Terms of Service

Terms of Use
Welcome to our website, owned by Tropicalsailing, Inc. (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. Tropicalsailing, Inc. may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

Copyright and Trademark Notice
This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of Tropicalsailing, Inc. or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Tropicalsailing, Inc. or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Tropicalsailing, Inc. is prohibited and may violate the copyright or trademark laws of the United States and/or other countries. Notices and Claims of Copyright or Intellectual Property Infringement It is our policy to respond to clear notices of alleged copyright infringement. The information below describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act.

Any notices or information you need to send us in association with these Terms of Use, including notifications of claimed copyright or intellectual property infringement, must be submitting in writing to Tropicalsailing, Inc. via certified mail to the following address:

Tropicalsailing, Inc.
801 Seabreeze Blvd (A1A)
Fort Lauderdale, FL 33316

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
Your Comments and Submissions
We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, “Comments”). You grant Tropicalsailing, Inc. and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

Privacy
It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the “Privacy Policy”), which you may view by clicking on the Privacy Policy link in the footer of this website, is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Linked Sites
This Site may contain links to other websites (“Linked Sites”). Tropicalsailing, Inc. does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. This includes websites and marketing campaigns listed or linked to in our online portfolio and blog. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

Disclaimer
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. Tropicalsailing, Inc. expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. Tropicalsailing, Inc. does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information on the site is subject to change without notice.

Indemnification
You agree to defend, indemnify, and hold Tropicalsailing, Inc. harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

Limitation of Liability
In no event shall Tropicalsailing, Inc. be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if Tropicalsailing, Inc. has been advised of the possibility of such damages. Tropicalsailing, Inc’s total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).

Miscellaneous
Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these terms of use or this website shall be filed, and that venue properly lies, only in state or federal courts located in the City of Hallandale Beach, County of Broward, State of Florida, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any website is appropriate or available for use in any particular location. Those who choose to access a website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by Tropicalsailing, Inc.