Limitation of Liability
Limitation of liability
In no event shall the company, its officers, directors, employees, or agents, in any way be liable to you, for anything of the site for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever., any bugs, viruses, trojan horses, or likewise, which may be transmitted to or through the platform by any third party, if unauthorized third parties (hackers) intervene with the content and operation of the platform making it difficult to use or cause problems in the correct operation of the platform and its relevant applications, any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or the disclosure of information pursuant to these terms or privacy policy.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Expressly acknowledge and agree that the entire risk as to satisfactory quality, performance, accuracy and effort remains with you the owner to the maximum extent permitted by applicable law, the platform is provided “as is” and “as available”, with all faults and without warranty of any kind, and the company hereby disclaims all warranties and conditions with respect , either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
Moreover, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access, the boat owners or bookings of chartering yachts via the platform, and any contact you have with other users of the platform whether in person or online remains with you.
Neither the company nor any other party involved in creating, producing, or delivering the platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site from any communications, interactions or meetings with others of the platform or other persons with whom you communicate or interact as a result of your use of the platform or from your listing or booking of any chartering of yacht via the platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The company’s aggregate liability arising out of or in connection with these terms and your use of the platform including, but not limited to, from your listings or bookings of any yacht chartering via the platform, or from the use of or inability to use it and in connection with any yacht chartering or interactions with any other members will not extend beyond the company’s obligations to owners pursuant to these terms. You specifically acknowledge that the company shall not be liable for user’s submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
No oral or written information or advice given by the company shall create a warranty. The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked website or other advertising, and the company will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.
In any case, the company reserves the exclusive right to permanently or temporarily interrupt the operation of all or part of the site with or without notice to users and to change the nature or the content for maintenance, upgrades or any other reasons.
