TERMS & CONDITIONS
Thank you for visiting CaptainsCharts.com (the “Site”). CaptainsCharts.com (“CaptainsCharts”) owns the Site and
all its content. Your use of the Site is governed by the following terms and conditions. By accessing or using this
Site, you intend to and expressly agree to be bound by all the terms and conditions of this Terms and Conditions
out below and those incorporated by reference. CaptainsCharts may amend this Agreement at any time by
posting the amended terms on the Site. If you do not agree to these terms and conditions of use, please cancel
this transaction and do not use this Site.
I. Service Terms
A. Use of this Site
CaptainsCharts grants you a limited license to access and make purchases on this Site provided you do not modify,
alter, or download (other than page caching) any portion of it. The permission granted to you shall terminate
automatically if you breach any of the terms and conditions set forth in this Agreement. CaptainsCharts reserves
the right to modify or remove any materials or products listed on the Site at any time without notice.
B. Prohibited use of this Site:
You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You
further agree not to download or copy any account information for the benefit of any merchant or use any data
mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without
the express written consent of CaptainsCharts. You agree not to interfere, disrupt or attempt to gain unauthorized
access to other accounts that use this Site or any other computer network. You further agree not to disseminate,
store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity
deemed by CaptainsCharts to be in conflict with the spirit or intent of this Agreement.
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including
all hardware, software, electrical, and other physical requirements for your use of this Site, including, without
limitation, telecommunications, internet access connections, web browsers or other equipment, programs,
and services required to access and use the Site.
You shall be solely responsible for any authorized or unauthorized access to your account by any person.
You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or
charges incurred from use of the Site with your password. If you use this Site, you are responsible for
maintaining the confidentiality of your account and password. You also are responsible for Restricting
access to your computer, and you agree to accept responsibility for all activities that occur under your
account and password. CaptainsCharts and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
CaptainsCharts does not sell or rent your personal information to third parties for their marketing purposes
You agree that from time to time this Site may be inaccessible or inoperable for any reason, including,
without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which
CaptainsCharts may undertake from time to time; or (3) causes beyond the control of CaptainsCharts or
which are not reasonably foreseeable.
III. Ownership of Intellectual Property
The following trademarks, service marks, and logos (the “;Trademarks”) used and displayed on this Site
are Trademarks of CaptainsCharts. All other brand names not exclusively licensed to CaptainsCharts on
this Site are owned by their respective owners. The National Oceanic & Atmospheric Administration name
and NOAA acronym is owned by the Department of Commerce/National Oceanic and Atmospheric
Administration. Under no circumstances may you use or copy any of the Trademarks or the NOAA acronym.
Nothing in this Agreement grants you any license or right to use any Trademarks displayed on this Site
without the express written permission of CaptainsCharts. You may not frame or utilize framing techniques
to enclose any Trademarks, brand names, logos or use any meta tags or any other “hidden text” utilizing
any CaptainsCharts Trademarks without the express written consent of CaptainsCharts. Any unauthorized
use terminates the limited license granted by CaptainsCharts in Section I (A) of this Agreement. The following
is a list of CaptainsCharts's Trademarks, but is not intended to limit the number of Trademarks owned or
licensed to CaptainsCharts:
1. Tiger Printing Group, LLC
2. CaptainsCharts, LLC
B. Copyrighted works:
All content contained in this Site, including, but not limited to, images, video, photos, electronic art,
animations, graphics, sounds, audio, information and data, communications programs, Internet links,
electronic mail services, user interfaces, executable code, and data formatted, organized, and collected
in a variety of forms, including layouts, pages, screens, directories, and database CaptainsCharts. Some
product listings, photographs, and descriptions contained on the Site are owned by their respective owners.
You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or
publicly display any content (except for your personal noncommercial use) from the Site without the
prior express written permission of CaptainsCharts and the appropriate third party as applicable.
