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Terms of Use

Terms of Use

Policies & Terms of Use

The following terms (“Terms of Use”) constitute an agreement between Should Be Cruising (“SBC”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by SBC (“Website”), located at https://www.shouldbecruising.com/.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. SBC reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PRIVACY POLICY

AFFILIATE MARKETING DISCLOSURE POLICY

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase It does NOT result in any additional charges or costs to you.

All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

DISCLAIMERS & TERMS OF USE

GENERAL DISCLAIMERS

SBC has made every effort to ensure that all information on the Website has been tested for accuracy. SBC makes no guarantees regarding the results that you will see from using the information provided on the Website.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. SBC makes no representations, warranties or guarantees. You understand that results may vary from person to person. SBC assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, SBC owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of SBC’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to SBC.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without SBC’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without SBC’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by SBC or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

SBC’s trademarks and trade dress may not be used in connection with any product or service that is not SBC’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits SBC.

GRANT OF RIGHTS

You grant SBC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant SBC the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or SBC or a third party.

SBC reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on SBC’s servers; or, (iii) hosted or published on the Website. SBC takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding SBC’s rights under the Terms of Use, SBC does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMUNICATION

If you send SBC an email, register to use the Website or provide your email to SBC in any other way, you consent to receive communications from SBC electronically. You agree that all legal notices provided via electronic means from SBC satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by SBC. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. SBC assumes no control or liability over the content of any third-party sites. You expressly hold harmless SBC from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold SBC harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. SBC makes no representations or warranties in relation to the Website or the information and materials provided therein.

SBC makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. SBC is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

SBC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold SBC, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which SBC suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of New Hampshire. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Belknap County, New Hampshire. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without SBC’s prior written consent, however, the Terms of Use may be assigned by SBC in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by SBC.

All notices with respect to the Terms of Use must be in writing and may be via email to info@shouldbecruising.com for SBC and to your email address.