Terms and conditions of Use

These Site Terms do not alter in any way the terms or circumstances of any other accord you may have with YCA or its affiliates for products, services, recommendations or otherwise. YCA reserves the right to modify any of the terms and conditions enclosed in these Site Terms, or any policy or rule of the Site, at any time and at its solitary discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the changes on The Site, and your continued use of The Site will represent your acceptance of such changes. YCA strongly suggests that you review the Site Terms and policies and other documents from time to time to understand the terms and circumstances that apply to your utilization of the Site. If you do not agree to these or any amended terms, you must stop using the Site.

Privacy Policy - Please refer to YCA’s Privacy Policy for all information on how YCA collects, uses and discloses personally identifiable information from its Guests and Members.

Pricing Terms and Conditions - YCA is not a booking or travel agency. Please refer to YCA’s Pricing Terms and Conditions for policies regarding pricing information. The Pricing Terms and Conditions are incorporated into these Site Terms by this reference,

Copyright and Possession - Except as indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the YCA logo and all text, designs, graphics, photos, data, software, audio files, all other files, content (described below) and the selection and arrangement of such things (collectively known as the "Site Content") are the proprietary possessions of YCA and/or its licensors and/or users and are protected by U.S. and international copyright laws. The Site and all Site Content is (C) 2007 YCA, LLC All Rights Reserved.

Trademarks - YCA, it’s Logo and all other service or product names displayed on the Site have been registered or are common-law trademarks of YCA, LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the advance written permission of YCA or the trademark owner. Also, the look and feel (style) of the Site, including page headers, footers custom graphics, buttons and scripts, is the service mark, trademark of YCA and may not be copied, imitated or used, in whole or in part, without the advance written consent of YCA. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not represent or entail endorsement, backing or blessing by YCA.

Limited License - YCA provides you a limited license to use the Site and view, copy and print portions of the Site Content to promote YCA. This license is subject to these Terms

Any unauthorized use may violate applicable laws, including copyright and trademark laws and related communications policies and statutes. Unless explicitly stated, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, inference or otherwise. This license is revocable.

By use of the site you are representing that your use of the Site will be consistent with this license and will not breach the rights of any other party or any contract or legal responsibility to any other parties, or violate any associated law. You agree to assure YCA against any and all liability to any person arising out of your use of Site Content not in accordance with these Site Terms.

To request permission for uses of Site Content not included in the foregoing license, you may contact YCA as follows:

Business Development Officer
Yacht Charter Advisor LLC
2835A Lexington Ln.
Grand Junction, CO. 81503, USA
Email

Hyperlinks - You are invited to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray YCA or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked. You may not use an YCA logo or other proprietary graphic of YCA to link to the Site without the express written permission of YCA. Further, you may not use, frame or utilize framing techniques to enclose any YCA trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without YCA’s express written consent.

The Site contains links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested. Your use of links to Third-Party Sites is at your own risk. YCA does not monitor or have any control over, and makes no claim regarding, Third-Party Content or Third-Party Sites. YCA provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply YCA’s endorsement. YCA accepts no responsibility for reviewing changes to Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies are no longer applicable. You should review and make whatever investigation you feel necessary before proceeding with any transaction with any third party.

Use of Web Logs (Blogs), Bulletin Boards, Crew Finder, Voyage Planner and Other Dynamic Areas - The Site contains forums, bulletin boards, and other services in which you or third parties may post surveys and/or reviews of experiences. You are responsible for your use of such Dynamic areas and use them at your own risk. By using these areas you agree not to post, upload to, transmit, distribute, store or create through the Site any of the following:

1. Any data that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable

2. Content that would provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ

3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party

4. Content that impersonates any other person or entity or otherwise misrepresents your association with a person or entity

5. Unsolicited promotions, political campaigning, advertising or solicitations

6. Private information of a third party including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers

7. Viruses, tainted data or other harmful, trouble making or destructive files

8. Content that is unrelated to the topic of the Dynamic Area in which such Content is posted

9. Content that, at the discretion of YCA, is objectionable or which inhibits any other person from using or enjoying the Dynamic Areas of the Site, or which may expose YCA or its affiliates or its users to any harm or liability of any kind.

YCA takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is YCA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YCA is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Dynamic Area. Although YCA has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Dynamic Area, YCA reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your cost and expense.

Any use of the Dynamic Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Dynamic Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect YCA’s systems and customers, or to ensure the integrity and operation of YCA’s business and systems, YCA may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history, and posted Content. YCA’s right to disclose any such information shall preside over over any terms of YCA’s Privacy Policy.

Rights to User Content - By posting or distributing Content to or through the Site, unless we indicate otherwise, you grant YCA and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised grant YCA and its affiliates and sub licensees the right to use the name that you submit in connection with such Content, if they choose.

You represent and warrant that:

Survey Content submitted by users will be considered non-confidential and YCA is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, YCA reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. YCA is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to YCA. YCA shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights in the Content, you hereby declare that:

1. You do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto

2. You have no objection to the publication, use, modification, deletion and exploitation of the Content by YCA or its licensees, successors and assigns

3. You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content

4. You forever release YCA, and its licensees, successors and assigns, from any claims that you could otherwise assert against YCA by virtue of any such moral rights.

Advertisements and Promotions - YCA may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than YCA, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. YCA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Copyright or Trademark Complaints - If you believe that material posted on the Site infringes upon any copyright or Trademark that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright or trademark that you hold or control, you may file a notification of such encroachment with our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement:

Content Officer
Yacht Charter Advisor LLC
320 Ridge Dr., Divide, CO. 80814, USA
Email

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by mail to a user's address in our records.

Digital Millennium Copyright Act - in appropriate circumstances YCA has adopted a rule of terminating Members or Subscribers who are repeat infringers. YCA may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Registration Data and Account Security - You agree to:

1. Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site

2. Maintain the security of your password

3. Maintain and promptly update the Registration Data, and any other information you provide to YCA, and to keep it accurate, current and complete

4. Accept all risks of unauthorized access to the Registration Data and any other information you provide to YCA.

WARRANTY DISCLAIMER - EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY YCA, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YCA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. YCA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

YCA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE YCA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, YCA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

LIMITATION OF LIABILITY - YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST YCA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT YCA HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER YCA NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM YCA OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YCA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YCA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO YCA FOR ACCESS TO OR USE OF THE SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Law and Venue - The Site (excluding Third-Party Sites) is controlled by YCA, LLC and operated by YCA, LLC from its offices in and around Divide, CO. While YCA has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and YCA both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and YCA explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Commonwealth of Colorado, without regard to its conflicts of law principles. You agree that all claims you may have against YCA, LLC arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Cripple Creek, Colorado. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Cripple Creek, Colorado, you will be responsible for compliance with all local laws of such other jurisdiction.

Termination/Modification of License and Site Offerings - Notwithstanding any provision of these Site Terms, YCA reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:

Severability - If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions and Comments - If you have any questions regarding these Site Terms or your use of the Site, please submit them to us by using our online form.