Thank you for visiting the Ritz-Carlton Yacht Collection website located at www.ritzcarltonyachtcollection.com (the “Site”). The Site is an Internet property of Cruise Yacht OpCo Ltd., d/b/a Ritz-Carlton Yacht Collection (“RCYC,” “we,” “our” or “us”). The following Ritz-Carlton Yacht Collection Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Ritz-Carlton Yacht Collection Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to various featured websites, products and/or services (“Links”), including Links to web venues owned and/or operated by Marriott International, Inc., and its subsidiaries, including The Ritz-Carlton Hotel RCYC L.L.C. (collectively, the “Marriott Group”), as featured on the Site; and/or (ii) text, video and/or other information pertaining to yacht cruises and hospitality-related products and/or services made available on the Site (the “Informational Content,” and together with the Links, the “Content”); (c) accesses links to RCYC’s social media pages/accounts featured on third-party social media websites, such as Facebook®, Instagram®, LinkedIn®, Twitter® and YouTube® (collectively, “Social Media Pages”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, RCYC and/or featured members of the Marriott Group (collectively, the “Contact Services,” and together with the Site, and Content, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, CLASS-ACTION, COLLECTIVE-ACTION AND MASS-ACTION WAIVERS, A JURY-TRIAL WAIVER, AND THE REQUIREMENT TO ARBITRATE, ON AN INDIVIDUAL BASIS, ANY AND ALL DISPUTES WITHIN THE EXTREMELY BROAD SCOPE OF SECTION 16. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that RCYC is not in any way affiliated with Facebook, Google, LinkedIn or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and RCYC with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. RCYC may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class, collective, representative or mass action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law and are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. RCYC does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. RCYC does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and RCYC has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Contact Services. Where a User attempts to utilize the Contact Services, that User may be required to submit, and RCYC may collect, some or all of the following information: (a) the User’s e-mail address; (b) the User’s full name; (c) the User’s telephone number; (d) the User’s zip code and country/geographical region of residence; (e) whether the User is a member of any Marriot Group rewards programs; and (f) any other information collected via the Contact Services form (collectively, “Contact Data”). Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) RCYC may pass your Contact Data along to one (1) or more members of the Marriott Group; and/or (ii) you may be contacted by RCYC and/or one (1) or more members of the Marriott Group regarding your request. Where RCYC contacts you in connection with your submission of Contact Data, a RCYC representative may request additional information over the telephone (collectively, “Follow-Up Data,” and together with the Contact Data, the “User Data”).
COMMUNICATIONS CONSENT; PRIOR EXPRESS WRITTEN CONSENT. BY ENTERING OR CONFIRMING A TELEPHONE NUMBER THROUGH THE CONTACT SERVICES, AFFIRMATIVELY SELECTING ANY CHECKBOX OR OTHER CONSENT MECHANISM PRESENTED WITH THIS DISCLOSURE AND CLICKING THE APPLICABLE SUBMISSION BUTTON, YOU AFFIRMATIVELY REQUEST TO BE CONTACTED, AFFIX YOUR ELECTRONIC SIGNATURE TO THIS WRITTEN CONSENT AND EXPRESSLY AUTHORIZE RCYC, MARRIOTT INTERNATIONAL, INC., THE RITZ-CARLTON HOTEL RCYC L.L.C., THE OTHER MEMBERS OF THE MARRIOTT GROUP THAT PROVIDE OR SUPPORT THE SITE OFFERINGS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND VENDORS ACTING ON THEIR BEHALF (COLLECTIVELY, THE “AUTHORIZED CALLERS”) TO CONTACT YOU AT EACH AUTHORIZED NUMBER (AS DEFINED BELOW). THIS CONSENT EXPRESSLY AUTHORIZES INFORMATIONAL, CUSTOMER-SERVICE, TRANSACTIONAL, ADVERTISING, MARKETING