Please read the following Terms of Service Agreement carefully. By accessing or using the Spirited Navigators, LLC website and services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is your responsibility to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all the Terms and Conditions herein or are unable to be bound by them, please do not access or use the Spirited Navigators, LLC site or services.
This Terms of Service Agreement is Effective as of June 15, 2018.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that governs the relationship with our members, users and others which may interact or interface with Spirited Navigators, LLC, located at PO Box 626, Budd Lake, NJ 07828, and our subsidiaries and affiliates, in association with the use of the Spirited Navigators, LLC website, which includes www.spiritednavigators.com (the “Site”) and its Services, which will be defined below.
Note: Travel Services are not available to residents in CA, FL, HI, IA and WA.
Any and all visitors to our site, whether they are registered or not who accesses or merely browses the Site are deemed “Users” of the Services. Once a User registers for our Services, through the process of creating an account, the User will then be considered a “Member.”
A. Updates, Changes, Modifications
The User and/or Member acknowledges and agrees that the Services provided and made available through the SITE are the sole property of Spirited Navigators, LLC. At our sole discretion, Spirited Navigators, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement will apply to any and all additional content, products, and any and all updated, modified or revised Services unless otherwise stipulated.
Spirited Navigators, LLC reserves the right to cancel and cease offering any of the aforementioned content, Services and/or products. You, as the end User and/or Member, acknowledge, accept and agree that Spirited Navigators, LLC will not be held liable for any such updates, modifications, revisions, suspensions or discontinuances of any of our content, Services and/or products.
Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications constitutes your acceptance of such updates, changes and/or modifications. As such, the User and/or Member should frequently review this Agreement and any and all applicable terms and policies to ensure you are aware of all terms and policies currently in effect. If you do not agree to the updated, revised or modified terms, you must stop using the provided Services immediately.
If Spirited Navigators, LLC makes any material changes to the TOS, we will notify you by email or by posting a notice on the Site prior to the effective date of changes. Please revisit the TOS periodically as any modifications are binding. Continued use of the Site and Services constitutes your acknowledgement and acceptance of any such modifications.
To register and become a “Member” of the Site, you must create an account (an “Account”) on the Services or log in through a third-party account like Facebook or Google (a “Third-Party Account”) using your account information for those services.
A. Third-Party Account Registration
By logging in through a Third-Party Account, you authorize Spirited Navigators, LLC to access, make available, and store certain information, content or other materials you have provided to the Third-Party Account for use by the Services. Such access will be at no cost to Spirited Navigators, LLC. Spirited Navigators, LLC is under no obligation to verify Third-Party Account Content for accuracy, legality, or non-infringement and is not liable or responsible for any Third-Party Account content. YOUR RELATIONSHIP WITH EACH THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY ACCOUNT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO PROVIDE US WITH CONTENT AVAILABLE TO YOUR THIRD-PARTY ACCOUNT. SPIRITED NAVIGATORS, LLC DISCLAIMS ANY AND ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY A THIRD-PARTY ACCOUNT IN VIOLATION OF THE THIRD-PARTY ACCOUNT’S PRIVACY SETTINGS.
B. Adults Only
By registering, you represent and warrant that you are at least 18 years of age, are in good standing, and are not an individual that has been previously barred from receiving Spirited Navigators, LLC’s Services under the laws and statues of the United States or other applicable jurisdictions.
C. Data Collection
When you register, Spirited Navigators, LLC may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, personal interests, and credit card information. You can edit your account information at any time. Once you register with Spirited Navigators, LLC and sign in to our Services, you are no longer anonymous to us.
D. Member Duties
As a Member you acknowledge, understand and agree to:
- furnish factual, correct, current and complete information with about yourself as may be requested by the data registration process;
- not knowingly use a username of another person with the intent to impersonate that person;
- not provide any false information or created an account for anyone other than yourself without permission;
- use a username that is offensive, vulgar or obscene;
- maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times;
- maintain the secrecy and confidentiality of your password; and
- report unauthorized access or password use or any other breach of security.
If anyone, knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Spirited Navigators, LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this TOS, and may refuse any and all current and future use of the Spirited Navigators, LLC’s Site and Services, or any portion thereof.
