Last updated: March 16th, 2020
These Terms and Conditions (“Terms”) govern your ( “User”) relationship with seadriveapp.com website (the "Website"), and the Sea Drive Mobile App (“App”) that are provided and operated by SeaDrive, LLC ("Sea Drive", “we”, “us” or “our”). The User declares and accepts that he/she is bound by the Terms set forth in this Agreement (“Agreement”). Absent any such acceptance, the Agreement may not be deemed finalised and, consequently, the User shall not be authorised to use the Website and/or App. Please read the Terms carefully. IF YOU DO NOT AGREE, DO NOT VISIT THIS WEBSITE, DOWNLOAD THE APP, OR SET UP AN ACCOUNT.
NB: Sea Drive’s Electronic Charts (“Charts”) are based on and sourced from official data and other 3rd party sources. All Charts provide navigation assistance and are designed to provide ease of use of official nautical charts. Sea Drive DOES NOT REPLACE OFFICIAL NAUTICAL CHARTS. Sea Drive provides a number of navigational convenience features but the Captain of the vessel is ALWAYS RESPONSIBLE.
The Users Duties
Your responsibility as the User of standard and premium features of the Website and App in accordance to this Agreement is essential to the proper function of services and features for other users. Any attempt to alter, modify or interfere with features of the Website and/or App will result in immediate termination of your account. You are responsible for your vessel, safety of your passengers, and responsible for your course while underway. Access to and Use of the Website and the App You may access and use the Website and the App only if you (or your parent or guardian) are able to enter into these Terms and form a legally binding agreement between you and us. The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms and all applicable laws. To access and use the Website and the App, you have the option to create a Sea Drive account and (a) provide us the required account creation information, (b) if required, provide us your credit card or other payment information. You agree that you will not use the Website and the App for any illegal purposes. You agree to be responsible for all information, content, including images, comments, links and other materials (“Information”) provided by you and for all activity that occurs with respect to your account.
Cancellation and Termination
You will be solely responsible for cancelling your account. You may request the deletion of your account and/or any and all associated data from Website and App by submitting a written request via email to the address firstname.lastname@example.org . An email or phone request to cancel your account is not a proper cancellation until you have received direct confirmation from an agent of Sea Drive. We have the right to at any time suspend or terminate your account and refuse any and all current or future use of the Website and the App for any reason or no reason.
Modifications to the Website and App
We reserve the right to at any time and from time to time modify, upgrade or discontinue, temporarily or permanently, the Website and the App that we offer, with or without notice. We may upgrade the Website and our App and you agree that these Terms will apply to such upgrades. You agree that we will not be liable to you or to any third party with respect to any such modification, upgrade or discontinuance of the Website and the App.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Sea Drive SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Sea Drive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE APP; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE APP; (c) UNAUTHORIZED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEBSITE OR THE APP; (e) OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
YOUR USE OF THE WEBSITE OR THE APP IS AT YOUR SOLE RISK. THE WEBSITE OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT (a) THE WEBSITE OR THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS, (b) THE WEBSITE OR THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE APP WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF THE WEBSITE OR THE APP, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE APP WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE WEBSITE OR THE APP WILL BE CORRECTED.
You acknowledge and agree that Sea Drive may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and the Services. We reserve the right to modify these Terms of Service from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Terms of Service on our Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service. If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Website and the Services. All new or modified features related to the Website and the Services, including the release of new features, tools and resources, will be subject to these Terms of Service. You understand that the technical processing and transmission of the Website and the Services, including your Information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that you will not upload, post, host, or transmit unsolicited email, SMS or “spam” messages. You agree that you will not transmit any worms or viruses or any code of a destructive nature. These Terms of Service shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in New Jersey. The Website and the Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. The failure of Sea Drive to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the other policies, terms and conditions referred to in these Terms of Service constitute the entire agreement between you and Sea Drive and govern your use of the Website and the Services, superseding any prior agreements between you and Sea Drive. You may not assign these Terms of Service to any party. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
To cancel, simply log into your account and follow the instructions for cancellation; alternatively, you may send us an email at email@example.com
Any questions regarding these Terms should be addressed to firstname.lastname@example.org