AND TELEMARKETING COMMUNICATIONS CONCERNING RCYC, THE SITE OFFERINGS, YACHT CRUISES, HOSPITALITY SERVICES, RESERVATIONS, ITINERARIES, OFFERS, PROMOTIONS AND RELATED PRODUCTS OR SERVICES. YOU EXPRESSLY CONSENT TO RECEIVE LIVE AND PRERECORDED TELEPHONE CALLS, ARTIFICIAL-VOICE CALLS (INCLUDING CALLS USING SYNTHETIC OR AI-GENERATED VOICES), CALLS USING AN AUTOMATIC TELEPHONE DIALING SYSTEM, CALLS USING AN AUTOMATED SYSTEM FOR THE SELECTION OR DIALING OF TELEPHONE NUMBERS, PREDICTIVELY DIALED CALLS, DIRECT-TO-VOICEMAIL OR PRERECORDED VOICEMAIL MESSAGES, AND TEXT MESSAGES (INCLUDING SMS, MMS AND SUCCESSOR TEXTING PROTOCOLS), EVEN IF AN AUTHORIZED NUMBER IS LISTED ON ANY FEDERAL, STATE OR COMPANY-SPECIFIC DO-NOT-CALL LIST. THIS CONSENT IS INTENDED TO CONSTITUTE YOUR PRIOR EXPRESS CONSENT, PRIOR EXPRESS WRITTEN CONSENT, PRIOR EXPRESS INVITATION OR PERMISSION, AND EXPRESS REQUEST TO THE MAXIMUM EXTENT RECOGNIZED UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, THE TELEMARKETING SALES RULE, THE FLORIDA TELEPHONE SOLICITATION ACT, AND ALL OTHER APPLICABLE FEDERAL, STATE AND LOCAL TELEMARKETING, AUTOMATED-CALLING, PRERECORDED-MESSAGE, DO-NOT-CALL AND ELECTRONIC-COMMUNICATION LAWS, RULES AND REGULATIONS (COLLECTIVELY, “COMMUNICATIONS LAWS”). CONSENT IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS OR SERVICES. MESSAGE AND DATA RATES MAY APPLY; MESSAGE FREQUENCY VARIES.
For purposes of this Section 3, “Authorized Number” means: (a) each telephone number that you enter, submit, confirm or otherwise provide through the Site or Contact Services; (b) each telephone number that you later provide to RCYC or a member of the Marriott Group in connection with your inquiry, request, account, reservation, booking, transaction or use of the Site Offerings; and (c), to the fullest extent permitted by applicable law, any other telephone number associated or affiliated with you that appears in RCYC’s or the Marriott Group’s records or is obtained from a legitimate source and that an Authorized Caller reasonably believes is assigned to, subscribed to, regularly used by, controlled by or otherwise belongs to you. Your consent is expressly given both as to you, the person to be called or messaged, and as to each Authorized Number. To the fullest extent permitted by law, the consent attaches to and follows both you and each Authorized Number and is not extinguished merely because an Authorized Number is ported or transferred between carriers, devices, services, plans or accounts, or because the billing or account name changes, so long as you continue to subscribe to, regularly use, control or have authority to consent to communications at that Authorized Number. If applicable law requires separate consent for a particular telephone number or type of communication, this consent applies to that number or communication only to the extent the applicable legal requirement has been satisfied.
You represent and warrant that: (a) you are the subscriber, customary or regular user of each Authorized Number, or otherwise possess authority to provide the number and consent to communications at that number; (b) each Authorized Number you provide is accurate and belongs to or is lawfully controlled or used by you; (c) you have authority to consent to calls and messages directed both to you and to each Authorized Number; and (d) you will promptly notify RCYC if you cease to subscribe to, regularly use, control or possess authority over an Authorized Number. You agree to provide that notice before relinquishing or transferring an Authorized Number to an unrelated third party whenever reasonably possible. As between you and RCYC, your own porting or transfer of an Authorized Number does not revoke this consent while you remain the subscriber, regular user or authorized controller of that number. Nothing in this Agreement purports to bind an unrelated third party to whom a telephone number is later reassigned and who has not independently consented, or authorizes communications prohibited by nonwaivable law.
