Terms & Conditions
Introduction
These Terms and Conditions of Use (the "Terms of Use") apply to The Huntington Harbour Marinaweb site located at "www.huntingtonharbourmarina.com"), and all associated sites linked to www.huntingtonharbourmarina.com by The Huntington Harbour Marina, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Zeal Palace, LP dba Huntington Harbour Marina ("HHM"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Please review the following basic rules that govern your use of the Site. Please note that your use of the Site, including any mobile site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. HHM reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. HHM does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to HHM, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without HHM’s express prior written consent.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of HHM or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply HHM's endorsement, sponsorship or recommendation of the third party, its information, products or services. HHM is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. HHM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from HHM on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer).
Content Information
Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that HHM and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by HHM, one of its affiliates or by third parties who have licensed their materials to HHM and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of HHM and is also protected by U.S. and international copyright laws. HHM and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of HHM's or any third party's intellectual property rights.
Names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HHM. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to HHM on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant HHM a royalty-free, irrevocable, transferable right and license to use the Comments however HHM desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. HHM will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. HHM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
You grant HHM the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify HHM and its affiliates for all claims resulting from any Comments you submit. HHM and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Indemnification
You agree to defend, indemnify and hold harmless HHM and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.
Termination/Amendment
These Terms of Use are effective unless and until terminated by either you or HHM. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. HHM also may terminate or amend these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in HHM's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or HHM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Comments," "Site Security," "Content Information," "Copyrights and Trademarks," "User Reviews, Feedback and Submissions," "Indemnification," "Termination/Amendment," "Disclaimer" "Limitation of Liability," "Privacy" and "General."
Disclaimer
THIS SITE IS PROVIDED BY HHM ON AN "AS IS" AND "AS AVAILABLE" BASIS. HHM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HHM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HHM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE HHM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HHM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HHM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HHM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HHM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Privacy
You acknowledge that any personal information that you provide through this Site will be used by HHM in accordance with its Privacy Policy, which is available upon request.
General
These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of HHM to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit HHM's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of Orange County, California and you consent to the exclusive personal jurisdiction of such courts.
Changes to the Terms of Use
The Terms of Use was last updated on June 25th, 2017. Please check our Terms of Use periodically for changes.