Terms of Service Agreement
Terms of Service Agreement
READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES LIABILITY LIMITATIONS AND EXCLUSIONS AS WELL AS AN ARBITRATION TERM AND TERMS REGARDING WHERE SUIT MUST BE BROUGHT AND WHAT LAW APPLIES.
BY USING THIS SERVICE YOU ARE AGREEING TO THIS AGREEMENT’S TERMS AND CONDITIONS AND YOU ARE ALSO AGREEING TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH OTHER AGREEMENTS, DOCUMENTS, POLICIES AND RULES.
ASK QUESTIONS IF YOU DON’T UNDERSTAND!
THE BOTTOM LINE IS IF YOU DON’T AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU CAN’T USE OR ACCESS THE SERVICES WE PROVIDE!
Welcome to DRESSER MARINE DBA CONFIDENT CAPTAIN – PROFESSIONAL CAPTAIN’S ASSOCIATION (“PCA” or “we” or “us”), a trade group site and online service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the revised Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users and others who access the Service (collectively, “Users”).
READ CAREFULLY MAKING CERTAIN YOU UNDERSTAND EACH PROVISION.
YOU UNDERSTAND AND AGREE THAT PCA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU, OWNERS OR PCA APPROVED AFFILIATES, INCLUDING, BUT NOT LIMITED TO, MARINAS, MECHANICS, TECHNICIANS, YACHT MANAGEMENT SERVICES, CAPTAINS OR OTHER SERVICE PROVIDERS (COLLECTIVELY, “AFFILIATES”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. USE OF OUR SERVICE.
DRESSER MARINE DBA CONFIDENT CAPTAIN – PROFESSIONAL CAPTAIN’S ASSOCIATION reserves the right to suspend or terminate your User Account and your access to the Service if you create more than one (1) User Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify DRESSER MARINE DBA CONFIDENT CAPTAIN – PROFESSIONAL CAPTAIN’S ASSOCIATION of any unauthorized use of your User Account.
2. WHAT WE DON’T PROVIDE.
a. CapTracker. We take reasonable care in transcribing and storing your sea time records. You are ALWAYS REMAIN responsible for maintaining and preserving your own original records. We are not responsible for your failure to properly record and preserve your seatime. CaptTracker helps aggregate your time for efficiency, but you must maintain your own seatime records.
b. Pro development courses. These courses provide general information that should be relevant to the professional mariner. Every circumstance is different and these courses should not relied upon in your decision making. These courses require personal interpretation and should not be followed blindly.
c. U.S. Coast Guard Licensure. We do not fill out or approve a Merchant Mariner Credential application. We will review a completed application with you, but you ALWAYS remain responsible for the application’s content and submission. We do not give you notice of timelines or deadlines imposed by the Coast Guard. We do not provide assistance in obtaining licensure, but we will provide reasonable assistance in locating people who can help you with your license application.
d. We do NOT offer legal advice. We are not lawyers. We will provide reasonable assistance in locating maritime legal counsel to assist you.
e. Our job board only makes connections and is NOT a guarantee of employment. We do NOT screen the postings on the job board. The job board is a passive forum.
3. OUR PROPRIETARY RIGHTS.
a. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “PCA Content”), and all Intellectual Property Rights related thereto, are the exclusive property of PCA and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the PCA Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
b. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PCA under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PCA does not waive any rights to use similar or related ideas previously known to PCA, or developed by its employees, or obtained from sources other than you.
4. FEES; BILLING; PAYMENTS.
a. Fee Schedule and Billing Policies. You agree to PCA’s fees and charges, terms of sale, payment and billing policies by your use of the Service. PCA may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable.
b. Any bank fees related to returned or canceled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify PCA in writing within thirty (30) days of any such payment; failure to so notify PCA shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by PCA.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own
7. ADDITIONAL USER REPRESENTATIONS AND WARRANTIES.
In addition to the other representations and warranties in this Agreement, you affirm, represent, and warrant that:
(a) You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement; you are a United States resident; and you have not previously been removed from the Service unless you have a currently valid notice of reinstatement from PCA.
