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Terms of Services

Last Updated: September 2024

1. Acceptance of Terms

Welcome to [TAKECHARTER] ("we," "our," or "us"). By accessing or using our website at [TAKECHARTER.COM] (the "Site") and our charter quote services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

TAKECHARTER has the right at any time to change or discontinue any aspect or feature of any Service, including, without limitation, the content and availability of the Service or the equipment required to access or use the Service.

2. Description of Service

TAKECHARTER provides a platform for users to obtain price quotes for chartering boats, limos, aircraft, buses, and luxury cars. We facilitate these price quotes by connecting users with third-party partners, including operators and brokers, who may contact users directly either via email or text/SMS to provide pricing information. You as a user of this site understand that carrier fees may apply to receive text/SMS messages.

TAKECHARTER has the right at any time to change or discontinue any aspect or feature of any Service, including, without limitation, the content and availability of the Service or the equipment required to access or use the Service.

3. User Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our services. By using our Site, you represent and warrant that you meet these requirements.

4. User Account

4.1. You may be required to create an account to use certain features of our Site. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5. Quote Requests and Third-Party Interactions

5.1. By submitting a quote request, you authorize us to share your information with third-party partners, including operators and brokers, who may contact you directly via email or phone to provide price quotes and additional information about their services.

5.2. We do not guarantee that you will receive quotes from all or any of our partners, nor do we guarantee the accuracy, completeness, or timeliness of any quotes provided.

5.3. Any transactions or agreements made between you and third-party partners are solely between you and the third party. We are not responsible for any aspect of such transactions, negotiations, payments, fees, or agreements.

6. User Conduct

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms.
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt the operation of the Site or servers or networks connected to the Site.
  • Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
  • Use any robot, spider, or other automatic device to access the Site.

7. Submissions by You

You may provide Submissions through the Site so long as the Submission is not illegal or in violation of any applicable laws or regulations (including, without limitation, any charter advertising laws), obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You are solely responsible for all your Submissions to the Site. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission.

8. Intellectual Property

8.1. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary rights.

8.2. You agree not to copy, reproduce, modify, create derivative works from, or distribute any content from the Site without our express written permission.

9. Disclaimer of Warranties

9.1. The Site and all content and services provided through it are provided on an "as is" and "as available" basis without any warranties of any kind.

9.2. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

9.3. You expressly agree that use of the Services is at your sole risk. TAKECHARTER shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, quotes, opinions, advice, services and other content provided on the Site. None of the TAKECHARTER Parties and/or third-party partners warrant that the Services, sales quotes will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy or reliability of any information obtained through the Services.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall TAKECHARTER or its affiliates, partners, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Site or any content on the Site, or any unauthorized access, use, or alteration of your transmissions or content.

11. Indemnification

You agree to defend, indemnify and hold harmless TAKECHARTER, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, actions, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your access to or use of the Site or your violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State], without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in [Your State] for the resolution of any disputes.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice of such changes on the Site. Your continued use of the Site following any changes constitutes your acceptance of the new Terms.

14. Termination

We may terminate or suspend your access to our Site at our sole discretion, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

15. Miscellaneous

15.1. These Terms constitute the entire agreement between you and TAKECHARTER regarding your use of the Site and supersede any prior agreements between you and TAKECHARTER.

15.2. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16. Contact Information

If you have any questions about these Terms, please contact us at [insert contact email].

17. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by TAKECHARTER. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that TAKECHARTER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such websites or services.

18. Force Majeure

TAKECHARTER shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond TAKECHARTER’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.

19. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure of TAKECHARTER to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms at our sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

TakeCharter

Contact

786-505-6821

info@takecharter.com

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