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Privacy Statement & Terms of Use

Stonington Harbor Yacht Club

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PRIVACY POLICY

This Privacy Policy is designed to inform you (the "Visitor") how Stonington Harbor Yacht Club ("the Provider") collects, uses and safeguards information provided by the Visitor in connection with Visitor's use of this website (the "Site"). Visitors use of the Site constitutes Visitor's consent to the collection and use of information as described in this Privacy Policy. If Visitor does not accept the terms of this Privacy Policy, Visitor must immediately log off this website and may not use the Service.

Provider reserves the right to modify this Privacy Policy, in whole or in part, at any time without notice to the Visitor. Provider encourages the Visitor to review this Privacy Policy regularly in its use of the Site to ensure it is aware of current practices. Any use of the Site by the Visitor following the date on which the Provider implements changes to this Privacy Policy shall constitute Visitor's acceptance of all such changes.

What Information does the Provider Collect?
Visitors to this Site may have the option of purchasing products or becoming a subscriber to services offered by the Provider by completing and submitting an online order or registration form. To complete an order or registration form, Visitor or an authorized representative of the Visitor may be required to select a user name and password, and to provide certain personally identifiable information, including without limitation the Visitor's full legal name, address, telephone number, e-mail address, credit card number, and other relevant information (all such information, "User Information"). Visitor shall be responsible for ensuring User Information is kept accurate at all times.

How does the Provider Use Information Collected?
Provider does not share User Information with other companies, except for its affiliates and businesses that have been engaged by the Provider in connection with the performance of services, including without limitation, lessons, credit card payment processing, collections, returns management, manufacturing, storage, shipping, delivery, and fulfillment. Provider may use User Information to answer a customer service or billing question or other inquiry from Visitor. User Information may also be used for the Provider's own internal business purposes, including without limitation, to help diagnose problems with Provider's servers or for system administration.

Provider may disclose User Information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process, or as may otherwise be required by applicable law or regulation; (2) to protect and defend Provider's rights or property or those of its affiliates or others; or (3) as Provider, in its sole discretion, believe is appropriate under exigent circumstances in response to a perceived significant threat to the personal safety or property of any other person or organization.
In addition, since Provider's database is a business asset, in the event Provider is reorganized or is sold to or merged with another company, Visitor consents to the sale, assignment, or transfer of its User Information to a purchaser of all or substantially all of our business assets, or to an affiliate, as appropriate.

Except as described above, Provider will not disclose, sell, rent, or otherwise provide User Information to any other person or organization without Visitor's consent.

How does the Provider Protect the Security of the User Information?
Provider takes what it believes to be reasonable precautions and have implemented managerial and technical procedures to try to protect the security of User Information. Provider strives to maintain the reliability, accuracy, completeness, and currency of User Information provided by Visitors and to protect their privacy and security. Although Provider cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, Provider tries to prevent such unfortunate occurrences.

Does Provider use Cookies?
"Cookies" are small pieces of information that are stored by Visitors' web browser on their computers' hard drives. Provider may use cookies only to log "inbound links" to this Site (e.g., through an online advertisement, through a link in a search engine result, through a link on a web page, etc.). Provider does not use cookies to capture any personally identifying information about Visitors.

What's Provider's Relationship with other Websites that can be Accessed through the Site?
This Site may contain links to other Internet websites, products, and/or services ("Third Party Services") which provide Visitors with convenient access to publicly available information that Visitors may find of interest. This Privacy Policy has no application to any Third Party Services. A Visitor's use of a Third Party Service will be subject to the rules and policies of that Third Party Service, and the Visitor is encouraged to read over those rules and policies. Use of Third Party Services is at the Visitor's own risk. Provider makes no representations or warranties about the security of any link.

Transborder Hosting and Transfer of Information
User Information collected on the Site may be transferred from time to time to Provider offices or personnel, or to third parties, located throughout the world. By using the Site and submitting such information on it, you hereby consent to such transborder transfer and hosting of such information as Provider may deem reasonably necessary.

Children's On-line Privacy Protection
Momentum understands the importance of protecting children's privacy, especially in an on-line environment. In order to use the Site, as set out in the Terms of Use, users must be of the age of majority in order to use the Site.

How can Visitor contact Provider with Questions on this Privacy Policy?
If Visitor has any questions about this Privacy Policy, please e-mail Provider at privacy@shyc.us.

