Welcome to Sail Beyond (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website located at www.sailbeyond.net (“Website”) and any related services provided by Sail Beyond. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Website.
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Website on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.
We reserve the right to amend these Terms at any time without prior notice. Such amendments will be effective immediately upon posting on the Website. Your continued use of the Website after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. By using our Website, you consent to the collection and use of information as described in the Privacy Policy.
4.1. Ownership of Content
All content on the Website, including but not limited to text, graphics, logos, images, videos, software, and other materials (“Content”), is the property of Sail Beyond or its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2. Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Content for your personal, non-commercial use, subject to these Terms.
4.3. Restrictions
You may not:
Our Website may contain links to third-party websites or services that are not owned or controlled by Sail Beyond. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. Accessing any third-party websites linked from our Website is at your own risk. We encourage you to read the terms and conditions and privacy policies of any third-party websites you visit.
6.1. Acceptable Use
You agree to use the Website only for lawful purposes and in accordance with these Terms.
6.2. Prohibited Activities
You agree not to:
7.1. Responsibility for User Content
If you post, upload, or otherwise make available any content on the Website (“User Content”), you are responsible for ensuring that such User Content complies with these Terms and all applicable laws.
7.2. Grant of License
By submitting User Content, you grant Sail Beyond a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and providing the Website and our services.
7.3. Removal of User Content
We reserve the right to remove or delete any User Content for any reason, including if we determine, in our sole discretion, that it violates these Terms or is otherwise inappropriate.
YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SAIL BEYOND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
We do not warrant that:
•The Website will meet your requirements.
•The Website will be uninterrupted, timely, secure, or error-free.
•The results obtained from the use of the Website will be accurate or reliable.
•Any errors in the Website will be corrected.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAIL BEYOND, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability to you for all claims arising out of or relating to these Terms or your use of the Website shall not exceed the amount you have paid to Sail Beyond in the last twelve months, if any.
You agree to indemnify, defend, and hold harmless Sail Beyond, its affiliates, licensors, and service providers, and their respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
Release: If you have a dispute with one or more users or any third party arising from your use of the Website, you release Sail Beyond (and its affiliates and licensors) from claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
We reserve the right, in our sole discretion, to suspend or terminate your access to all or part of the Website without notice for any reason, including without limitation any violation of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including intellectual property rights, disclaimers, indemnity, and limitations of liability.
We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Sail Beyond shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions.
You agree that any legal action or proceeding between you and Sail Beyond arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Albuquerque, New Mexico. You consent to the personal jurisdiction of such courts and waive any objection to such jurisdiction or venue.
14.1. Informal Resolution
Before initiating any legal action, you agree to contact us at [email protected] to attempt to resolve any dispute informally.
14.2. Arbitration
If a dispute cannot be resolved informally, it shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA), in Albuquerque, New Mexico. The arbitration shall be conducted in English, and the award shall be final and binding.
15.1. Waiver
No waiver by Sail Beyond of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to enforce a right or provision under these Terms does not constitute a waiver of that right or provision.
15.2. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary. The remaining provisions of the Terms will continue in full force and effect.
These Terms and our Privacy Policy constitute the entire agreement between you and Sail Beyond regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.
We are committed to making our Website accessible to everyone, including individuals with disabilities. If you experience any difficulty accessing any part of the Website, please contact us at [email protected], and we will work with you to provide the information or service you seek.
We may update the content on the Website from time to time but are under no obligation to do so. The content on the Website may not always be complete or up-to-date. We will make reasonable efforts to notify users of significant changes, which may include posting a notice on the Website or sending an email notification.
We may provide notices to you by posting them on the Website or by sending them to the email address or postal address you provided. Notices will be deemed given upon posting on the Website or upon delivery by email or postal mail.
If you have any questions, comments, or concerns about these Terms or the Website, please feel free to contact us by email at [email protected]