EXPRESS REQUEST; ESTABLISHED BUSINESS RELATIONSHIP. By submitting Contact Data, requesting information, requesting or scheduling a call, beginning an inquiry, submitting an application, making or considering a reservation or purchase, or otherwise interacting with RCYC or a member of the Marriott Group, you expressly request and invite responsive and follow-up communications. You acknowledge and agree that each such act creates a voluntary, two-way communication and an established business relationship (“EBR”) between you and the applicable entity to the broadest scope and for the longest period permitted by applicable law, including any period measured from your most recent inquiry, application, request, purchase or transaction. To the extent reasonably expected from the nature of your request, the products or services involved and the identity of the entity, you intend the EBR to include RCYC and those members of the Marriott Group involved in providing or supporting the Site Offerings or responding to your request. The EBR and express request are separate from, cumulative of and in addition to the communications consent above. No EBR shall be construed to eliminate any prior-express-written-consent requirement that applicable law makes independently applicable to an automated, artificial-voice or prerecorded telemarketing call or text, and any valid company-specific do-not-call request terminates the EBR to the extent required by applicable law.
QUIET-HOURS CONSENT. You expressly request, invite and consent to receive calls and text messages responding to your request or otherwise authorized by this Section 3 between 8:00 a.m. and 9:00 p.m. local time at your location, or during another time period that you specifically request or schedule. To the fullest extent that a Communications Law permits a consumer’s express request, invitation, permission or written consent to authorize communications during a period that would otherwise be treated as restricted or “quiet” hours, you expressly request, invite and consent to such communications, including communications between 8:00 p.m. and 9:00 p.m. local time. You waive any otherwise-applicable default calling-hours restriction only to the extent that the restriction is lawfully waivable. Nothing in this paragraph authorizes any communication during hours prohibited by nonwaivable applicable law. Unless you advise an Authorized Caller otherwise, you represent that the time zone reasonably associated with the Authorized Number or the location information you provide is the appropriate local time zone for communications.
REVOCATION; OPT OUT. You may revoke this consent or make a company-specific do-not-call request at any time by any reasonable means that clearly communicates your desire not to receive further calls or messages, including by replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE to a text message, using an automated opt-out mechanism provided during a call, calling (786) 204-1085, or emailing privacy@ritz-carltonyachtcollection.com. RCYC will honor a valid revocation or do-not-call request within the time required by applicable law. Revocation will be interpreted as broadly as your communication reasonably indicates, will not affect the lawfulness of communications sent before it was received and processed, and will not prevent nonmarketing communications that applicable law permits without consent. A one-time, nonmarketing message may be sent to confirm or clarify the scope of your opt-out to the extent permitted by law. A later, independently signed consent or express request may authorize communications anew to the extent permitted by applicable law.
Each User agrees to provide true, accurate, current and complete User Data. RCYC’s use of User Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
4. Social Media Pages. The Site contains links to the various RCYC Social Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that RCYC shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
5. Representations and Warranties. Each User hereby represents and warrants to RCYC as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User and, where applicable, the Entity that she/he represents which is fully enforceable against such User and, where applicable, the Entity that she/he represents in accordance with its terms; (b) User understands and agrees that User and, where applicable, the Entity that she/he represents, has independently evaluated the desirability of utilizing the Site Offerings and that neither User nor, where applicable, the Entity that she/he represents, has relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User and, where applicable, the Entity that she/he represents, will not conflict with or violate: (i) any order, judgment or decree applicable to User or, where applicable, the Entity that she/he represents; (ii) where applicable, any provision of User’s Entity’s corporate by-laws, certificate of incorporation or other organizational documents, if applicable; or (iii) any agreement or other instrument applicable to User or, where applicable, the Entity that she/he represents; and (d) User’s performance under this Agreement and use of the Site Offerings and, where applicable, the performance of the Entity that she/he represents and that Entity’s use of the Site Offerings, will not infringe upon any third party’s intellectual property rights and/or violate any applicable laws, rules or regulations.
6. Indemnification. Each User and, where applicable, the Entity that she/he represents, agrees to indemnify, defend and hold RCYC, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User/Entity, as applicable, and any other User/Entity, Marriot Group member or third party; (b) that User’s/Entity’s, as applicable, breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s/Entity’s, as applicable, unauthorized and/or improper use of the Site Offerings. The provisions of this Section 6 are for the benefit of RCYC, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
7. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. RCYC may terminate this license at any time for any reason. Unless otherwise expressly authorized by RCYC, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by RCYC. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by RCYC. Each User further agrees to indemnify and hold RCYC harmless for that User’s failure to comply with this Section 7. RCYC reserves any rights not explicitly granted in the Agreement.
8. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. All trademarks appearing by and/or through the Site Offerings, including those associated with the Marriott Group, are the property of their respective owners. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
9. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and RCYC will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
10. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RCYC MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S/ENTITY’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; AND/OR (D) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RCYC WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM RCYC OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. EACH USER AND, WHERE APPLICABLE, ENTITY, EXPRESSLY UNDERSTANDS AND AGREES THAT RCYC SHALL NOT BE LIABLE TO THAT USER OR, WHERE APPLICABLE, ENTITY, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RCYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, MARRIOTT GROUP MEMBERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER AND, WHERE APPLICABLE, ENTITY HEREBY RELEASES RCYC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF RCYC TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER/ENTITY, AS APPLICABLE, AND RCYC. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS/ENTITIES, AS APPLICABLE, WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF RCYC SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Copyright Policy/DMCA Compliance. RCYC reserves the right to terminate the account of any User/Entity who/that infringes upon third-party copyrights. If any User/Entity or other third-party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide RCYC with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for RCYC’s Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559
13. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Website and Marriott Group member websites and/or Links. RCYC does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by RCYC of the applicable website or any association with the website’s operators. Because RCYC has no control over such websites and/or resources, each User agrees that RCYC is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that RCYC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
14. Editing, Deleting and Modification. RCYC reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
15. Use of User Data. All material submitted by Users through or in association with the Site Offerings including, without limitation, the User Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
16. Dispute Resolution Provisions. THIS SECTION 16 REQUIRES INDIVIDUAL BINDING ARBITRATION OF AN EXTREMELY BROAD RANGE OF DISPUTES, DELEGATES CERTAIN THRESHOLD ISSUES TO THE ARBITRATOR, WAIVES JURY TRIALS, AND PROHIBITS CLASS, COLLECTIVE, REPRESENTATIVE AND MASS ACTIONS AND ARBITRATIONS. PLEASE READ IT CAREFULLY.
GOVERNING LAW; FEDERAL ARBITRATION ACT. The Agreement shall be treated as though it were executed and performed in Florida, and performed in Florida and, except as expressly provided in this Section 16, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. The parties acknowledge that the Agreement and each Covered Dispute (defined below) involve interstate and/or foreign commerce and maritime transactions. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), and federal substantive law governing arbitration exclusively govern the interpretation, applicability and enforcement of this Section 16, notwithstanding any state law to the contrary. If the FAA is held not to apply to a particular Covered Dispute, then the arbitration law of the State of Florida shall apply to the fullest extent permitted by law.
COVERED PARTIES; EXTREMELY BROAD SCOPE. For purposes of this Section 16, “Covered Parties” means RCYC; its past, present and future parents, subsidiaries, affiliates and related entities; each member of the Marriott Group; and each of their respective past, present and future owners, shareholders, members, officers, directors, managers, employees, agents, representatives, attorneys, insurers, contractors, subcontractors, vendors, service providers, licensors, licensees, marketing partners, telecommunications providers, predecessors, successors, assigns and intended beneficiaries. Each Covered Party is an intended third-party beneficiary of this Section 16 and may enforce it to the fullest extent permitted by law. “Covered Dispute” shall be interpreted to the broadest extent permitted by law and means any dispute, claim, demand, controversy, cause of action or request for relief of every kind or nature whatsoever between or among you, any Entity you represent and any Covered Party, whether existing now or arising in the past or future; whether known or unknown, suspected or unsuspected, accrued or unaccrued, direct or derivative, asserted or unasserted; and whether based in contract, tort, statute, regulation, ordinance, common law, equity, restitution, fraud, misrepresentation, consumer protection, privacy, data security, communications, telemarketing or any other legal or equitable theory. Covered Disputes include, without limitation, all disputes arising out of, resulting from, connected with, concerning or relating in any way to: (a) the Agreement, its subject matter, formation, performance, interpretation, enforcement, breach, termination or validity; (b) the Site Offerings or any access to, use of, inability to use or decision not to use any Site Offering; (c) any Content, Social Media Page, Contact Service, User Data, privacy practice, security practice, advertisement, marketing, promotion, offer, reservation, booking, cancellation, payment, refund, voyage, cruise, excursion, lodging, hospitality or travel product or service; (d) any telephone call, text message, voicemail, e-mail or other communication, including any claim under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the Florida Telephone Solicitation Act or any other Communications Law; (e) any transaction, inquiry, application, request, attempted transaction or contemplated transaction; and (f) any actual, alleged, anticipated, attempted, potential, contemplated, rejected, past, present or future contact, interaction, course of dealing, relationship or purported relationship between or among you, an Entity you represent and any Covered Party, whether or not the contact, interaction or relationship involves the Site or Site Offerings. Covered Disputes include claims asserted against a Covered Party based on conduct by another person or entity and claims involving facts occurring before you first accepted the Agreement or after the Agreement, your account, a transaction, a voyage or any relationship ends.