IV. Online Purchases
A. Product Descriptions:
CaptainsCharts and its affiliates attempt to be as accurate as possible. However, CaptainsCharts does
not warrant that product descriptions and images or other content on this Site are accurate, complete,
reliable, current, or error free. Although CaptainsCharts has made every effort to display and describe
the likeness of each product (including, without limitation, colors, sizes, images, and designs) as
accurately as possible, it is possible that the displayed likeness of the products will depend upon the
graphic image as well as the quality of your computer monitor. CaptainsCharts cannot guarantee that
the Site or your computer monitor will accurately portray the actual likeness of the products. The product
images shown are intended for representational purposes only and CaptainsCharts reserves the right to
substitute a similar image for the one described in the product information in the event an actual image
of the product cannot be provided.
B. Product prices:
Product prices displayed on the Site are subject to final approval at the time of order. CaptainsCharts
reserves the right to change product pricing, terms, specifications, and warranties without notice.
CaptainsCharts reserves the right to limit the number of products sold, including the right to
prohibit sales to resellers. Prices do not include shipping, tax, or insurance.
V. Warranty Disclaimers
CAPTAINSCHARTS AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS,
ASSIGNS, AND AFFILIATES PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE
“AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CAPTAINSCHARTS AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS,
ASSIGNS, AND AFFILIATES DO NOT WARRANT THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW OF THE STATE OF PENNSYLVANIA, CAPTAINSCHARTS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPTAINSCHARTS
DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
VI. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CAPTAINSCHARTS OR ITS AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY
MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES AND PRODUCTS
OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE
THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED
ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT
OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO
THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR
THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT,
OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES; THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
VII. Release and Indemnification:
In the event you have a dispute with a purchase, service, or any product offered on this Site, you agree to
release CaptainsCharts and its affiliated companies, members, governors, directors, officers, employees,
and agents from all claims, demands, and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with the dispute. If you are a California resident, you waive California Civil Code 1542, which
says: “A general release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have materially affected his
settlement with the debtor.”
You agree to indemnify, hold harmless, and defend CaptainsCharts, its affiliated companies, members,
governors, directors, officers, employees, and agents from and against any action, cause, claim, damage,
debt, demand, or liability, including reasonable costs and attorney fees, asserted by any person, arising
out of or relating to: (1) this Agreement; (2) your use of this Site, including any data or work transmitted
or received by you; and (3) any prohibited use of the Site as set forth in Section 1(b).
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until
terminated. CaptainsCharts reserves the right, in its sole discretion and without notice, at any time and
for any reason, to: (1) remove or disable access to all or any portion of the Site; (2) suspend your access
to or use of all or any portion of the Site; and (3) terminate this Agreement.
CaptainsCharts shall have the right, at any time and without notice, to add to or modify the terms of this
Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall
be deemed to constitute acceptance of such amended terms.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any
one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision,
or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any
such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the
party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will
be enforced to the maximum extent possible and the other provisions will remain fully effective and
All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage
prepaid, or when sent by facsimile or e-mail to either party's last known post office, facsimile, or e-mail
address, respectively. User hereby consents to notice by e-mail. All notices shall be directed to the parties
at the respective addresses given above or to such other address as either party may, from time to time,
provide to the other party.
This Agreement is made in and shall be governed by the laws of the State of Pennsylvania without reference
to conflict of laws.
All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal
or state courts in the State of Pennsylvania. The parties irrevocably submit and consent to the exercise of
subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state
courts in the State of Pennsylvania. The parties hereby irrevocably waive any and all objections which
any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the
federal or state courts in the State of Pennsylvania and to the laying of venue of any such suit, action, or
proceeding brought in any such federal or state court in the State of Pennsylvania.
The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party
may now or hereafter have, to process being served in any such suit, action, or proceeding referred to in
the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service
by certified or registered mail, return receipt requested. No provision of this section shall affect the right of
any party to serve process in any manner permitted by law or limit the right of any party to bring suits,
actions, or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts
of the State of Pennsylvania.
H. Entire Agreement:
This Agreement constitutes the full and final representation of the parties understanding and supersedes
any and all prior or contemporaneous communications, representations, statements, and understandings,
whether oral or written, between the parties concerning the subject matter of this Agreement.