Elucharters.com and Marinadelreyrentals asks kindly for your time to acknowledge and agree that you have read, understood, and are agreeing to be bound by, all of the terms and conditions of use, without modification, of our Web site as provided in this Agreement and that you agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use our Web site. You represent that you are at least 18 years old, or at least the minimum legal age in the jurisdiction in which you are viewing or using our Web site. Access to this web site from countries or territories where the Content or use of the website are illegal is strictly prohibited.
THIS AGREEMENT IS SUBJECT TO THE PRIVACY POLICY FOR OUR WEB SITE, WHICH IS A PART HEREOF AND IS INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES.
EXCEPT AS OTHERWISE EXPRESSLY GUARANTEED HEREIN, OUR WEB SITE, THE CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED BY OR THROUGH OUR WEB SITE, INCLUDING ANY SOFTWARE PROVIDED THROUGH OUR WEB SITE, ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. YOU USE OUR WEB SITE AT YOUR OWN RISK. WE DO NOT ENDORSE THE VIEWS, OPINIONS, RECOMMENDATIONS, DESTINATIONS OR RENTALS SERVICE SUPPLIERS EXPRESSED OR IDENTIFIED IN THE CONTENT OF OUR WEB SITE.TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES are registered Service Marks of THE ELU LLC and its subsidiary Partners and are protected by applicable federal and state laws and regulations. Other trademarks and service marks used on our Web site are the property of their respective owners.
Unless otherwise expressly provided, all content, site design, information and materials, text, graphics, photographs, video and audio presentations, interfaces, and the selection and arrangement contained on or downloaded from this site Elucharters is explicit in is policy and the information provided is subject to copyright ., all rights reserved.
Software that is available to use and/or download from our Web site (“Software”) is the copyrighted work of elucharters.com, its affiliates, and/or their suppliers. The Software is protected by copyright laws and may be protected by other intellectual property laws, including patent laws, and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may use our Web site and its Content for your personal, non-commercial use only. Permission to use our Web site terminates automatically if you breach any of the terms and conditions of this Agreement.
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of our Web site.
THIRD PARTY WEB SITES
Our website may contain hypertext links (“links”) to websites operated by persons or entities other than us (“third party websites”). WE ARE NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OR OPERATION OF ANY SUCH THIRD PARTY WEB SITES. A link from our web site to a third party website does not imply or mean that we endorse the content on that third party web site or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any third party web sites to which you might link from our web site.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEB SITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEB SITE.
AUTHORIZATION TO USE, AND WARRANTY OF, INFORMATION
By requesting rentals services from us, you are authorizing us to obtain your personal private information and/or to provide your personally identifiable information to those third parties that we deem necessary to provide you with the service that you have requested and to provide the type of information that we deem is required as an integral part of booking your rentals. We take great care to use only reputable companies to book your rentals. HOWEVER, WE ARE NOT LIABLE FOR THE MANNER IN WHICH SUCH THIRD PARTIES HANDLE YOUR PERSONAL PRIVATE AND/OR PERSONALLY IDENTIFIABLE IDENTIFICATION INFORMATION OR FOR ANY FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY OF YOUR INFORMATION.
By requesting services from us, you are certifying that all information that you provide to us will be accurate, complete and current and that you are not and have not knowingly provided us with any false information.
You will pay all charges incurred by users of your credit card, debit card, check or other payment method, as well as for use of your account by others, including, without limitation, minors living with you, used in connection with a purchase or transaction with us, at the prices in effect when such charges are incurred. You shall supervise all usage of our Web site by minors under your name or account. You will pay any applicable taxes, charges, fees, duties and assessments, if any, relating to any such purchases, transactions or other monetary transaction interactions arising out of your use of our Web site.
LEGAL USE LIMITATION; USE OF WEB SITE FOR COMMUNICATIONS
Our Web site may contain online bulletin boards, or other electronic communication facilities (“Bulletin Boards”). You shall not use our Web site or the Bulletin Boards for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement.
YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING FROM YOUR USE OF OUR WEB SITE.
