TERMS AND CONDITIONS
Last updated: February 1, 2020
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.carpediemsailing.com website operated by Carpe Diem Sail Training ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the instructional videos, and other materials (collectively the “Service”) accessed through https://www.carpediemsailing.com.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Disclaimer and Waiver
The Service is provided for informational purposes only and Carpe Diem Sail Training and its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents (collectively, “Creator”) make no claims, promises or guarantees about the accuracy, completeness or adequacy of the procedures and instructions herein.
Creator of the Service expressly disclaims liability for errors and omissions that any users of the Service might declare to exist in the information presented.
No liability exists or can be ascribed to Creator in the event of any accident or injury that might occur as a result of the application or understanding of the procedures and informative content in the Services.
In consideration of your access to the Service, you understand and agree to release, hold harmless, and discharge Carpe Diem Sail Training, its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents from all claims, costs, liabilities, expenses or judgments, including attorneys’ fees and court costs for any occurrences in connection with your use and/or reliance on the Service. You assume all risks in connection with your use and/or reliance on the Service and further release Carpe Diem Sail Training, its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents from liability for any injury sustained by your use and/or reliance on the Service, including all risks reasonably connected with sailing whether foreseen or unforeseen.
There are inherent risks in sailing that can result in personal injury, death or damages to property. Conditions are variable and unpredictable.
When practicing any principles demonstrated or explained in the Service, be aware that you are doing so at your sole risk. Carpe Diem Sail Training, its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents are not responsible for any accident or injury that might occur as a result of the application of the procedures and information in the course videos or course materials provided as part of the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and access to our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Carpe Diem Sail Training and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Carpe Diem Sail Training. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Carpe Diem Sail Training or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Carpe Diem Sail Training.
Carpe Diem Sail Training has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Carpe Diem Sail Training and its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In consideration of you being granted access to the Service, you agree to indemnify, defend and hold harmless Carpe Diem Sail Training, its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands arising from your use and/or reliance on the Service. Without limiting the generality of the foregoing, your indemnity extends to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Carpe Diem Sail Training, its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to, use of or reliance upon the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Carpe Diem Sail Training and its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents make no guarantees, representations or warranties of any kind as regards the website https://www.carpediemsailing.com and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS, WHERE IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of British Columbia, Canada.
Carpe Diem Sail Training and its owners, instructors, representatives, employees, contractors, licensors, licensees, suppliers and agents do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Carpe Diem Sail Training chooses not to immediately act, or chooses not to act at all, Carpe Diem Sail Training will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Carpe Diem Sail Training does not waive any of its rights.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website https://www.carpediemsailing.com and the Service.
If you have any questions about these Terms, please contact us by visiting this page on our website: https://www.carpediemsailing.com/contact-us/.