Last Updated: 2/15/2020

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF THE BOOKING PARTY AND ANY MEMBER OF THE PARTY  DO NOT AGREE TO ALL OF THE FOLLOWING, THE BOOKING PARTY AND ANY MEMBER OF THE PARTY  MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

By booking a service(s), the party agrees to the following terms automatically. The party making the booking agrees to inform all members of their party about the Terms of Service and agrees to be responsible and liable for their knowledge of its contains.

 

Javelin Luxury Yacht Charters Ltd Co. operating as Blacktide Charters, (hereafter referred to as "Blacktide Charters", "we", "us", or "our") provides fishing, sightseeing, and boat charters services in and around the Charleston South Carolina area. These services are accessible at http://www.BlacktideCharters.com and any other websites through which Blacktide Charters makes the services available (collectively, the “Site") with any other products or services made available by Blacktide Charters, all of the foregoing are, collectively, the “Services". By using the Services, The party and any member of the party agree to comply with and be legally bound by these Terms of Service ("Terms"), whether or not The booking party and any member of the party become a direct  user of the Services. Neither the Company, its affiliates, owners, officers, agents, or employees, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any act of god, act of nature, organization or person, where such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to by defects or failures of any vessel or other equipment or instrumentality under the control of independent suppliers, or appointed representative.

 These Terms govern the party and any member of the party access to and use of the Services provided, and The booking party and any member of the party participation in the services provided constitute a binding legal agreement between the party any member of your party and Blacktide Charters or their appointed representative. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.BlacktideCharters.com/privacy, and which is incorporated by reference into these Terms. If the booking party and any member of the party  do not agree to these Terms, they have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject The booking party and any member of the party  to civil and criminal penalties.

 

THE SERVICES COMPRISE OF PROVIDING FISHING, SIGHTSEEING AND BOAT CHARTER SERVICES THROUGH WWW.BLACKTIDECHARTERS.COM THROUGH WHICH INDIVIDUALS AND OR GROUP OF INDIVIDUALS MAY BOOK CHARTER SERVICES. THE BOOKING PARTY AND ANY MEMBER OF THE PARTY  UNDERSTAND AND AGREE THAT BLACKTIDE CHARTERS AND ANY OF THEIR APPOINTED REPRESENTATIVE(S) WILL NOT BE HELD LIABLE FOR ANY ACT, DEFAULT, INJURY (INCLUDING DEATH), LOSS, EXPENSE, DAMAGE, DEVIATION, DELAY, CURTAILMENT OR INCONVENIENCE CAUSED TO OR SUFFERED BY ANY PERSON OR THEIR PROPERTY, HOWSOEVER ARISING, WHICH MAY OCCUR OR BE INCURRED BY ANY ACT OF GOD, ACT OF NATURE, ORGANIZATION OR PERSON, WHERE SUCH ACT, DEFAULT, INJURY, LOSS, EXPENSE, DAMAGE, DEVIATION, DELAY, CURTAILMENT OR INCONVENIENCE MAY HAVE BEEN CAUSED OR CONTRIBUTED TO BY DEFECTS OR FAILURES OF ANY VESSEL OR OTHER EQUIPMENT OR INSTRUMENTALITY UNDER THE CONTROL OF INDEPENDENT SUPPLIERS, OR APPOINTED REPRESENTATIVE.

 

Key Terms

“Services" means fishing, sightseeing, and boat charters.

"The Party and Any Member of the Party“ means a Member who requests from a Booking of a Service Listed via the Site, Application or Services, or a Member and is not the Provider for the associated Listing.

Modification

Blacktide Charters reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide The booking party and any member of the party  with notice of the modification. We will also update the “ Last Updated Date" at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided The booking party and any member of the party  with notice of a modification, are indicating that The booking party and any member of the party  agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, or any member(s) of your party, the only recourse is to cease using the Services.

