, Completeness and Timeliness of Information

Although CCO Boat Club makes commercially reasonable efforts to ensure that all information included on the Site is correct and timely, CCO Boat Club cannot and does not ensure the complete accuracy, completeness and timeliness of the information on the Site. CCO Boat Club does not assume any liability with regard to any inaccurate, incomplete or untimely information included on the Site.

CCO Boat Club neither represents nor warrants to you that any product or service depicted or mentioned on the Site are currently available for sale or are in production or has been tested for commercial use. Regardless of any information presented on the Site, CCO Boat Club reserves the right, without prior notice, to discontinue any products or services, including models, parts, accessories and other items, or to change the prices or specifications for any future sales at any time without liability or obligation to you. Information on the Site does not constitute a binding offer to buy or sell any products or services or to make any products or services available in your area. CCO Boat Club also does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Information on the Site regarding job openings does not constitute a binding offer of employment.

5.     Use of the Site and Standards of Conduct

The Site constitutes valuable intellectual property of CCO Boat Club. You agree not to misuse the Site or its content and that you will not do, or attempt to do, or encourage or assist others to do, any of the following:

§  Disrupt or interfere with the normal operation and navigation of the Site or the availability of the Site to other users;

§  Circumvent any measures we use to limit access to the Site or any particular content available on the Site;

§  Access the Site using any type of “robot,” “spider,” “scraper” or other automated means unless specifically authorized by us in writing;

§  Provide or use a false name, email address or other contact information, impersonate any person or entity or otherwise misrepresent your identity, affiliation or the origin of materials you transmit;

§  Display the Site or any of its content in a “frame” or otherwise in connection with any other content or trademark, or in any other way that could deprive CCO Boat Club of revenue or falsely suggest a relationship between us and any third party;

§  Make any commercial use of the Site or its content, including collection or use of information concerning our product offerings, descriptions, images, prices and sales volumes, except as we may specifically authorize in writing;

§  Maintain any link to the Site from any commercial website other than an authorized website of CCO Boat Club products and services;

§  Transmit to or through the Site any viruses, spyware, adware or other harmful code, political campaign communications, chain letters, mass mailings or any form of “spam”;

§  Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the Site;

§  Use the Site to advertise or promote any goods or services other than the products and services of CCO Boat Club;

§  Use the Site to transmit or collect personal information about users;

§  Use the Site or any content from the Site to advertise or solicit for any other person, entity or cause or otherwise to compete with us or act illegally or maliciously against our business interests or reputation;

§  Use the Site for the purpose of exploiting, harming or attempting to exploit or harm others;

§  Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or which, as determined by us in our sole discretion, may harm CCO Boat Club or users of the Site or expose them to liability; or

§  Use 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 United States or other countries).

If you violate this Section 5, we may terminate your right to access to the Site, take other remedial actions and seek any remedies permitted by law. Termination of access or use of the Site will not waive or affect any right or relief to which CCO Boat Club may be entitled at law or in equity.

6.     Accounts

The Site may provide the opportunity for you to create a user account to access certain functionality provided through the Site (“User Account”). This Section 6 establishes additional terms that apply to User Accounts.

You may only create and hold one User Account for the Site and you may not use anyone else’s User Account. Certain information is required by CCO Boat Club for you to establish a User Account. We may invite you to provide other information that is optional. When we request information from you to create a User Account, you must provide CCO Boat Club with accurate and complete information. You also must update your account when the information you have provided to us changes. You may do so either through the account section on the relevant Site or by contacting us at info@ccoboatclub.com. CCO Boat Club may use the information you provide in creating a User Account as set forth in its Privacy Policy and other provisions of these Terms.

You are responsible for maintaining the confidentiality of your User Account authentication credentials such as your account login names and passwords. You must not permit use of your User Account by anyone but you. You accept responsibility for all activities and transactions that occur under your User Account. If you have reason to believe that an unauthorized person is using or has accessed your User Account, please contact us immediately at info@ccoboatclub.com. We are not responsible for any loss or damage resulting from unauthorized use of your User Account.

