1 Acceptance of Terms
1.2 Captain’s Quarters may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at www.captainsquarters.com/landing/captains-quarters-motor-inn-inc.-privacy-policy. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
2 Description of Service
The “Service” includes (a) Captain’s Quarters wireless Internet services, (b) Captain’s Quarters website and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service
3.1 3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Captain’s Quarters, and you acknowledge that you have no proprietary or ownership rights to a specific IP address or other address, log-in name, or password that you use in connection with the Service. You shall not (a) share your Internet Protocol address (“IP address”) with anyone or sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Captain’s Quarters provides you or publishes in connection with the Service from time to time, and including without limitation the AUP, and you shall promptly notify Captain’s Quarters if you learn of a security breach related to the Service.
3.2 You hereby agree to comply with Captain’s Quarters acceptable use policy (“AUP”), as described in this section. You will not use the Service to (or assist another person to):
• Harm or threaten harm to persons or property;
• Harass other persons;
• Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
• Engage in any fraud or misrepresentation;
• Provide instructional information about illegal activities;
• Interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same);
• Infringe or violate another person’s rights, including privacy and intellectual property rights;
• Allow another person who has not paid for the Service to access or use the Service on his or her computer or device through your computer or device;
• Display offensive content on your computer or device, in view of another person;
• Knowingly distribute any virus or other malware;
• Access any network or computer (including those providing the Service) in excess of the permission expressly granted to you;
• Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties’ to the communications;
• Attempt to decrypt any encrypted or scrambled communications;
• Introduce software or automated agents into the Service; or
• Attempt to impersonate any other person.
3.3 Captain’s Quarters may prioritize, restrict, block, or otherwise set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the Service for certain applications and/or websites. This may impact the functioning of high bandwidth applications and/or websites, and/or prevent you from accessing such applications and/or websites. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed. In addition, Captain’s Quarters and the owner or operator of the property at which you are accessing the Service may implement URL filtering or other content filtering services which block access to certain websites or content while at the property (“Content Filtering”). You acknowledge and agree that Captain’s Quarters and the property at which you are accessing the Service will have no liability for such Content Filtering and will not be liable to you for any acts, omissions, performance or non-performance related to the Content Filtering.
3.4 Any software (including mobile applications) that may be made available by Captain’s Quarters in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Captain’s Quarters hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Captain’s Quarters for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Captain’s Quarters or any third party is granted to you in connection with the Service.
3.5 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ting)”) in connection with or relating to the Service (“Your Content”). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Captain’s Quarters reserves the right to access your account in order to respond to your requests for technical support. Captain’s Quarters has the right, but not the obligation, to monitor the Service, Content, or Your Content and disclose information regarding use of the Services for any reason if Captain’s Quarters, in its sole discretion, believes that it is reasonable to do so, including without limitation to: (a) satisfy laws, regulations, or governmental or legal requests; (b) operate the Services properly; or (c) protect itself and its users.. You further agree that Captain’s Quarters may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.6 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Captain’s Quarters third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Captain’s Quarters will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.7 The failure of Captain’s Quarters to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Captain’s Quarters, even though it is electronic and is not physically signed by you and Captain’s Quarters, and it governs your use of the Service and takes the place of any prior agreements between you and Captain’s Quarters.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Captain’s Quarters information regarding your credit card or other payment instrument. You represent and warrant to Captain’s Quarters that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Captain’s Quarters the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Captain’s Quarters to bill your payment instrument in accordance with the terms of the applicable payment plan, and you further agree to pay any charges so incurred. If you dispute any charges you must let Captain’s Quarters know within sixty (60) days after the date that Captain’s Quarters invoices you. We reserve the right to Captain’s Quarters prices. If Captain’s Quarters does, Captain’s Quarters will provide notice of the change on the Site or in email to you, at Captain’s Quarters option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. To the extent that you elect to make payments through the property from which you are accessing the Service, you may be subject to additional terms and conditions as determined by the property.
5 Representations and Warranties
You represent and warrant to Captain’s Quarters that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Captain’s Quarters to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Captain’s Quarters exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are twenty-one (21) years of age or older.
Your access to the Service may automatically terminate if your computer is powered off, or your computer is moved out of the coverage area. Your use of the Service begins with your first login and continues continuously until the expiration of the session you have purchased or been granted access to. Captain’s Quarters reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Captain’s Quarters believes that you have violated this TOS. Captain’s Quarters shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. Captain’s Quarters will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Captain’s Quarters. All of Your Content on the Service (if any) may be permanently deleted by Captain’s Quarters upon any expiration of your use of the Service in its sole discretion. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of your account session and this TOS.
7 DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE SITE, SOFTWARE AND CONTENT, AND ANY SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND CAPTAIN’S QUARTERS, ITS SUPPLIERS AND PARTNERS (INCLUDING CAPTAIN’S QUARTERS, ITS AFFILIATIES, SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “PARTNERS”) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT CAPTAIN’S QUARTERS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CAPTAIN’S QUARTERS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. WITHOUT LIMITING THE FOREGOING, CAPTAIN’S QUARTERS MAKES NO GUARANTEE THAT THE SERVICE WILL BE AVAILABLE TO YOU AT ALL TIMES OR THAT THE ACCESS WILL BE AT ANY PARTICULAR BANDWIDTH RATE OR THAT YOU WILL BE ABLE TO ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE SERVICE. YOU AGREE THAT CAPTAIN’S QUARTERS HAS NO RESPONSIBILITY OR LIABILITY IF YOU CANNOT ACCESS THE SERVICE, OR IF AVAILABLE BANDWIDTH IS LOWER THAN EXPECTED, OR IF YOU CANNOT ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE SERVICE.
7.1 YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY, AND CAPTAIN’S QUARTERS MAKES NO WARRANTIES RELATING TO SUCH RISKS.
8 LIMITATION OF LIABILITY
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL CAPTAIN’S QUARTERS OR ITS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU FOR THE SERVICE OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, CAPTAIN’S QUARTERS LIABILITY WILL BE LIMITED (AND ITS DISCLAIMERS ENFORCED) TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall defend, indemnify, and hold harmless Captain’s Quarters from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. Captain’s Quarters shall provide notice to you of any such claim, suit or demand. Captain’s Quarters reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Captain’s Quarters defense of such matter.
You may not assign this TOS without the prior written consent of Captain’s Quarters, but Captain’s Quarters may assign or transfer this TOS, in whole or in part, without restriction.
11 Governing Law
This TOS shall be governed by the laws of the State of South Carolina without regard to the principles of conflicts of law. Unless otherwise elected by Captain’s Quarters in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of South Carolina for the purpose of resolving any dispute relating to your access to or use of the Service.
1 Acceptance of Terms