 

Disclaimers

THE BOOKING PARTY AND ANY MEMBER OF THE PARTY UNDERSTAND AND ACKNOWLEDGE THAT SERVICES PROVIDED ENVOLVES BEING ON A WATER VESSEL AND MAY INVOLVE RISK AND POTENTIAL EXPOSURE TO INJURY. THE BOOKING PARTY AND ANY MEMBER OF THE PARTY ALSO REALIZE AND ACKNOWLEDGE THAT RISK AND DANGERS MAY BE CAUSED BY THE NEGLIGENCE OR PARTICIPATION OF OTHER PASSENGERS. THE BOOKING PARTY AND ANY MEMBER OF THE PARTY ALSO RECOGNIZE AND ACKNOWLEDGE THAT RISK AND DANGERS MAY ARISE FROM FORESEEABLE AND UNFORESEEABLE CAUSES, INCLUDING WEATHER AND OTHER ACTS OF NATURE. YOU FULLY UNDERSTAND AND ACKNOWLEDGE THAT THE AFOREMENTIONED RISKS, DANGERS AND HAZARDS ARE A POTENTIAL IN CONNECTION WITH RECREATIONAL ACTIVITIES WHICH MAY TAKE PLACE DURING THE CHARTER OF THE BOAT, AND THAT YOU ARE WILLINGLY AND KNOWINGLY ELECTING TO PARTICIPATE  ON THE CHARTER IN SPITE OF SUCH POTENTIAL RISK OF DANGER.

SERVICES PROVIDE ARE CONSIDERED HIGH RISK ACTIVITIES. IF THE BOOKING PARTY AND ANY MEMBER OF THE PARTY CHOOSES TO USE THE SERVICES, THE BOOKING PARTY AND ANY MEMBER OF THE PARTY  DO SO AT THEIR SOLE RISK. THE BOOKING PARTY AND ANY MEMBER OF THE PARTY ACKNOWLEDGE AND AGREE THAT BLACKTIDE CHARTERS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER OR ANY MEMBER OF THEIR PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH AND WELLNESS, ABILLITY TO PARTICAPATE IN HIGH RISK ACTIVITIES. THE SERVICES, ARE PROVIDED “ AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BLACKTIDE CHARTERS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BLACKTIDE CHARTERS  MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BLACKTIDE CHARTERS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SERVICES.

THE PARTY AND ANY MEMBER OF THE PARTY AGREE THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST BLACKTIDE CHARTRERS FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH, UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS OF SUCH CLAIM, IS DELIVERED TO BLACKTIDE CHARTERS WITHIN 185 CALENDAR DAYS FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH; AND NO SUIT SHALL BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DAY OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

 TO THE FULL EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES OR TERMS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLACKTIDE CHARTERS OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Indemnification

You agree to release, defend, indemnify, and hold Blacktide Charters and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with The booking party and any member of the party  access to or use of the Services or The booking party and any member of the party  violation of these Terms or booking or use of Services

 

Dispute Resolution

The booking party and any member of the party and Blacktide Charters agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “ Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. the booking party and any member of the party  acknowledge and agree that the booking party and any member of the party and Blacktide charters are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both The booking party and any member of the party and Blacktide Charters otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules") then in effect, except as modified by this “Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

Arbitration Process.

 A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Arbitration Location and Procedure. Unless and Blacktide Charters otherwise agree, the arbitration will be conducted in the county where The booking party and any member of the party reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents The booking party and any member of the party  and Blacktide Charters submit to the arbitrator, unless The booking party and any member of the party  request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If The booking party and any member of the party  prevail in arbitration The booking party and any member of the party  will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Blacktide Charters will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

 

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Blacktide Charters will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

Changes. 

Notwithstanding the provisions of the “Modification" section above, if Blacktide Charters changes this “Dispute Resolution" section after the date The booking party and any member of the party  first accepted these Terms (or accepted any subsequent changes to these Terms), The booking party and any member of the party  may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date" above or in the date of Blacktide Charters's email to The booking party and any member of the party  notifying The booking party and any member of the party  of such change. By rejecting any change, The booking party and any member of the party  are agreeing that The booking party and any member of the party  will arbitrate any Dispute between The booking party and any member of the party  and Blacktide Charters in accordance with the provisions of this “Dispute Resolution" section as of the date The booking party and any member of the party  first accepted these Terms (or accepted any subsequent changes to these Terms).

 

General

The failure of Blacktide Charters to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Blacktide Charters. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

Contacting Blacktide Charters.

If you have any questions about these Terms of Service, please contact Blacktide Charters,  P.O Box 42263 North Charlleston SC 29423  (843) 256-2013