Terms of Use - Portland Sea Taxi

Sea Taxi is a water taxi service based in Portland, Maine that is operated by Sea Tow Portland/Midcoast. Sea Tow Portland/Midcoast is a franchise of Sea Tow Services International, Inc. which provides services to you subject to the notices, terms, and conditions set forth in this agreement (“Agreement”). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of learning about Sea Tow, its services and purchasing products sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance and in writing. We reserve the right to refuse service, terminate accounts, and/or cancel purchases and/or orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or account identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post or submit comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Sea Tow Services International, Inc., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Sea Tow Services International, Inc. or its affiliates. All software used on this Site (the “Software”) is the property of Sea Tow Services International, Inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. SEA TOW, SEA SPILL, SEA STYLES, the COLOR YELLOW on the hulls of Sea Tow Vessels, TRAILER CARE, YOUR ROAD SERVICE AT SEA, PRO, SEA CARE, SEA SECURITY, SEA SMART, SEA INSURE, SEA LOANS, WHERE BOATER’S BELONG, LIFELINES, ENVIRO CARE, PEACE OF MIND ON THE WATER, I ACT, ASK THE CAPTAIN, NATIONWIDE COVERAGE, HOMETOWN SERVICE, ADVANTAGE NETWORK, SEA STORE, SEA NEWS and their associated designs and logos and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Sea Tow Services International, Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at seatow.com/privacy

RISK OF LOSS; OTHER TERMS OF SALE

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SeaTow.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Sea Tow that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail 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;
An affidavit by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Sea Tow’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Sea Tow Services International, Inc., Attn: Corporate Counsel, PO Box 1178, Southold NY 11971

REMEDIES

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

RETURNS, REFUNDS AND TITLE

Sea Tow does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Sea Tow does not take title to the refunded item. For more information about our returns and refunds, please see our.

ELECTRONIC COMMUNICATIONS

When you visit SeaTow.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

U.S. PARTICIPATING CARRIERS INCLUDE

ACS/Alaska, Alltel, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Cellular South, Centennial, Chariton Valley Cellular, Cincinnati Bell, Cox Communications, Cricket, EKN/Appalachian Wireless, Element Mobile, GCI, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, Metro PCS, Nex-Tech Wireless, nTelos, Plateau Wireless, South Canaan, Sprint, T-Mobile^®, Thumb Cellular, United Wireless, US Cellular, Verizon Wireless, Viaero Wireless, Virgin, WCC. Carriers may be added or deleted.

T-Mobile^® is not liable for delayed or undelivered messages.

APPLICABLE LAW

This site is created and controlled by us in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

DISPUTES

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted seeking the appropriate relief in an state or federal court in the State of New York, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Sea Tow Service International, Inc., Attn: Marketing, PO Box 1178, Southold, NY 11971

HAVE QUESTIONS REGARDING SEA TOW? A CUSTOMER SERVICE REPRESENTATIVE IS HAPPY TO HELP!

Call Sea Tow 24 hours a day – 365 days a year:
1-800-4SEATOW or 1-800-473-2869
Fax: 631-765-5802
Email: info@seatow.com

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the STSI Media and in any content of the STSI Media (including graphics, software, photographs and other images, videos, sound, words, phrases, logos and other trademarks; text, content, layout, and other copyright-protected works; business and nautical methods, vendors, memberships and other proprietary, trade secrets) are owned by us. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us and you acknowledge that you do not acquire any ownership rights by downloading or using any STSI Media. In the event you print off, copy or store any STSI Media (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

CONTENT AND ITS INTENDED USE

We may change the format and content of the STSI Media from time to time. You agree that your use of the STSI Media is on an “as is” and “as available” basis and at your sole risk.

While we try to make sure that all information contained in the STSI Media (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.

The STSI Media is not intended to constitute or form the basis of any advice (professional or otherwise) or to be used in, or in relation to, any decision or transaction.

We do not accept any liability (regardless of how it might arise) for any claim or loss arising from any information, advice or material given, the content of STSI Media, or the consequences of your use or reliance thereupon.

We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the STSI Media and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the STSI Media or relying on any of its content.

We cannot and do not guarantee that any content of the STSI Media will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

YOUR PERSONAL INFORMATION

Use of your personal information submitted to us (whether via our website or otherwise) is governed by our privacy policy, incorporated by reference, and found at: seatow.com.

EXTERNAL LINKS

Our website may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators.

GENERAL

You agree that these terms, and access to and use of STSI Media shall be governed by the laws of the State of New York, and we can only be sued in the State of New York. You further agree to personal jurisdiction in the State of New York. Nothing, however, shall prevent or limit us from bringing proceedings to protect our intellectual property and other rights before any competent court.

Do not manipulate while driving or in an unsafe position. Location will generally take 2-5 minutes to acquire and update. Accuracy will vary based solely on the capabilities and outdoor location of your wireless phone, Phone GPS and wireless carrier. The STSI App and Vessel Locator Notification is not for emergency use; always use a VHF radio and GPS while on the water. In case of emergency call the U.S. Coast Guard on your VHF Radio (Channel 16) or 911 on your phone. STSI will only receive cell phone number and data entered in the Your Information screen when you hit the “Call Sea Tow or Call Us” option. Disabling WiFi and Wireless Location assistance settings on some Android phones may improve accuracy. Location data may be from mixed sources, may not be accurate and mapping functions will not work when outside cellular carrier range. Use is always at your own risk. Sea Tow will neither sell nor distribute your Settings information or location to outside parties. Information received by Sea Tow during a call will only be used for record keeping purposes and dispatch. You are subject to third party’s policies when they receive your information via our site. Certain services may require phone service, data access or text messaging capability, and will be subject to your carrier’s rates and costs.

CONTACTING US

Please submit any questions you have about these terms and conditions or any problems concerning the STSI Media by email to appsupport@seatow.com, by telephone at 800-4-SEATOW (800-473-2869), or write to us at:

Sea Tow Services International, Inc.
P.O. Box 1178
Southold, New York 11971-0958
Attn: Mobile Terms of Use