Terms & Conditions
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Swan Boats, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Payment and Renewal. By selecting a product or service, you agree to pay Swan Boats the one-time fees indicated. Payments are not refundable.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which swanboats.com links, and that link to swanboats.com. Swan Boats does not have any control over those non-Swan Boats websites and webpages, and is not responsible for their contents or their use. By linking to a non-Swan Boats website or webpage, Swan Boats does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Swan Boats disclaims any responsibility for any harm resulting from your use of non-Swan Boats websites and webpages.
- Copyright Infringement and DMCA Policy. As Swan Boats asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by swanboats.com violates your copyright, you are encouraged to notify Swan Boats in accordance with Swan Boats’ Digital Millennium Copyright Act (“DMCA”) Policy. Swan Boats will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Swan Boats will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Swan Boats or others. In the case of such termination, Swan Boats will have no obligation to provide a refund of any amounts previously paid to Swan Boats.
- Intellectual Property. This Agreement does not transfer from Swan Boats to you any Swan Boats or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Swan Boats. Swan Boats, swanboats.com, the swanboats.com logo, and all other trademarks, service marks, graphics and logos used in connection with swanboats.com, or the Website are trademarks or registered trademarks of Swan Boats or Swan Boats’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Swan Boats or third-party trademarks.
- Changes. Swan Boats reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Swan Boats may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Swan Boats may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your swanboats.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Swan Boats if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Swan Boats’ notice to you thereof; provided that, Swan Boats can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Swan Boats and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Swan Boats nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Swan Boats, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Swan Boats under this agreement during the twelve (12) months period prior to the cause of action. Swan Boats shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Swan Boats, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Swan Boats and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Swan Boats, or by the posting by Swan Boats of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Swan Boats may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Swan Boats (“Swan Boats“) operates swanboats.com and may operate other websites. It is Swan Boats’ policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Swan Boats collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Swan Boats’ purpose in collecting non-personally identifying information is to better understand how Swan Boats’ visitors use its website. From time to time, Swan Boats may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Swan Boats also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on swanboats.com blogs/sites. Swan Boats only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally Identifying Information
Certain visitors to Swan Boats’ websites choose to interact with Swan Boats in ways that require Swan Boats to gather personally identifying information. The amount and type of information that Swan Boats gathers depends on the nature of the interaction. For example, those who engage in transactions with Swan Boats are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Swan Boats collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Swan Boats. Swan Boats does not disclose personally identifying information other than as described below. And visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Swan Boats may collect statistics about the behavior of visitors to its websites. Swan Boats may display this information publicly or provide it to others. However, Swan Boats does not disclose personally-identifying information other than as described below.
Protection of Certain Personally Identifying Information
Swan Boats discloses potentially personally identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Swan Boats’ behalf or to provide services available at Swan Boats’ websites, and (ii) that have agreed not to disclose it to others. Swan Boats will not rent or sell potentially personally identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Swan Boats discloses potentially personally identifying information only in response to a subpoena, court order or other governmental request, or when Swan Boats believes in good faith that disclosure is reasonably necessary to protect the property or rights of Swan Boats, third parties or the public at large. Swan Boats takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying information.