Last Updated 8/10/22
We reserves the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Modifications shall be effective immediately upon posting as evidenced by the “Last Updated” date of these Terms. Your continued use of the Site confirms your awareness and acceptance of these modifications.
3. Ownership. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively “Content”), and all trademarks, service marks, and logos contained herein (the “Marks”) are owned or controlled by us, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property (“IP”) rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Under no circumstances shall you acquire any ownership rights or other interest in any content by or through your use of the Site.
4. Use of Site. Elizabeth Fast Ferry grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the sole discretion of Elizabeth Fast Ferry and we may terminate your use of the Site at any time.
5. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
6. Indemnification. You agree to indemnify, defend and hold Elizabeth Fast Ferry and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of this Site.
7. Disclaimer. THE CONTENT AND MARKS ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ELIZABETH FAST FERRY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ELIZABETH FAST FERRY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE, OR THE CONTENT OR MARKS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL USE OF THE SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. In the event these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
10. Applicable Law. You agree that the laws of the state of New Jersey, without regard to conflicts of law provisions will govern these Terms and any dispute that may arise between you and Elizabeth Fast Ferry or its affiliates.
11. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
12. Waiver. The failure of Elizabeth Fast Ferry to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Elizabeth Fast Ferry must be in writing and signed by an authorized representative of Elizabeth Fast Ferry.
13. Relationship of the Parties. Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
15. Contact Information.
Address: Elizabeth Fast Ferry, 12345 Main Street, Elizabeth, NJ 12345