Your Content is defined as anything you submit or transmit to, through, or in connection with the Site. This includes, but is not limited to itineraries, messages, reviews, ratings, photos, and information that you publicly display or is displayed in your account profile.
User Content is Content that Users submit or transmit to, through, or in connection with the Site.
Spirited Navigators, LLC Content is defined as anything that we create and make available in connection with the Site.
Third Party Content is defined as Content that originates from parties other than Spirited Navigators, LLC or its Users, which is made available in connection with the Site.
Site Content is defined as all of the Content made available in connection with the Site, including Your Content, User Content, Third Party Content, and Spirited Navigators, LLC Content.
B. Content Guidelines
As a User and/or Member of the Site, you acknowledge, understand and agree you are solely responsible for Your Content and assume all risks associated with Your Content, including anyone’s reliance on its quality and accuracy, or any disclosure by you of information that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that any of Your Content is endorsed or sponsored by Spirited Navigators, LLC.
By using the Services, you expressly acknowledge and accept that you may be exposed to Content including, but not limited to, any errors or omissions, and/or any loss or damage of any kind incurred as a result of the use of any Site Content posted, emailed, transmitted or otherwise made available by the Site.
You may be liable if Your Content:
- contains false, misleading, or defamatory material;
- violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right;
- contains unlawful material including hate speech or pornography;
- exploits or harm minor;
- violates or advocates for the violation of any law or regulation.
C. Our Right to Use Your Content
You are the sole owner of Your Content. However, through use of the Site and Services, you acknowledge and accept that Spirited Navigators, LLC may use Your Content in a number of ways, including but not limited to: publicly displaying it, reformatting it, creating derivative works from it, promoting it, distributing it, and/or incorporating it into advertisements and other works.
By uploading Your Content, you hereby irrevocably grant Spirited Navigators, LLC world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. In addition, you also irrevocably grant the Users and/or Members of the Site the right to access Your Content in connection with their use of the Site. In doing so, you irrevocably waive, and cause to be waived, against Spirited Navigators, LLC and its subsidiaries, Users and Members, any claims and assertions of moral rights or attribution with respect to Your Content. Use is defined as use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. You are not entitled to any compensation for any of Your Content unless expressly agreed upon by Spirited Navigators, LLC.
User Content does not necessarily reflect the opinion of Spirited Navigators, LLC. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. Spirited Navigators, LLC also has no obligation to retain or provide Users and/or Members with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
All rights in and to the Site and the Spirited Navigators, LLC Content are retained by Spirited Navigators, LLC. This included but is not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.
Spirited Navigators, LLC owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (IP Rights) associated with Spirited Navigators, LLC and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Spirited Navigators, LLC Content in whole or in part except as expressly authorized by us. This includes not displaying and/or using the Spirited Navigators, LLC logo or trademarks in any manner without obtaining our prior written consent.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Spirited Navigators, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on Site Content other than Your Content in part or in whole.
All Users and/or Members herein agree to insure and hold Spirited Navigators, LLC, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless and not liable for any claim or demand which may arise from any User Content a Member or User of our site may submit, post, modify, transmit or otherwise make available through the Services.
E. Use and Storage of Content
Users and/or Members acknowledge that Spirited Navigators, LLC may set up any such practices and/or limits regarding the use of our Services, including the limitation of the maximum number of days that any email, message posting or any Site Content will be retained by Spirited Navigators, LLC, or the maximum number of email messages that may be sent and/or received by any Member, the maximum volume or size of any email message that may be sent from or received by an account on our Service, the maximum disk space that will be allocated on Spirited Navigators, LLC’s servers on the Member’s behalf, and/or the maximum number of times and/or duration that any Member may access our Services in a given period of time. You also agree that Spirited Navigators, LLC has no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or Site Content maintained or transmitted by our Services.
Spirited Navigators, LLC is not obligated to backup any member Content, and member Content may be deleted at any time without prior notice. Members are solely responsible for creating and maintaining their own backup copies of their Content. Spirited Navigators, LLC will not be responsible or liable for the deletion or accuracy of any member Content; the failure to store, transmit, or receive transmission of member Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You acknowledge that Spirited Navigators, LLC has no obligation to pre-screen member Content, although we reserve the right in our sole discretion to pre-screen, refuse, or remove any member Content at any time for any reason.
