Hylas Yachts International, LLC is a Florida limited liability company with registered address located at 1688 Meridian Avenue, 7th Floor, Miami Beach, FL 33139 (“Hylas Yachts” or “Hylas Yachts International”). Hylas Yachts owns the website www.hylasyachts.com (the “Website”).
Please read these Terms and Conditions carefully, they apply to your use of the Website and are a legally binding agreement between you and Hylas Yachts. By accessing the Website, you agree to these Terms and Conditions in their entirety. If you do not agree, do not use the Website.
Restrictions on Use
You will not use the Website or its content:
In violation of any local, state, national or international laws, rules, or to infringe upon or violate Hylas Yachts’ or any third-parties’, publicity or intellectual property rights, including without limitation, trademarks, copyrights, patents and trade secret rights;
To make representations related to the Website or to Hylas Yachts that you know or have reason to know to be false, incomplete, detrimental, inaccurate or misleading or that are unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, tortuous, libelous, defamatory, slanderous, vulgar, racially, ethnically or otherwise objectionable or embarrassing to Hylas or to any third party;
To engage in screen scraping, database scraping or any other activity for the purpose of obtaining content, data, or other information, in violation of these Terms and Conditions or the law;
To engage in any conduct that, in Hylas Yachts’ opinion, violates any law or exposes Hylas Yachts or its affiliates, customers or suppliers to any liability or detriment of any type;
To alter, delete, interfere with or otherwise damage any portion of the Website;
To transmit any content that contains any virus, Trojan horse or other computer code, file or program designed to interrupt, corrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment, or otherwise interfere with or disrupt the Website or any servers or networks connected to the Website; or
To transmit any content that contains any worm, trap door or back door that would allow unauthorized access to the Website, or to any Hylas Yachts’ software, hardware, computing environment or network, or could erase data or programming.
Any use of the Website or conduct that violates these Terms and Conditions may result in civil or criminal liability prosecution.
All names, images, and logos identifying Hylas Yachts, are proprietary marks of Hylas Yachts International. All third-party brand, product, service and company names contained on this Website, are the trademarks, service marks and trade names of their respective holders. Hylas Yachts does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders’ rights.
All rights, including copyright in the website and its contents are owned by Hylas Yachts International. It is not permitted to copy, reproduce, republish, download, post, broadcast or transmit any text, graphics, logos, buttons, icons, images and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from Hylas.
Hylas Yachts reserves the right to use for its own purposes any material submitted to the Website, including text and images, either on the Website or in any other form, including for publicity purposes. Hylas Yachts reserves the right to monitor submissions to the Website and to edit or reject any submissions.
If you have any questions regarding these Terms and Conditions or if you believe that your intellectual property rights have been violated by Hylas Yachts or by a third party through the use of the Website, please notify Hylas Yachts at email@example.com.
Hylas Yachts will request a formal notification containing the information required by the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3) before removing any infringing material. Hylas Yachts may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.
Hylas Yachts strives to make sure that the information included on the Website is accurate, complete and up-to-date. However, the Website and all its content, including information, text, names, images, pictures, logos, links, icons and other materials (without limitation) are provided without representation warranty or endorsement, express or implied. The information and specifications on this Website may vary and are subject to change without notice. Some illustrations may show yachts with optional or upgraded equipment.
Hylas Yachts does not warrant or represent the accuracy or completeness of any information provided on this Website, nor does it guarantee that use of this Website will be uninterrupted or error-free, or that the Website and its servers are free of computer viruses or bugs.
Hylas Yachts will not be liable to any person, in any event, for any damage or loss, including without limitation, indirect or consequential damages, that may arise from the use of the Website, or the information or products displayed on it, or loss of use, data, or profits, whether in an action of contract, negligence or any other actions, arising out of or in connection with the use of the Website. Notwithstanding anything else in these Terms and Conditions, Hylas Yachts will not be liable for any claims relating to the functionality or availability of this Website.
Hylas Yachts does not represent, warrant, endorse or hold responsibility over any external sites that may be linked to and from this Website. Any external site visited by clicking through a link on this Website is outside of the control of Hylas Yachts International.
You hereby indemnify and hold Hylas Yachts and its subsidiaries, affiliates, current and former: officers, agents, directors, employees, contractors, or other partners, harmless from any claim, action or demand, loss, costs and expense, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, including your violation of the rights of another, or any negligent acts, errors or omissions of you or your agents or contractors.
Limitation of Liability and Time
Neither Hylas Yachts nor its suppliers or affiliates will be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hylas Yachts has been advised of the possibility of such damages), resulting directly or indirectly from: (i) the use, reliance, or the inability to use the Website, (ii) statements or conduct of any third party on the Website, (iii) any error or omission, or (iv) any other matter relating to the Website. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Choice of Law and Jurisdiction; Attorney’s Fees
These Terms and Conditions and the relationship between you and Hylas Yachts are governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Hylas Yachts agree to submit to the personal and exclusive jurisdiction of the courts located within the Miami-Dade County, Florida. In any action to enforce or interpret this Terms and Conditions or any provision hereof, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs in such action.
Additional Legal Matters; TRIAL JURY WAIVER
The failure of Hylas Yachts to exercise or enforce any right or provision of these Terms and Conditions is not a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions encompass the entire agreement of the parties and supersedes all previous understandings and agreements between the parties, whether oral or written. Each party having had the opportunity to seek legal counsel of its choice, both parties hereby irrevocably waive the right to trial by jury with respect to any issue which may arise between them.
Updating these Terms
Hylas Yachts reserves the right to update these Terms and Conditions at any time. Your use of the Website after any updates are posted will constitute your consent to abide and be bound by them.
Revised: January 2019