MANDATORY INDIVIDUAL INFORMAL DISPUTE RESOLUTION. Before commencing arbitration or litigation of a Covered Dispute, the claimant must send the other party an individualized, written Initial Dispute Notice. A User or Entity must use the Initial Dispute Notice available Here and send it to The Ritz-Carlton Yacht Collection, 100 NE 3rd Ave. Suite 300, ATTN: Data Privacy Officer- Legal Department, Fort Lauderdale, FL 33301, with a copy by e-mail to privacy@ritz-carltonyachtcollection.com. The notice must be personally signed by the claimant and include the claimant’s full name, mailing address, e-mail address, telephone number, any relevant account, booking or reservation number, a detailed description of the facts and legal basis of the Covered Dispute, the specific relief sought and a good-faith calculation of any monetary demand. RCYC shall provide substantially comparable information in any notice it sends. The parties shall confer personally and in good faith, by telephone or videoconference if either party requests, during the sixty (60) days after receipt of a complete notice in an effort to resolve the Covered Dispute. Each claimant must participate individually; a single notice may not be submitted on behalf of multiple claimants. Compliance with this paragraph is a condition precedent to arbitration or litigation, but noncompliance shall result only in a stay or dismissal without prejudice while the parties complete the process, not permanent forfeiture of a claim. Any applicable limitations period and filing-fee deadline shall be tolled from receipt of a complete notice through the end of the sixty (60)-day period.
BINDING INDIVIDUAL ARBITRATION. If a Covered Dispute is not resolved through the informal process, it shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules and Mediation Procedures then in effect (“Consumer Rules”), as modified by this Section 16. If the requirements for a Mass Filing defined below are met, the AAA Mass Arbitration Supplementary Rules then in effect shall apply only to the extent consistent with this Section 16. If the AAA is unavailable, unwilling or unable to administer a Covered Dispute consistently with this Section 16, the parties shall attempt in good faith for thirty (30) days to select another nationally recognized arbitration provider; if they do not agree, either party may ask a court of competent jurisdiction to appoint an arbitrator or provider under Section 5 of the FAA. The arbitration shall be heard by one neutral arbitrator in the county of your residence, unless the parties agree otherwise. For claims of Ten Thousand Dollars ($10,000.00) or less, you may elect an in-person, telephone, videoconference or documents-only proceeding to the extent permitted by the Consumer Rules. The arbitrator may award any individual remedy or relief that a court could award under applicable law, but only to the extent necessary to resolve the individual Covered Dispute before the arbitrator. The arbitrator shall issue a reasoned written award. The award shall be final and binding, subject only to judicial review permitted by the FAA, and judgment may be entered in any court of competent jurisdiction.
ARBITRATION FEES; SETTLEMENT OFFERS. Fees and costs shall be allocated under the Consumer Rules and applicable law, and RCYC shall pay all amounts that it is required to pay for this Section 16 to be enforceable. RCYC may provide a final written settlement offer after receiving an Initial Dispute Notice (“Final Settlement Offer”). If the arbitrator awards you relief greater than RCYC’s Final Settlement Offer, RCYC will pay all filing, administration and arbitrator fees associated with the arbitration and reimburse the reasonable attorneys’ fees your attorney incurred investigating, preparing and pursuing the Covered Dispute in arbitration. RCYC will not seek an award of attorneys’ fees or costs from you unless authorized by applicable law and the arbitrator determines that your claim was frivolous or brought for an improper purpose.