You agree that all bulletin boards are public, not private, communications. You agree that we and our affiliates do not, and shall not be considered to, endorse, review, screen, or approve any Bulletin Board communications. Notwithstanding the preceding limitations, we reserve the right, and you expressly agree that we have the right, for any reason whatsoever, to remove without limitation, information, content, or any other material, from postings and/or communications in and/or through the Web site or a Bulletin Board.
Except for personal, private information provided to us under our Privacy Policy, any and all material, information or ideas that you upload, publish, distribute, post, or disseminate on or through our Website by any means will be treated as non-confidential and non-proprietary, and may be used or disseminated by The Elu LLC or its affiliates for any purpose whatsoever, including providing such material, information, or ideas as Content.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEB SITE AND WITH RESPECT TO THE CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED BY OR THROUGH OUR WEBSITE, INCLUDING ANY SOFTWARE PROVIDED THROUGH OUR WEB SITE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY TYPE OR NATURE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE AND WRONGFUL DEATH, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION, WITH THE USE, INABILITY TO USE, PERFORMANCE OF, RELIANCE ON, OR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON, OUR WEBSITE, OR THE INFORMATION, CONTENT, LINKS, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR PROVIDED THROUGH OUR WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LEGITIMATE RENTALS PURPOSES
The rentals reservations facilities of our Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. Overuse or abuse of the rentals services reservation facilities of our Web site may result in you being denied access to such facilities. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
LIMITATION OF LIABILITY REGARDING RENTALS SUPPLIERS
Our website provides access to rentals-related services provided by third parties (“Rentals Service Suppliers”). We do not control the rentals service suppliers or their actions. We are not responsible for, and you do not hold us responsible or otherwise liable for, breach of contract or any intentional or negligent action on the part of rentals service suppliers.
Prices featured in our Web site are not final until payment has been received by the rentals service supplier selected for rentals. Final payment must be confirmed and validated by us. In addition, pricing and availability may change without notice. WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS THAT MAY OCCUR AS A RESULT OF THE TRANSFER OF INCORRECT INFORMATION FROM THIRD PARTY RENTALS SERVICE SUPPLIERS.
We do not guarantee, and you do not hold us responsible or otherwise liable for, any such rentals service suppliers’ rates, bookings, reservations, connections, scheduling, services, security, facilities or protection of personal belongings. Furthermore, we assume no responsibility for, and you do not hold us responsible or otherwise liable for, overbooking, cancellation or delays for hotels, airlines or cruises.
Separate terms and conditions may apply to your reservation and purchase of rentals-related goods and services that you select as required by the rentals service suppliers with which you elect to deal. You agree to, and shall, abide by the terms or conditions of purchase imposed by any rentals service suppliers with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services.
By embarking on rentals arranged through, or utilizing information contained on, our Web site, you voluntarily assume the risks associated with such rentals. In using our Web site, you assume full responsibility for, agree that we are not responsible for, and hereby release us from any and all rentals requirements, rentals precautions, safety and security measures, sanitation conditions, telecommunications, facilities, services, and any and all other risks and hazards that you may encounter in or on your way to or from one of your chosen destinations.
WE RECOMMEND THE PURCHASE OF RENTALS INSURANCE FROM A LICENSED INSURER.
MISCELLANEOUS LEGAL PROVISIONS
We may change any term in this agreement at any time without notice. The changes will appear in this agreement; your use of our website after any such changes have been posted will constitute your agreement to the Agreement as modified.
We may discontinue our Web site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of our Website at any time for any reason, without notice. We may discontinue or restrict your use of our Web site at any time for any reason, without notice, at our sole discretion.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, USA, in all disputes arising out of or relating to the use of our Website. Use of our Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Web site.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final Agreement regarding our Web site and its Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PURCHASING
When you purchase products from this site, you are agreeing to the applicable rules and regulations (including refund and change penalties) and you must read them before continuing.
All Rentals are non-refundable and cannot be returned or exchanged. All Gear or Clothing are non-refundable and cannot be replaced if lost or stolen.