You authorize us to use the contact information you provide us with to communicate with you about our Sites, products and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, including through posting or email, satisfy any legal requirement that such communications be in writing. You may opt-out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.

We reserve the right to terminate access to your User Account at any time, without notice, in our sole discretion for any reason or no reason, including but not limited to inactivity or misuse. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination these Terms shall continue to apply to any other use of the Site that you are permitted to make.

The Site provides various mechanisms to disable or delete your User Account. For many of our Sites you can log in to your User Account and disable or delete your account through the account settings. In some instances, CCO Boat Club may retain some of the associated account information for reporting or regulatory purposes after a User Account has been disabled or deleted.

Please note that if you have created a User Account with us and that same User Account can be accessed either through a website or through a mobile app (e.g., CCO Boat Club App), deleting the mobile app will not delete your User Account. You must visit the website to delete your User Account or contact us at info@ccoboatclub.com.

7.     Community Forums and User Content

The Site may provide the opportunity for you to submit comments or otherwise transmit or publish material through the Site including, but not limited to, product reviews, blogs, “My Community” sections and official CCO Boat Club social media accounts on Facebook, Instagram and other Social Platforms (collectively, “Community Forums”). Information you provide to us other than product orders and personal information is referred to in these Terms as “User Content.” This Section 7, “Community Forums and User Content,” states additional terms that apply to User Content.

You are solely responsible for any User Content you submit to the Site, including the legality, reliability, appropriateness and originality of such User Content and you hold all necessary rights to post such User Content. You are prohibited from submitting any User Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or is otherwise objectionable, (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violates any law or (iii) violates the provisions of Section 5, “Use of the Site and Standards of Conduct.” When you submit User Content, you represent and warrant that you have the right to provide it to us, that it does not violate the prohibitions above and that it is not inaccurate, false or misleading.

When you submit User Content you acknowledge and agree that the profile information you provided in connection with your User Account (e.g., your username) may be displayed with the User Content. You grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, fully transferable and sublicensable license to use, reproduce, create derivative works of, distribute, perform, display and in any other way exploit the User Content, including your username, by any means now known or developed in the future and for any purpose, including for developing, manufacturing and marketing our products and services and in advertising. You agree that (i) User Content is not being provided to us in confidence; (ii) there is no confidential or fiduciary relationship between you and us; and (iii) you have no expectation that we will review, acknowledge or compensate you for use of your User Content.

To avoid the possibility of misunderstandings, our policy is not to accept creative ideas, product designs, proposals, business plans or similar materials provided as User Content. Please do not provide us any such materials. If you nonetheless do so, the immediately preceding paragraph will apply.

Additionally, we have the right to remove or refuse to post any User Content at any time for any reason or no reason in our sole discretion and to take any such other actions with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes the intellectual property rights or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for CCO Boat Club. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that User Content posted by you violates their rights, including their intellectual property or privacy rights and take appropriate legal action, including without limitation, referral to law enforcement. We have the absolute right to terminate or suspend your access to all or any part of the Site for any reason whatsoever, including without limitation, for any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU HEREBY RELEASE, WAIVE AND HOLD CCO BOAT CLUB AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CCO BOAT CLUB OR ANY OF THE FOREGOING PARTIES IN RELATION TO YOUR USER CONTENT OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY CCO BOAT CLUB AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake an obligation to review material before it is posted on the Site and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for taking any action in relation to the User Content which may have the effect of mitigating damages in connection with the same. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 7.

 

8.     Purchases & Financing Information

Financing Information. The Site may provide opportunities for you to enter personal information and obtain additional details on financing options for some of our products and services. Financing information may be provided by us or by other third parties and is subject to those additional terms, including, if applicable, third parties’ policies and terms.

