Terms and Conditions

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the vineyachts.com domain name, the "Vine Yachts Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF VINE YACHTS’ PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.vineyachts.com/about/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Vine Yachts Website. The Terms of Use form a binding legal agreement between you and Vine Yachts in relation to your use of the Website. By accessing or using the Website you also represent that you have the legal authority to accept the Terms of Use on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms of Use, you are not authorized to use the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

2. Vine Yachts Website

These Terms of Use apply to all users of the Vine Yachts Website. The Vine Yachts Website may contain links to third party websites that are not owned or controlled by Vine Yachts. Vine Yachts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Vine Yachts will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Vine Yachts from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Vine Yachts Website and to read the terms and conditions and privacy policy of each other website that you visit. Vine Yachts cannot guarantee or warrant that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted only on a temporary basis. Vine Yachts may suspend, withdraw, discontinue or change all or any part of the Website without notice. Vine Yachts will not be liable to you if for any reason our Website is unavailable at any time or for any period. It is your responsibility to make appropriate arrangements for you to access the Website including but not limited to configuring your information technology, computer programs and other devices to access the Website.

3. Website Access

A. Vine Yachts hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Vine Yachts’ prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use and (v) you will otherwise comply with the terms and conditions of these Terms of Use.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account, service or personal information without permission. When creating your account, you must provide accurate, current and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vine Yachts immediately of any breach of security or unauthorized use of your account. Although Vine Yachts will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vine Yachts or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Vine Yachts servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vine Yachts grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vine Yachts reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website. You agree not to post, use or transmit unsolicited or unauthorized content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising. You shall not upload or use inappropriate or offensive language or content in any communication or posting on the Website. You agree not to post, use or transmit content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites.

D. In connection with your use of the Website, you agree not to: (i) remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website; (ii) attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website; (iii) use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Website; (iv) post or transmit any personally identifiable information about persons under 13 years of age.

E. In connection with your use of the Website, you further agree not to register on the Website as another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

F. You may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website); (ii) use the Website in any manner that could disable, overburden, damage or impair such Website, or interfere with any other party’s use and enjoyment of any Website or Service; (iii) include in any other website any link to any page on this Website other than to the home page without prior written consent; (iv) establish a link suggesting any form of association, approval or endorsement on part the part of Vine Yachts where none exists; (v) establish a link to the Website in any website that is not owned by you.

G. Vine Yachts reserves the right to block and/or restrict access to the Website on a permanent or temporary basis at Vine Yachts’ sole discretion. Upon notification, such user may attempt to use the Website under another name or through another user.

4. Intellectual Property Rights

A. All copyrights and intellectual property of the Vine Yachts Website, and the content thereon, including without limitation, the text, software, code, files, links, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), processes, formats and proprietary glossary terms are owned by Vine Yachts, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions and are reserved to Vine Yachts. Content on the Website is provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Vine Yachts. Vine Yachts reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein or by other third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Vine Yachts Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Vine Yachts Website or the Content therein.

B. if you are a copyright owner or an agent thereof and believe that any content on the site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Vine YACHTS’ designated Copyright Agent to receive notifications of claimed infringement is: Brianne Beatty, Vine Yachts, L.L.C., email: brianne@vineyachts.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Vine Yachts customer service through info@vineyachts.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

C. Vine Yachts reserves the right to discontinue any aspect of the Vine Yachts Website at any time.

D. You are hereby advised to print a copy of these Terms of Use as they constitute a legal and binding agreement between us and can only be modified with the consent of Vine Yachts.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE VINE YACHTS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VINE YACHTS, ITS MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VINE YACHTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VINE YACHTS WEBSITE. VINE YACHTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VINE YACHTS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VINE YACHTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

IN NO EVENT SHALL VINE YACHTS, ITS MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOST PROFITS, LOSS OF GOOD WILL, DEFAMATION OR ANY OTHER DAMAGES OR CAUSES OF ACTION WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VINE YACHTS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT VINE YACHTS SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Vine Yachts from its facilities in the United States of America. Vine Yachts makes no representations that the Vine Yachts Website is appropriate or available for use in other locations. Those who access or use the Vine Yachts Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Changes to Terms

From time to time, Vine Yachts may change, remove, add to or otherwise modify the Terms of Use, and reserves the right to do so in its discretion. In that case, we will post the updated Terms of Use, as relevant, to the Website and indicate the date of revision. We encourage you to periodically review the Terms of Use. All new and/or amended Terms of Use take effect immediately; provided, however, that if deemed material by Vine Yachts it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the Website. Notwithstanding the foregoing, (i) no modification to the Terms of Use will apply to any dispute between you and Vine Yachts that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms of Use, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after new and/or revised Terms of Use are effective indicate that you have read, understood and agreed to those Terms.

8. Indemnity

You agree to defend, indemnify and hold harmless Vine Yachts, its officers, directors, members, managers, partners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Vine Yachts Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Vine Yachts Website.

9. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Vine Yachts Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Vine Yachts Website -- there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vine Yachts without restriction.

11. General

You agree that: (i) the Vine Yachts Website shall be deemed solely based in Texas; and (ii) the Vine Yachts Website shall be deemed a passive website that does not give rise to personal jurisdiction over Vine Yachts, either specific or general, in jurisdictions other than Texas. These Terms of Use shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Vine Yachts that arises in whole or in part from the Vine Yachts Website shall be decided exclusively by a court of competent jurisdiction located in Harris County, Texas. These Terms of Use, together with the Privacy Notice at http://www.vineyachts.com/privacy and any other legal notices published by Vine Yachts on the Website, shall constitute the entire agreement between you and Vine Yachts concerning the Vine Yachts Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Vine YACHTS’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Vine Yachts reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Vine Yachts Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND VINE YACHTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VINE YACHTS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.