PLEASE READ THIS TERM OF USE AGREEMENT ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE (THIS "SITE"). BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE STATED BELOW, DO NOT ACCESS THIS SITE. CHARITY YACHTS, INC., RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME, AT ITS OWN DISCRETION AND WITHOUT NOTICE TO YOU; HOWEVER, ALL SUCH CHANGES WILL BE POSTED TO THIS SITE. CHARITY YACHTS ENCOURAGES YOU TO REVIEW THE TERMS OF USE FROM TIME TO TIME SO THAT YOU ARE AWARE OF ANY SUCH CHANGES. THE TERMS OF USE THAT ARE APPLICABLE TO YOU AT ANY GIVEN TIME ARE THE THEN-CURRENT TERMS OF USE. IN ADDITION, BY USING OR VIEWING THIS SITE, YOU ACCEPT ANY CHANGES TO THE TERMS OF USE.

Copyright Notice

Copyright © 2005 CHARITY YACHTS, LLC.  All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Charity Yachts, its affiliates and its licensors. Charity Yachts owns the copyrights in the content, selection, coordination and arrangement of the materials on this Site. These materials may not be copied, reverse engineered, decompiled, or disassembled for commercial use or distribution, nor may these materials be modified or reposted to other Web sites. Any unauthorized use of these materials will violate Charity Yachts intellectual property rights.

Trademark Notice

Charity Yachts trademarks, logos, and subsidiary names appearing in this Site, except as otherwise noted, are trademarks owned or used under license by Charity Yachts or its affiliates. The use or misuse of these trademarks or any other content on this Site, except as provided in these Terms of Use is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppels or otherwise, any license or right to use any Charity Yachts trademark without Charity Yachts prior written permission.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other non-personal use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. Any password or right given to you to obtain information or documents is not transferable.

You may not create a Web site that frames this Site or any trademark or proprietary information located on this Site without Charity Yacht’s written permission. You may not use meta tags or any other type of hidden text utilizing Charity Yachts or any of its affiliates' names or trademarks on a Web site without Charity Yachts written permission.

Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials, software contained therein are reserved by Charity Yachts and, except as expressly granted herein, nothing contained in these Terms of Use or the Site shall be construed as conferring any right, title, interest or license with respect to the Site to you, by implication, estoppels or otherwise.

Charity Yachts reserves the right to withdraw this limited license at any time.

Editing, Deleting and Modification

Charity Yachts reserves the right to modify, add or delete any documents, information, graphics or other content appearing on the Site at any time without notice.

Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to your violation of these Terms of Use or your use of the Site.

No Representation or Warranty

While Charity Yachts makes all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed and Charity Yachts does not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this Site. THIS SITE AND ALL INFORMATION, CONTENT AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM CHARITY YACHTS THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED HEREIN.

CHARITY YACHTS DISCLAIMS ALL WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AVAILABILITY OF THIS SITE CANNOT BE GUARANTEED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DATA LOSS THAT MAY RESULT FROM SUCH USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.

Disclaimer of Damages

IN NO EVENT SHALL QUO VADIMUYS BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF BUSINESS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAYING OF CONTENT OR THE INABILITY TO DO ANY OF THE FOREGOING, EVEN IF CHARITY YACHTS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

System Integrity

You will not knowingly use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You will not knowingly take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure.

Compliance with the Law

In the performance and solicitation of transactions facilitated by the Site, you must comply with all applicable laws and regulations.

Privacy Policy

Our Privacy Policy, as it may change from time to time is a part of these Terms of Use. Payments

You represent and warrant that if you are purchasing something through this Site that (1) any credit card information you supply is true, correct and complete, and (2) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Submissions

While we welcome your comments and feedback regarding our Site, our products and our services, we do not want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. Accordingly, please note that (except for personally identifiable information provided by the visitor) all comments, feedback, postcards, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Charity Yachts on or by this Site or otherwise (collectively, "Comments") shall be and remain Charity Yachts property. Any such disclosure, submission or offer of any Comments shall constitute an assignment to Charity Yachts of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Charity Yachts will own exclusively all such rights, titles and interests in, and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Charity Yachts shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to Site visitors any compensation for any Comments; or (3) to respond to any Site visitor comments.

Securities Laws: Projections and Forecasts

The content of the Site may contain projections and other forward-looking statements regarding operations, prospects, strategies, financial condition, future financial performance, demand for products or services, plans and objectives, and intentions of Charity Yachts Corporation. Such statements are only predictions and actual events or results may differ materially. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

 

Information and Press Releases

The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Links to Other Web Sites

The Site contains links to other Web sites that are completely independent of this Site. Charity Yachts makes no representation or warranty as to the accuracy, completeness or authenticity of the information or content contained in any such link, and any link to another person or entity shall not in any manner be construed as an approval or endorsement by Charity Yachts of such person's or entity's Web site, information, content, products or services. Charity Yachts does not investigate, monitor or check such Web sites for accuracy or completeness and is not responsible for content, information, links, changes, updates or opinions found on such Web sites. These links are provided only as a convenience to you. If you decide to leave our Site and access other Web sites, you do so at your own risk.

Termination

Your right to access this Site may be terminated immediately by Charity Yachts upon your noncompliance with these Terms of Use.

 

Governing Law: Limitations

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Florida, United States of America, without regard to the conflict of laws provisions of any state. Any legal action with respect to any transaction must be commenced within one (1) year after the cause of action has arisen or forever be waived and barred. You expressly submit to the exclusive jurisdiction of any Federal or state courts sitting in Florida in any action or proceeding arising out of or relating to these Terms of Use or this Site, and you hereby consent to extra-territorial service of process. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms of Use constitute the only terms between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and/or services provided by or through the Site, and the subject matter of these Terms of Use. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The provisions of the Uniform Commercial Code as adopted by the State of Florida shall apply to this Site and these Terms of Use, and the United Nations Convention on Contracts for the International Sale of Goods is hereby disclaimed.

Contact Information

If you have any questions or comments concerning your use of this Site, please contact legal@charityyachts.org