If you wish to purchase products or services described on the Site, you will be asked to supply certain information, including but not limited to your shipping address and credit card or other payment or financial information. You agree that all such information that you provide to us will be accurate, current and complete. You agree to pay all charges incurred through your User Account and/or credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card or third-party payment application when your item is purchased. Orders shipped to a location other than your billing address may require additional verification. All monetary transactions on the Site take place in U.S. dollars.

You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.

We reserve the right to refuse to process or complete any transaction and to cancel any transaction in our sole discretion.

The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, which may include, but not be limited to: Visa, MasterCard, American Express and Discover, and other third-party payment applications such as CashApp, Venmo and Zelle, all as detailed on the applicable payment screen.

While we may confirm receipt and processing of an order by email, such confirmation does not constitute our acceptance of your order. We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to shipping. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree not to try to exceed stated quantity limits (except where specifically noted), violate the terms of any specific offer or promotion or place orders through the Site if we have notified you that you are prohibited from placing orders through the Site.

Product and Service Descriptions

We strive to describe our products and services as accurately as possible on the Site. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current or error-free. All features, content, specifications, sizes, models and prices of products and services described or depicted on the Site are subject to availability and may change at any time by removing the product or posting an updated product description on the Site. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. All products and services shall be subject to any product-specific terms posted on the Site, including any product warranties, terms or restrictions, and posted on the specific product.

Shipping Policies

When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped. To the extent noted during the check-out process, there will be a shipping charge on your order. Expedited shipping may also be purchased at additional cost as displayed to you at the time of purchase.

The U.S. Postal Service delivers to P.O. boxes, but this method may delay your order. Please note that Next Business Day and 2nd Business Day shipping options are not available for delivery to P.O. boxes. We will send you emails with updates on your order’s status as they become available. Additional charges may apply for shipments to Alaska and Hawaii.

Shipping to addresses outside the U.S. is available on a limited basis and may be subject to additional terms, fees and restrictions. Such information will be provided to you during the checkout process. If you have any questions or require additional information about shipping to addresses outside the U.S., please contact us using the information in the “How to Contact Us” section, below.

If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products and the risk of loss or damage to the products is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.

Discount Codes, Promotions, Sweepstakes & Consents

From time to time in our sole discretion, we may offer “discount codes,” “promotional codes,” “promo codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site. Such offer codes may be subject to certain exclusions or other restrictions as determined and communicated by us. Only valid offer codes provided or promoted by CCO Boat Club will be honored at checkout. Each offer code is non-transferable and valid for a single use on an item (or items) as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the “Apply Discount” or coupon field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired and where prohibited. Requests not complying with all offer code requirements will not be honored. Promotions cannot be combined unless we specifically state otherwise.

In addition to offer codes, from time to time CCO Boat Club may conduct a sweepstakes and other contests and promotions (“Sweepstakes”). Your eligibility to participate in, as well as your participation in any such Sweepstakes shall be governed by the specific set of terms and conditions (“Sweepstakes Rules”) governing the Sweepstakes, as the same shall be made available for review at the time of the submission of an entry into the Sweepstakes. By participating in the Sweepstakes, you agree to the applicable Sweepstakes Rules. CCO Boat Club may also offer Sweepstakes that are hosted by or offered in conjunction with third parties. The third parties may impose additional or different terms to such Sweepstakes. The relevant terms will be posted where the information is collected to enter into the Sweepstakes. If the other terms are inconsistent with these Terms, the other terms will govern for that contest or Sweepstakes.

Returns

Return policies are posted on the Site. We reserve the right to refuse to issue a refund or credit and the right to recover the cost of return delivery from you if any product you return (i) is not eligible for return in accordance with the relevant return policy or the terms of any specific offer or promotion or (ii) is found to have suffered damage after delivery to you including as a result of having been misused by you. We take legal title to returned products only after they arrive and are processed at our designated returns location.

Return terms and policies may vary. Please check the return policy on the Site for additional details. Where the Return terms and policies are different on the Site from what is stated above in these Terms, the specific posted return terms and policies on the Site will control.