F. Rights Reserved
Spirited Navigators, LLC reserves the right to pre-screen, refuse and/or delete any Content currently available through our Services. In addition, we reserve the right to remove and/or delete any such Content that would violate the TOS or which would otherwise be considered offensive to other visitors, Users and/or Members.
Spirited Navigators, LLC reserves the right to access, preserve, and/or disclose Member account information and/or Content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any Third-Party;
- responding to requests for customer service; or
- protecting the rights; property or the personal safety of Spirited Navigators, LLC, its visitors, Users, and Members, including the general public.
Furthermore, Spirited Navigators, LLC will reserve the right to modify, alter and/or update these general practices and limits at our discretion.
- upload, post, email, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever including soliciting any information from minors or transmitting pornography;
- threaten, stalk, harm, abuse or harass others, or promote bigotry or discrimination;
- exploiting anyone in a sexual or violent manner;
- impersonate any individual or entity, including, but not limited to Spirited Navigators, LLC officials, forum leaders, guides or hosts or falsely state or otherwise misrepresent any affiliation with an individual or entity;
- write fake or defamatory reviews or recommendations;
- accept compensation to make or not make reviews;
- expressly state or imply that any statements you make are endorsed by Spirited Navigators, LLC without prior written consent;
- infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
- engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any Third-Party website;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content, except as expressly authorized by Spirited Navigators, LLC;
- violate the TOS;
- use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature interfering with the normal flow of communication, or otherwise acting in any manner that would negatively affect our other Users’ ability to participate in any real-time interactions;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the presentation of the Services or Site Content;
- recruit or otherwise solicit any user to join Third-Party Services or websites that are competitive to us; and/or
- reverse engineer any portion of the Site;
- remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- reformat or frame any portion of the Site;
- attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; and/or
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
TERMINATION OF MEMBERSHIP
As a Member of www.spiritednavigators.com, you may cancel or terminate your account, associated email address and/or access to our Services by deleting your account on the Services or by submitting a cancellation or termination request to firstname.lastname@example.org.
As a Member, you agree that Spirited Navigators, LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access will include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulations and/or guidelines;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended period of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your www.spiritednavigators.com account Services.
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause will be made at our sole discretions and that we will not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
Additionally, Spirited Navigators, LLC reserves the right to delete or remove any account that is no longer active for an extended period of time.
The termination of your account with www.spiritednavigators.com includes any and/or all of the following:
- the removal of access to all or part of the Services offered within www.spiritednavigators.com;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof;
- any pending or accepted future purchases will be immediately terminated;
- possible forfeiture of any compensation or refunds that are cancelled as a result of a suspension, deactivation or termination of your account; and
- the barring of any further use of all or part of our Services.
Some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Service or on, about, or in conjunction with Your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You are not entitled to any compensation for any such placement.
Any correspondence or business dealings with advertisers located on or through the Site and Services will be solely between you and such advertiser. This includes but is not limited to any participation in any promotions which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings. You agree and accept that Spirited Navigators, LLC will not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on the Site.
Either Spirited Navigators, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such Third-Party Sites or resources.
Furthermore, you acknowledge and agree that Spirited Navigators, LLC will not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods, or services made available on or through any such site or resource.
The User and/or Member expressly understands, acknowledges and agrees that:
- THE USE OF SPIRITED NAVIGATORS, LLC’S SITE AND SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, PRODUCTS, DISCOUNT CODES AND OTHER MATERIALS AND SITE CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SPIRITED NAVIGATORS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, A) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
- Spirited Navigators, LLC is under no obligation to maintain or support the Services, or to provide the User and/or Member with any updates, upgrades, services or products.
- Spirited Navigators, LLC and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (i) Spirited Navigators, LLC’ Services will meet your requirements; (ii) Spirited Navigators, LLC’s Services will be uninterrupted, timely, secure, or error-free; (iii) that such results which may be obtained from the use of the Spirited Navigators, LLC’s Services will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services will meet your expectations; and (v) that any such issues or errors contained in our website will be corrected.
