Terms and Conditions
1. WIND CREW WORK BOATS
WIND CREW WORK BOATS (WCWB) OFFERS THE WIND CREW WORK BOATS WCWB WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WCWB WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW WCWB MAY MODIFY THIS AGREEMENT
WCWB reserves the right to change the terms, conditions, and notices under which it offers the WCWB Web Sites, including any charges associated with the use of the WCWB Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any WCWB Web Site. Your continued use of the WCWB Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any WCWB Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that WCWB Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a WCWB Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE WCWB WEB SITES
The WCWB Web Site are only for your personal use. You will not use the WCWB Web Site for commercial purposes. You will not use the WCWB Web Site in any way that is unlawful, or harms WIND CREW WORK BOATS or WCWB, its affiliates, resellers, distributors, service providers and/or suppliers. WCWB may tell you about certain specific harmful uses in a code of conduct or other notices available through a WCWB Web Site, but has no obligation to do so. You may not use the WCWB Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the WCWB Web Sites. Without limiting the generality of this section, you may not use the WCWB Web Sites in any manner that could damage, disable, overburden, or impair any WCWB Web Site (or the network(s) connected to any WCWB Web Site) or interfere with any other party’s use and enjoyment of the WCWB Web Sites.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY WCWB PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WCWB WEB SITES, EVEN IF SUCH WCWB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM:
(1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WIND CREW WORK BOATS WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY WCWB PARTY WITH RESPECT TO THIS AGREEMENT OR THE WCWB WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WIND CREW WORK BOATS WEB and/or WCWB SITES.
11. CHANGES TO THE WCWB SITES; ADDITIONAL LIABILITY LIMITATION
THE WIND CREW WORK BOATS PARTIES MAY CHANGE THE WIND CREW WORK BOATS WCWB WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the WIND CREW WORK BOATS WCWB Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by WIND CREW WORK BOATS WCWB and persons other than WIND CREW WORK BOATS WCWB (any such person is referred to as a “Third Party”). WITHOUT LIMITING THE GENERALITY, YOU ACKNOWLEDGE AND AGREE THAT THE WIND CREW WORK BOATS WCWB PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT WIND CREW WORK BOATS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WIND CREW WORK BOATS WCWB WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE WIND CREW WORK BOATS WCWB WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE WIND CREW WORK BOATS WCWB WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE WIND CREW WORK BOATS WCWB WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
WIND CREW WORK BOATS and/or WCWB may terminate this Agreement, or terminate or suspend your access to the WIND CREW WORK BOATS and/or WCWB Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the WIND CREW WORK BOATS WCWB Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE WIND CREW WORK BOATS WCWB WEB SITES MAY NOT BE RETRIEVED LATER.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect WIND CREW WORK BOATS and/or WCWB may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the WIND CREW WORK BOATS and/or WCWB Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and WIND CREW WORK BOATS and/or WCWB with respect to the WIND CREW WORK BOATS and/or WCWB Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WIND CREW WORK BOATS and/or WCWB with respect to the WIND CREW WORK BOATS and/or WCWB Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND WIND CREW WORK BOATS WCWB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WIND CREW WORK BOATS and/or WCWB WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the WIND CREW WORK BOATS (WCWB) website(s) are Copyright © 2004 – 2015
WINDCREW WORKBOATS LIMITED
Stella Gill Industrial Estate
Chester Le Street