Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sailing Anarchy with respect to your use of the Website, and agree to indemnify and hold Sailing Anarchy, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
THIS WEBSITE, OUR SOCIAL MEDIA SITES AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THIS WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, SAILING ANARCHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SAILING ANARCHY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAILING ANARCHY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE. THE WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAILING ANARCHY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, DOWNLOADING MATERIALS OR CONTENT FROM THE WEBSITE OR SOCIAL MEDIA SITES. IN NO EVENT SHALL SAILING ANARCHY BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SAILING ANARCHY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST SAILING ANARCHY INCLUDING FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE. YOU AGREE TO HOLD SAILING ANARCHY ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE SAILING ANARCHY OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE SAILING ANARCHY WEBSITE OR SOCIAL MEDIA SITES.
You agree to indemnify, defend, and hold harmless Sailing Anarchy, its officers, directors, employees, agents, licensors, suppliers, and Licensors (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any breach of this Agreement, any Sailing Anarchy policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account or any action by you with respect to your use of the Website or social media sites that violates any law, regulation or any of our policies.
11. Term; Termination.
This Agreement shall commence upon your accessing the Website. This Agreement may be terminated by Sailing Anarchy without notice at any time for any reason and may be terminated by you upon notice to Sailing Anarchy at any time for any reason. The provisions on Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of this Websites, or the services or products provided through this Websites, any such dispute shall be decided by binding arbitration under the rules of the American Arbitration Association in Los Angeles, California. The decision of the arbitrator(s) shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. Sailing Anarchy's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Sailing Anarchy may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Sailing Anarchy contrary to those set forth above. Sailing Anarchy may deliver notice to each user by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to such User's address on record in Sailing Anarchy's records.
The entire contents of this website, including but not limited to: all text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Sailing Anarchy or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Sailing Anarchy.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties’ rights, please contact us immediately at firstname.lastname@example.org to notify us of this infringement.
Your submissions of files including, but not limited to: e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Sailing Anarchy a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Sailing Anarchy