(b) Your User Content and PCA use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
8. THIRD-PARTY LINKS.
a. You agree to defend, indemnify and hold harmless PCA and its officers, shareholders, employees, contractors, subsidiaries, agents, licensors, insurers, underwriters, managers, and other affiliated companies and their officers, shareholders, employees, contractors, agents, officers and directors, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, liens, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including, but not limited to, any data or content transmitted or received by you; (ii) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PCA SERVICE INCLUDING; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties contained herein; (iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (v) your violation of any law, rule or regulation of the United States (including local, state and federal laws); (vi) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
10. NO WARRANTY.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR OWN RISK. THE SERVICE AND ANY CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR NON-INFRINGEMENT. THERE IS ALSO NO WARRANTY OF WORKMANLIKE PERFORMANCE AND THE SAME IS SPECIFICALLY DISCLAIMED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PCA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PCA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PCA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND PCA IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.
PCA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PCA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PCA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. LIMITATION OF LIABILITY.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PCA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, INSURERS, UNDERWRITERS, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY CHARTER. UNDER NO CIRCUMSTANCES WILL PCA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
(b) READ CAREFULLY! — TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE INCLUDING, BUT NOT LIMITED TO ANY INJURY, DEATH OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
(c) READ CAREFULLY! IN NO EVENT SHALL PCA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, INSURERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, LIENS, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100). THIS LIMITATIONS OF DAMAGES SET FORTH HERE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PCA AND YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
a. Termination. You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
b. Jurisdiction. You agree that: (i) the Service shall be deemed solely based in Rhode Island; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over PCA, either specific or general, in jurisdictions other than Rhode Island.
c. Governing Law. This Agreement shall be governed, construed and interpreted in
accordance with the internal substantive laws of the State of Rhode Island, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Washington County, Florida or the United States District Court for the District of Rhode Island, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
d. Dispute Resolution. READ CAREFULLY! All claims and disputes arising under or relating to this Agreement are to be resolved by binding arbitration in accord with Arbitration Resolution Services (“ARS”) with any hearings to be held at a mutually agreeable location in Washington County, Rhode Island. The parties expressly agree to abide by any and all rules of ARS as found in their web site at www.arbresolutions.com. Any arbitration award may be converted to judgment in a Court of competent jurisdiction.
e. Notice of Claim and Time for Suit. READ CAREFULLY!
i. Any right, remedy and/or claim of whatsoever nature asserted by you against PCA must be set forth in a writing and delivered by overnight court AND email to PCA within SIXTY DAYS of you first learning of the right, remedy and/or claim or within SIXTY DAYS of when you should have reasonably known of the existence of the right, remedy and/or claim. Notice of a right, remedy and/or claim is agreed to be a material term of this Agreement and failure to give notice shall be deemed to extinguish all rights, remedies and claims.
ii. Any suit, proceeding and/or arbitration brought to enforce an alleged right, remedy and/or claim must be commenced, if at all, within ONE YEAR of PCA’s receipt of the Notice described in subparagraph “a,” above. Failing commencement of any suit, claim, proceeding and/or arbitration within one year, you agree that any right, remedy and/or claim you may have possessed is forever extinguished. This one-year time for suit provision is agreed to be a material term of this Agreement.
f. Class Action Waiver. This Agreement requires that the exclusive resolution of disputes is through individual legal action instead of through any class action. Even if the applicable law provides otherwise, User agrees that any legal action shall be brought individually and not as a member or part of any class action and User waives any right to participate in such class action. In any arbitration, the arbitrator(s) have no authority to arbitrate claims on a class action basis.
g. Notification Procedures. PCA may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by PCA in our sole discretion. PCA reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in this Agreement. PCA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add our email address book to help ensure you receive email notifications from us.
h. Entire Agreement/Severability. This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by PCA shall constitute the entire agreement between you and PCA concerning the Service. If a court of competent jurisdiction or a properly convened arbitration panel deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
i. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PCA failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
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MAY 1, 2020
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