Effective Date: 2016-2020
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
MIAMI SHARK TOURS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT MIAMI SHARK TOURS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
- About the Site
Miami Shark Tours is a charter boat service that provides shark viewing and shark diving trips through its Website. The Website allows visitors to search for and book trips for shark viewing and/or shark diving.
Your reliance upon any information provided by Miami Shark Tours, others appearing on this Website at invitation by Miami Shark Tours, or other visitors or users of this Website is solely at your own risk. You understand that Miami Shark Tours is not obligated to provide any maintenance, technical or other support for the Website.
- Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review . You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Miami Shark Tours and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. Website is operated in the United States and Miami Shark Tours makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
- Ownership of Website and License
You acknowledge and agree that Miami Shark Tours is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Miami Shark Tours.
Miami Shark Tours hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Miami Shark Tours, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Miami Shark Tours.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all Miami Shark Tours marks are the property of Miami Shark Tours, including, but not limited to MIAMI SHARK TOURS and all Miami Shark Tours logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Miami Shark Tours. You are prohibited from using Miami Shark Tours’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Miami Shark Tours.
- Service Availability; Booking and Payments; Cancellations and Refunds
All trips and services offered by Miami Shark Tours are as indicated on the Website or any Miami Shark Tours affiliated website. Each of Miami Shark Toursâ€™ affiliated websites provides information regarding the trips and services offered by Miami Shark Tours. Miami Shark Tours provides all of its trips and services from the location(s) of its charter boat, such as Palm Beach. Miami Shark Tours reserves the right to change the locations of its trips and services, depending on the location(s) of its charter boat.
All prices quoted on the Website are as stated on the date that the page was published. Miami Shark Tours reserves the right to modify and adjust the prices from time to time. Prices listed on the Website or any Miami Shark Tours affiliated website may not be guaranteed. Prices are subject to change until confirmation of the trip(s) being booked. All prices are listed in U.S. Dollars (USD) and do not include tips/gratuities.
To book a trip through a Miami Shark Tours website, you may call 305-395-9140 or send an e-mail to firstname.lastname@example.org. A deposit of $250 is required to secure your booking. Miami Shark Tours accepts all major credit cards, cash, and check payments.
You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services offered on the Website to that applicable governmental entity.
Miami Shark Tours does not charge a fee to change the dates of an existing booking reservation, as long as the request is received no less than two (2) days prior to your confirmed trip . All date change requests are subject to availability and Miami Shark Tours does not guarantee the success of any trip date change.
In the event that a trip is cancelled due to inclement weather, Miami Shark Tours may offer an alternative date for the trip or offer a full refund on your deposit. Miami Shark Tours reserves the right to negotiate the date of the trip and the amount of money refunded to you. If you arrive late for a trip or do not arrive at all for the trip, Miami Shark Tours reserves the right to not refund your deposit and charge a cancellation fee. No refunds are available once a trip has commenced. Shark sightings are not guaranteed on any of the trips offered by Miami Shark Tours.
Your use of the Website shall constitute acceptance of any changes made to this Agreement.
By contacting Miami Shark Tours, you agree that Miami Shark Tours, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
- Section 230 of Communications Decency Act
You acknowledge and agree that Miami Shark Tours is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Miami Shark Tours may edit, remove, or control the content displayed through the Website, you agree that Miami Shark Tours will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
- Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that Miami Shark Tours does not own or control. You agree that Miami Shark Tours’ will not be held responsible or liable for the content of third party websites, applications, or services and that Miami Shark Tours’ inclusion of those websites, applications, or services within its Website does not constitute Miami Shark Tours’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
- No Endorsement
Miami Shark Tours does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Miami Shark Tours and are not intended to be used for advertising or product endorsement purposes.
- User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Miami Shark Toursâ€™ technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Miami Shark Tours by sending an email to email@example.com.
- Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Miami Shark Tours may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
- Disclaimer of Warranties
MIAMI SHARK TOURS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. MIAMI SHARK TOURS PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
MIAMI SHARK TOURS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. MIAMI SHARK TOURS DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. MIAMI SHARK TOURS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
MIAMI SHARK TOURS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
- Limitation of Liability
MIAMI SHARK TOURS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT MIAMI SHARK TOURS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO MIAMI SHARK TOURS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
MIAMI SHARK TOURS WILL NOT BE LIABLE TO YOU FOR ANY KNOWN OR UNANTICIPATED RISKS WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO YOUR PERSON OR PROPERTY ARISING OUT OF ANY OF THE SERVICES OFFERED ON THE WEBSITE.
EVEN THOUGH MIAMI SHARK TOURS ENSURES HIGH QUALITY OF ALLTHE PRODUCTS AND SERVICES THEY OFFER, MIAMI SHARK TOURS WILL NOT BE LIABLE FOR ANY UNKNOWN MALFUNCTIONS WITH MIAMI SHARK TOURS’ BOAT OR EQUIPMENT.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MIAMI SHARK TOURS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Miami Shark Tours, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Miami Shark Tours under the terms of this Agreement will not provide you with the right to control Miami Shark Toursâ€™ defense, and Miami Shark Tours reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Miami Shark Tours.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Miami Shark Tours may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
- Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Florida without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Miami Shark Tours or the Website, in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Florida. You agree that any claim or dispute that you may have against Miami Shark Tours or the Website will be exclusively resolved through arbitration.
YOU AND MIAMI SHARK TOURS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM MIAMI SHARK TOURS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN FLORIDA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTYâ€™S REASONABLE ATTORNEYSâ€™ FEES. YOU AND MIAMI SHARK TOURS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF FLORIDA. YOU AND MIAMI SHARK TOURS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Miami Shark Tours.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Limitation On Actions
MIAMI SHARK TOURS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Miami Shark Tours.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Miami Shark Tours
152 Village Blvd, Apt C
A copy of any such notice must be emailed to firstname.lastname@example.org, but email notice alone shall not comply with the notice requirements of this Agreement.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.