DELEGATION OF ARBITRABILITY. Except for the matters expressly reserved for a court in the next sentence, the arbitrator—and not any federal, state or local court or agency—shall have exclusive authority to resolve every dispute concerning the interpretation, applicability, scope, validity or enforceability of the Agreement or this Section 16, including any contention that all or part of the Agreement or this Section 16 is void, voidable, unconscionable, waived or otherwise unenforceable; whether a claim is a Covered Dispute; whether a nonsignatory may enforce or be bound by this Section 16; whether pre-arbitration requirements have been satisfied; and any defense to arbitration. A court of competent jurisdiction, and not the arbitrator or arbitration administrator, shall have exclusive authority to decide: (a) whether you and RCYC formed an agreement to arbitrate; (b) the validity, enforceability, interpretation and application of the Class, Collective and Representative Action Waiver and the Mass Action and Mass Arbitration Waiver below; (c) whether a set of demands constitutes a Mass Filing; and (d) whether the staged process below applies or has been followed. This delegation is itself an independent agreement to arbitrate and is intended to be clear and unmistakable.
CLASS, COLLECTIVE AND REPRESENTATIVE ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, EACH ENTITY YOU REPRESENT AND RCYC AGREE THAT EVERY COVERED DISPUTE SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. NO PARTY MAY BRING, JOIN, CONSOLIDATE, COORDINATE, PARTICIPATE IN OR RECEIVE RELIEF THROUGH ANY CLASS, COLLECTIVE, CONSOLIDATED, JOINT, REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL OR OTHER NON-INDIVIDUAL ACTION OR ARBITRATION. NO ARBITRATOR OR ARBITRATION ADMINISTRATOR HAS AUTHORITY TO: (A) COMBINE OR CONSOLIDATE THE COVERED DISPUTES OF MORE THAN ONE CLAIMANT; (B) PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, COORDINATED OR JOINT PROCEEDING; (C) MAKE ANY AWARD TO OR FOR THE BENEFIT OF ANY PERSON OR ENTITY OTHER THAN THE INDIVIDUAL PARTIES TO THAT ARBITRATION; OR (D) OTHERWISE ALTER THE INDIVIDUAL NATURE OF THE ARBITRATION. THIS WAIVER IS MATERIAL, ESSENTIAL, MUTUAL AND NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE, EXCEPT AS EXPRESSLY PROVIDED BELOW.
MASS ACTION AND MASS ARBITRATION WAIVER; MASS FILING DEFINITION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, EACH ENTITY YOU REPRESENT AND RCYC EXPRESSLY WAIVE THE RIGHT TO BRING, JOIN, PARTICIPATE IN, ADMINISTER, ARBITRATE OR RECEIVE RELIEF THROUGH A MASS ACTION OR MASS ARBITRATION. A “Mass Filing” exists when twenty-five (25) or more substantially similar Initial Dispute Notices, arbitration demands or other claims are asserted against the same or related Covered Parties by or with the assistance, coordination or representation of the same or coordinated counsel, organizations or funding sources, or using substantially similar forms, templates, factual allegations or legal theories, during any rolling one-hundred-eighty (180)-day period. A Mass Filing remains a Mass Filing even if the demands are submitted separately, sequentially or to different administrators, or nominally seek individual adjudication. No claimant or counsel may evade this paragraph by dividing, staggering, transferring, refiling or otherwise structuring substantially similar claims. Nothing in this paragraph prevents a claimant from retaining counsel of the claimant’s choice or from pursuing a genuinely individual Covered Dispute.
STAGED PROCEDURE IF COORDINATED DEMANDS ARE FILED. If a court determines that the Mass Action and Mass Arbitration Waiver is unenforceable as to a Mass Filing, or if a Mass Filing is submitted notwithstanding that waiver, the following exclusive staged procedure shall apply. First, counsel for each side shall select ten (10) demands, for a total of no more than twenty (20), to be filed and proceed in individual arbitrations. If a side fails to make its selections within fifteen (15) days, the administrator shall select them. Each demand shall be assigned to a separate merits arbitrator unless the parties to that individual arbitration agree otherwise in writing, and no award or ruling shall bind or have precedential effect in any other arbitration. All remaining demands shall be deemed submitted solely for tolling purposes and held in abeyance; no arbitration demand shall be accepted for merits administration and no filing, case-management or arbitrator fee shall be assessed for a demand unless and until it is selected for a stage, except to the extent nonwaivable law requires otherwise. Within sixty (60) days after the last award or other final resolution in the first stage, the parties shall participate in a global mediation before a mutually selected mediator, with RCYC paying the mediator’s fee. If claims remain unresolved after mediation, they shall proceed in successive stages of no more than fifty (50) individual arbitrations at a time, with each side selecting up to twenty-five (25) demands per stage. A new stage shall begin within one hundred twenty (120) days after the preceding stage is completed, unless the parties agree to a different schedule or a court orders one for good cause. The applicable limitations periods shall be tolled for each claimant from RCYC’s receipt of that claimant’s complete Initial Dispute Notice until the claimant’s demand is selected, withdrawn or otherwise resolved. A court of competent jurisdiction may enforce this procedure, enjoin inconsistent filings or fee assessments, and order the parties and administrator to proceed in compliance with it. If an administrator declines to follow this procedure, the parties shall select another provider or seek appointment under Section 5 of the FAA as provided above.