Copyright © 2006 Stonington Harbor Yacht Club.

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TERMS OF USE

These Terms of Use between Stonington Harbor Yacht Club (the "Provider") and you ("the Visitor") govern Visitor's use of this website (the "Site"). The Provider is providing Visitor with access to the Site subject to these Terms of Use and the Stonington Harbor Yacht Club Privacy Policy. By using the Site in any manner, Visitor accepts these Terms of Use and the Privacy Policy. If Visitor does not agree to these Terms of Use and the Privacy Policy, Visitor must immediately log off the Site and may not use the Site.

The person who accepts these Terms of Use represents and warrants that he or she is authorized to bind Visitor, and if that person is not so authorized that person agrees that he or she is personally responsible for all Visitor's actions under this Agreement.

Use of Materials on the Site
Provider maintains this Site for Visitor's personal use and information. Visitor should feel free to browse the Site. Provider is the exclusive owner of all proprietary rights associated with this Site, and Visitor should assume that all aspects of it are subject to Provider's copyrights, trademark rights and all other proprietary rights. Without Provider's prior written authorization, Visitor may not reproduce, distribute, modify, display, prepare derivative works based on, otherwise adapt, or re-post or otherwise use the content of this Site. Visitor's use of this Site does not in any respect whatsoever constitute a grant to Visitor of any license or other right to use or exploit any of these proprietary rights.

Links to Other Websites
Provider may from time to time establish links from this Site to other websites. Provider does not review all of the websites linked to this Site and is not responsible for the contents of any other websites. Any link established by Provider does not in any respect whatsoever constitute an endorsement of the other websites or create a relationship between Provider and the operators of other websites. Provider disclaims any liability with respect to visit or use of any other website. Provider makes no representations or warranties with respect to the security of any links.

Disclaimer
Provider expressly disclaims any and all representations and warranties concerning this Site and the accuracy of the information and content on this Site. Nothing in these Terms of Use or in any description of products or services shall constitute a representation or warranty with respect to such products or services. Provider expressly disclaims any representations and warranties that this Site will operate in an error-free manner. Visitor's use and browsing of this Site is done at Visitor's own risk, and Visitor hereby assume all risks associated with such activities. Provider expressly disclaims any representations and warranties that this Site or the server that makes it available are free of viruses or other harmful elements. THIS SITE IS PROVIDED TO VISITOR "AS IS, WITH ALL DEFECTS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Provider shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Visitor's access to, or use of, this Site, or arising out of any other matter, act, or thing associated with this Site or Provider's conduct of its business.

Prohibited Activities and Visitor Obligations
Visitor shall not:

  1. violate any applicable local, state, national or international statute, regulation, or law;
  2. upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  3. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent Visitor's affiliation with a person or organization;
  4. engage in any activities or manipulate identifying material to misrepresent the origin of content;
  5. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
  6. upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
  7. upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  9. interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
  10. collect or store personal data about other users; or
  11. use this Site for commercial purposes.

Indemnification
Visitor and Visitor's successors and assigns shall indemnify, defend, and hold harmless Provider and its successors and assigns from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to Visitor's use of this Site, Visitor's failure to perform any of Visitor's obligations under these Terms of Use, or Visitor's breach of any of Visitor's representations or warranties made under these Terms of Use.

Limitation of Liability
In no event shall Provider's total liability in connection with Visitor's use of this Site exceed Ten Dollars ($10.00).

Changes
These Terms of Use may be changed by Provider without notice to Visitor. Visitor should regularly review these Terms of Use to determine whether any changes have been made to them. Provider may modify, change, suspend, or discontinue the operation of this Site or the provision of any services without providing notice to Visitor. Any use of this Site following the date on which Provider implements changes to these Terms of Use or the Privacy Policy shall constitute Visitor's acceptance of all such changes.

Termination
Provider may terminate Visitor's access or use of the Site at any time, with or without cause.

General Provisions
Provider makes no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. The Provider's failure to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. These Terms of Use shall be governed by the laws of the State of Connecticut. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Provider, venue shall be in the State of Connecticut only and, in addition, Visitor hereby consents to the jurisdiction of the federal and state courts in the State of Minnesota. If any portion of these Terms of Use are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

© Stonington Harbor Yacht Club 2006. All Rights Reserved.