The term “Website” as used herein, shall mean FireIslandYachtClub.com which is owned and operated by Think Defy Unite LLC. Any reference herein to “we”, “us”, “our” and “ours” shall be a reference to the Website.
We, at any time, reserve the right to change the terms of this AGREEMENT or to modify any features of the Website. Your continued use of the Website, or registration with the Website after any such changes is your acceptance and agreement to such changes.
All of the information on the Website is copyrighted works and is protected by the Laws of the United States of America and other countries. This content includes but is not limited to all information, data, the text of articles, general website text, photographs, images, graphics, video and audio content. In addition, each of the articles, content and other elements comprising this website are copyrighted works individually. You are hereby bound and must abide by any and all additional copyright notices and or restrictions contained in this AGREEMENT. When you post content on the Website, you give, grant, and convey to the Website the right to display such content and to distribute such content to its affiliated publications. Any and all postings may also be used by the Website and/or its affiliated publications for promotional and marketing purposes.
"Fire Island Yacht Club" is a trademark and service mark of the Website. All rights are reserved.
Other trademarks, service marks, product names or logos appearing on this Website that are not owned by the Website may not be used without express permission from their respective owners.
THE WEBSITE IS AVAILABLE “AS IS”. THE WEBSITE MAY BE DISCONTINUED AT ANY TIME. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE.
Except for instances when you have posted content on the Website or have been given express permission by us to do so, you may not exploit any part of the Website. Included but not limited to copying, reproducing, distributing, publishing, performing, modifying, creating derivative works, or transmitting any part of the Website. You may not distribute any part of the Website over any network, including a local area network. You may not sell or offer any part of the Website for sale. Website files may not be used to construct any kind of database.
The Website, Think Defy Unite LLC and its owners and operators, their affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to the Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies on the Website (including without limitation as a result of breach of any warranty or other term of this AGREEMENT). Any claim against us shall be limited to the amount you paid, if any, for the use of the Website.
You hereby indemnify, reimburse, and hold harmless the Website, Think Defy Unite LLC and its owners and operators, their affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this AGREEMENT, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification and reimbursement under this Section. In such event, you shall cooperate with us, included but not limited to providing information, signing agreements, and the like.
YOU ARE RESPONSIBLE FOR ALL STATEMENTS MADE OR MATERIALS POSTED UNDER YOUR ACCOUNT ON THE WEBSITE. YOU HEREBY INDEMNIFY AND HOLD THE WEBSITE, THINK DEFY UNITE LLC AND ITS OWNERS AND OPERATORS FREE OF LIABILITY FOR HARM CAUSED BY SUCH STATEMENTS OR MATERIALS. YOU MAY NOT TRANSFER, SELL, OR OTHERWISE ASSIGN YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT. YOU ARE RESPONSIBLE FOR ALL CHARGES, IF ANY, INCURRED WHILE YOUR ACCOUNT IS BEING USED, INCLUDING, BUT NOT LIMITED TO, ANY CHARGES FOR ANY GOODS OR SERVICES.
We intend to take reasonable steps to prevent the introduction of malicious software such as viruses, worms, or other destructive materials to this Website. HOWEVER, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM IT DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. We are not liable for any damages or harm attributable to such features.
Part of the AGREEMENT explains to the user how the information provided to the Website is used. This only applies to information collected by the Website. It does not govern or apply to information collected or used by the Website or its affiliates through separate efforts.
When prompted to enter personally identifiable information while you are using the Website, you are providing that information to the Website and its owners and operators only. We will not willfully disclose said personal information to any third party without first informing you and obtaining your consent to release such information.
You must provide your name, phone number, e-mail address, home address, and other information personal to you when registering for a membership with the Website. Such information may be used by us for editorial purposes including, but not limited to, contacting you as part of an on-line survey, informing you of your account status, providing you with notice of changes to the AGREEMENT, or exciting offers and opportunities available exclusively to Website registrants.
THE WEBSITE HAS SECURITY AND MANAGERIAL PROCEDURES IN PLACE TO PROTECT THE INFORMATION WE COLLECT ON-LINE. HOWEVER, ALTHOUGH THESE MEASURES ARE QUITE EFFECTIVE, THERE IS NO GUARANTEE THAT THE INFORMATION YOU SUPPLY TO WEBSITE WILL NOT BE INTERCEPTED WHILE BEING TRANSMITTED TO US OVER THE INTERNET, OR OTHERWISE PROCURED WITHOUT OUR CONSENT. YOU ACCEPT THIS RISK AND WILL NOT HOLD THE WEBSITE OR ITS OWNERS AND OPERATORS, THEIR SUCCESSORS AND/OR ASSIGNS, LIABLE IN ANY MANNER.
GENERAL PROVISIONS
You accept and agree to abide by all of the terms and conditions of this AGREEMENT.
This Agreement shall be governed by the laws of the United States and the State of New York.