- Spirited Navigators. LLC is not responsible for any damages resulting from use or access to the Services and your dealing with any other User. We are also not responsible for any damages to your property including but not limited to your computer system or mobile device(s) used in connection with the Services, or the loss of any data that results from the use of the Services or the download or use of materials or Site Content.
- No advice and/or information, despite whether written or oral, obtained by you from Spirited Navigators, LLC or by way of or from our Services will create any warranty not expressly stated in the TOS. Some jurisdictions do not allow the exclusion of implied warranties, so the aforementioned exclusions may not apply to you.
- If applicable law requires any warranties with respect to the services, all such warranties are limited in duration to ninety (90) days from the date of first use.
- A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or background that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have any epileptic conditions, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THHE LIABILITY SPIRITED NAVIGATORS, LLC TO YOU. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.
You expressly acknowledge, understand and agree that Spirited Navigators, LLC and our subsidiaries, officers, employees, agents, partners and licensors will not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
- the use or inability to use our service;
- the cost of procuring substitute goods and services from any goods, products, data, information or Services purchased or obtained or messages received, or transactions entered into through or from the Services;
- unauthorized access to or the alteration of your transmission and/or data;
- statements or conduct of any such third party on our Service, or providing any services related to the operation of the Services;
- your failure to protect the confidentiality of any passwords or access rights to your account information;
- the acts or omissions of any third party using or integrating with the Services or offering products through the Services;
- any advertising content or your purchase or use of any advertised or other third-party product or Services;
- the termination of your account in accordance to the TOS;
- any action taken in connection with copyright or other intellectual property owners; and
- any other matter which may be related to our Service.
Your sole and exclusive right and remedy in case of dissatisfaction with the Site and Services or any other grievance will be your termination and discontinued access to the Site and Services. The maximum liability of Spirited Navigators, LLC to you for losses or damages suffered in connection with the Site and Services will be limited to the greater of (i) the amount paid, if any, by you to Spirited Navigators, LLC in connection with the Site in the 12 month prior to the action giving rise to liability, or (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
If a dispute arises between you and Spirited Navigators, LLC, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you will notify Spirited Navigators, LLC about any dispute you have with us regarding the Services by emailing: email@example.com.
A. Arbitration Agreement
[TO BE DETERMINED]
B. Choice of Law and Forum
It is the mutual agreement of both you and Spirited Navigators, LLC with regard to the TOS that the relationship between the parties will be governed by the laws of the state of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOS, or the relationship between you and Spirited Navigators, LLC, will be filed within the courts having jurisdiction within the county of Iselin, New Jersey or the U.S. District Court located in said state. You and Spirited Navigators, LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
In the event you have a dispute, you agree to release Spirited Navigators, LLC (and its officers, directors, employees, agents, partners and licensors, parent subsidiaries, affiliates, co-branders, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Services or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
Your relationship to Spirited Navigators, LCC, is that of an independent contractor and no agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Spirited Navigators, LLC fail to exercise or enforce any rights or provision of the TOS, such failure will not constitute a waiver of such right or provision.
If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there are no third-party beneficiaries to this agreement.
Spirited Navigators, LLC may provide you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered to you had you accessed our Services in an authorized manner.
Spirited Navigators, LLC will not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all its content therein permanently deleted.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Spirited Navigators, LLC will always respect the intellectual property rights of others, and we ask that all our users do the same.
Under the appropriate circumstances and at its sole discretion, Spirited Navigators, LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information:
- The electronic or physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interests;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agent or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Spirited Navigators, LLC Agent for notice claims of copyright or other intellectual property infringement can be contacted as follows:
Spirited Navigators, LLC
Attn: Copyright Agent
PO Box 626
Budd Lake, NJ 07828
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
REFUSAL OF SERVICE
Spirited Navigators has the right to refuse service to anyone at anytime subject to any applicable state and federal laws. Spirited Navigators will not discriminate against customers based on factors such as race, religion, sex, national origin or sexual orientation.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445 1254 or (800) 952 5210. You may contact us at legal notice firstname.lastname@example.org or at:
Spirited Navigators, LLC
PO Box 626
Budd Lake, NJ 07828
Note: Travel Services are not available to residents in CA, FL, HI, IA and WA.