SMALL CLAIMS; TEMPORARY RELIEF; NONWAIVABLE PUBLIC RELIEF. Either party may elect to resolve an individual Covered Dispute in a small claims court of competent jurisdiction if the dispute remains exclusively in that court and proceeds only on an individual basis. Either party may seek temporary or provisional injunctive relief from a court solely to preserve the status quo, prevent imminent irreparable harm or protect intellectual-property or confidential-information rights pending completion of arbitration; doing so does not waive arbitration. If applicable law prohibits waiver of a particular claim for public injunctive or other representative relief, only that nonwaivable claim or remedy shall be severed and may proceed in court, and it shall be stayed pending final resolution of all arbitrable individual claims and remedies to the fullest extent permitted by law. Under no circumstances shall such a claim or remedy be arbitrated on a class, collective, representative, consolidated, coordinated, joint or mass basis.
JURY-TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, EACH ENTITY YOU REPRESENT AND RCYC KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY OF ANY COVERED DISPUTE, WHETHER THE COVERED DISPUTE IS RESOLVED IN ARBITRATION OR, UNDER AN EXPRESS EXCEPTION OR A DETERMINATION OF UNENFORCEABILITY, IN COURT.
SEVERABILITY; SURVIVAL; NO CLASS OR MASS ARBITRATION. Except as expressly stated in this Section 16, if any portion of this Section 16 is found invalid or unenforceable, that portion shall be severed or narrowed to the minimum extent necessary and the remainder shall remain in full force. If the Class, Collective and Representative Action Waiver is held unenforceable as to a particular claim, that claim may proceed only in a court of competent jurisdiction and not in class, collective or representative arbitration. If the Mass Action and Mass Arbitration Waiver or staged procedure is held unenforceable as to a Mass Filing, no portion of that Mass Filing may proceed in arbitration on a consolidated, coordinated, representative, joint or mass basis; any non-individual proceeding may occur only in court to the extent required by nonwaivable law. This Section 16 survives termination of the Agreement; completion, cancellation or expiration of any transaction, reservation, voyage or service; deletion of an account; cessation of Site use; the end of any contact, interaction or relationship; and bankruptcy or assignment to the extent permitted by law.
OPT-OUT RIGHT. You may opt out of this Section 16 by sending RCYC a personally signed written notice within thirty (30) days after you first assent to this version of the Agreement. The notice must state that you opt out of Section 16, identify your full name, mailing address, e-mail address and telephone number, and be mailed to The Ritz-Carlton Yacht Collection, 100 NE 3rd Ave. Suite 300, ATTN: Data Privacy Officer- Legal Department, Fort Lauderdale, FL 33301, with a copy by e-mail to privacy@ritz-carltonyachtcollection.com. An opt-out notice applies only to the person who personally signed it, does not alter any arbitration agreement previously entered into with RCYC or another Covered Party, and does not affect any other provision of the Agreement. If you timely and validly opt out, neither you nor RCYC will be bound by this Section 16 with respect to disputes governed by this version of the Agreement.
17. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. RCYC’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. RCYC may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
18. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of RCYC, you may email us as at: privacy@ritz-carltonyachtcollection.com; call us at: (786) 204-1085; or send us mail to: The Ritz-Carlton Yacht Collection, 100 NE 3rd Ave. Suite 300, ATTN: Data Privacy Officer- Legal Department, Fort Lauderdale, FL 33301.
RITZ® is a Registered Service Mark of The Ritz Hotel, Limited, Paris, and is used by The Ritz-Carlton Hotel Company under license.