9.     Intellectual Property

All content included on the Site, including text, designs, graphics, trademarks, service marks, logos, icons, images, audio clips, downloads, interfaces and software, any intellectual property held by CCO Boat Club and the selection and arrangement of any of these, are the exclusive property of CCO Boat Club, its content providers and applicable trademark owners and are protected by copyright, trademark and other applicable laws. The copying, downloading and/or printing of content included on the Site is for your personal and noncommercial use only and is conditioned on your not modifying, deleting or misusing any copyright, trademark or other proprietary notice that appears on the content. Any other use of content contained on or obtained from the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content obtained from the Site is expressly prohibited. CCO Boat Club, its content providers and applicable trademark owners retain full and complete title to the content provided on the Site, including all associated intellectual property rights. Nothing on the Site shall be construed as granting by implication, estoppel or otherwise, any license or right to use any content, including any trademark, logo or service mark displayed on the Site, without the owner’s prior written permission, except as otherwise described herein. CCO Boat Club reserves all rights not expressly granted in and to the Site and its content.

We may make Intellectual Property available through the Site to dealers and other third parties with whom we have additional agreements in place. In some cases, those materials are subject to separate agreements or terms, which may be posted on the relevant Site or require separate authentication credentials.

You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Site, (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site and (iv) access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you and all rights not expressly granted are reserved by CCO Boat Club. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The CCO Boat Club name, logo and all related names, logos, product and service names, designs and slogans are trademarks of CCO Boat Club or its affiliates or licensors. You must not use such marks without the prior written permission of CCO Boat Club. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

10.  SMS Terms and Conditions

1. Introduction
Welcome to CCO Boat Club. By accessing or using our services, including receiving SMS communications, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please do not engage with our services.
2. Consent for SMS Communication
SMS Terms of Service
By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from CCO Boat Club. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy here . Message HELP for help. Reply STOP to any message to opt out.
3. Types of SMS Communications
If you have consented to receive text messages, you may receive SMS communications related to the following:
Customers and Guests: Updates regarding your orders, deliveries, or other relevant information.
Job Applicants: Information about your application status, onboarding materials, or other employment-related updates.
4. Standard Messaging Disclosures
Message and data rates may apply.
You can opt out at any time by texting "STOP."
For assistance, text "HELP" " to any text message or contact us directly at 305-363-5099 , you can email us at info@ccoboatclub.com or visit our Privacy Policy and Terms of Service
Message frequency may vary.

11.  Digital Millennium Copyright Act Notice

CCO Boat Club respects the intellectual property rights of others and requests and expects that you do the same. If you believe that any content appearing on the Site has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Digital Millennium Copyright Act Agent named below:

CCO Boat Club

Attn: Law Department/Copyright Agent

info@ccoboatclub.com
3004 Northwest 79th Avenue

Doral, Florida 33122

305-282-2680

 

To be effective, the notification must include all of the following:

1.     a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;

2.     identification of the copyrighted work claimed to have been infringed;

3.     information sufficient to locate the allegedly infringing material on the Site;

4.     name, address, telephone number, e-mail address and other information necessary to permit CCO Boat Club to contact the person submitting the notification;

5.     a statement that the person submitting the notification has a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the laws; and

6.     a statement that the information in the notification is accurate and, under penalty of perjury, that the person submitting the notification is the copyright owner or is otherwise authorized to act on behalf of the copyright owner.

CCO Boat Club is under no obligation to take any action based on a notification of claimed infringement and the absolute right and discretion to remove any information and/or material from the Site remains with CCO Boat Club.

12.   Dispute Resolution

If you have any dispute with or claim against CCO Boat Club (“Claim”) arising out of or relating to the Site, these Terms, any product acquired through the Site or any communications between you and us relating to the Site and the claim is not resolved by contacting us at the contact information provided in the “How to Contact Us” section of these Terms, you and we each agree to resolve such disputes through an individual binding arbitration. Class arbitrations and class actions are not permitted and your Claim may not be consolidated with any other person’s claim. This Section 11 shall survive the termination of your use of the Site or any User Account that you may have.

