43North: Terms and Conditions

Please carefully read these terms and conditions before using our service.

Interpretation and Definitions Interpretation

The capitalized words in this document have specific meanings defined under the following conditions. Regardless of whether they appear in singular or plural form, the following definitions shall apply.

Definitions For the purposes of these Terms and Conditions: Affiliate refers to an entity that controls, is controlled by, or is under common control with the party. "Control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority. Country refers to the country where 43North is registered. Company (referred to as "the Company," "We," "Us," or "Our" in this agreement) refers to 43North, located at 1872 180th St, Milford IA 51351, USA. Device means any device capable of accessing the service, such as a computer, cellphone, or tablet. Service refers to the charter services provided by 43North. Terms and Conditions (also referred to as "Terms") mean these terms and conditions that constitute the entire agreement between You and 43North regarding the use of the Service. Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available through the Service. Website refers to 43North, accessible from https://www.fortythreenorth.com/. You means the individual accessing or using the Service, or the company or legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment These are the Terms and Conditions governing the use of our Service and the agreement between You and 43North. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, You may not access the Service. You represent that you are over the age of 18. 43North does not permit individuals under 18 to use the Service. Your access to and use of the Service are also subject to Your acceptance of and compliance with 43North's Privacy Policy. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites Our Service may contain links to third-party websites or services that are not owned or controlled by 43North. 43North has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that 43North shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of 43North and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall 43North or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if 43North or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer: The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 43North, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, 43North provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected. Without limiting the foregoing, neither 43North nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of 43North are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law The laws of the country where 43North is registered, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting 43North.

Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any