By virtue of this Section 11 you and CCO Boat Club are each giving up the right to go to court and have a Claim heard by a judge or jury except in small claims court. The provisions of this Section 11 shall constitute your and CCO Boat Club’s written agreement to arbitrate under the Federal Arbitration Act. Any modification to this Agreement shall be in writing and signed by you and CCO Boat Club.

Before you commence an arbitration notice with respect to your Claim, you must first send to us a written notice of your claim (“Notice”). The Notice must (1) be sent by certified mail; (2) be addressed to CCO Boat Club, Attn: Law Department, 3004 Northwest 79th Avenue, Doral, Florida 33122; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. You must provide such a notice within one (1) year after your Claim accrued. Otherwise, you irrevocably waive the Claim. If we and you do not then resolve the Claim within thirty (30) days after our receipt of your Notice is received, either you or we may commence an arbitration action to resolve the Claim.

 

Any such arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer Arbitration Rules, available at http://www.adr.org. The arbitrator will apply and be bound by these Terms, apply applicable law and the facts and issue a reasoned award. In circumstances in which the applicable rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in Miami, Florida.

For any Claim that does not exceed $5,000.00, we will pay all filing and arbitrator’s fees unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose. If the arbitrator awards you damages that are greater than our last written settlement offer communicated before commencement of arbitration, we will pay you the greater of $500.00 or the amount of the award.

 

 

 

13.  DISCLAIMERS

Released Parties Defined. “Released Parties”, as used in the Terms, include, individually and collectively, CCO Boat Club and its affiliates, related companies, subsidiaries, directors, officers, managers, members, employees, agents, representatives, partners and licensors.

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

14.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CCO BOAT CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US ON THE SITE; OR (VI) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.00. THE RELEASED PARTIES’ MAXIMUM LIABILITY WITH RESPECT TO ANY PRODUCT RELATED CLAIM SHALL BE TO HONOR THE PRODUCT WARRANTY POSTED ON THE SITE AT THE TIME OF PURCHASE.

15.  Indemnification

You agree to indemnify, defend and hold harmless the Released Parties and their service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your User Content or your use of the Site in violation of these Terms. Further, if you cause any technical disruption of the Site or the systems transmitting the Site or transmit any virus or harmful code to the Site, you agree to be responsible and liable for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs incurred by CCO Boat Club related to such acts. CCO Boat Club reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and in such case you agree to cooperate with CCO Boat Club in defense of such matter.

16.  Jurisdiction; English Language

The Site is controlled by CCO Boat Club from its offices located within the United States of America. These Terms and your use of the Site shall be governed by, and construed in accordance with, the internal laws of the State of Florida without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. If the Site is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site. The original and controlling version of these Terms shall be the version using the English language. All translations of these Terms into other languages shall be for convenience only and shall not control the meaning or application of these Terms. All notices and other communications required or permitted by these Terms must be in English and the interpretation and application of such notices and other communications shall be based solely upon the English language version thereof.

17.  Entire Agreement

These Terms along with any posted policies or operating rules constitute the entire understanding of CCO Boat Club and users and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18.  Severability

If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of these Terms shall remain in full force.

19.  How to Contact Us

Questions or comments about these Terms or the Site may be directed to us at the following:

§  Email: info@ccoboatclub.com

§  Phone: 305-282-2680

§  Mail: CCO Boat Club

3004 Northwest 79th Avenue

Doral, Florida 33122

In the event you or your employees or agents call CCO Boat Club, you hereby acknowledge and agree that such telephonic communications may be monitored and recorded to ensure quality of service and to create an accurate record of the telephonic communication and that the telephonic communication content may be disclosed to third parties and is not considered confidential information.

Thank you for visiting our site.