Last Updated: 12/25/2021
You hereby agree that you have read and downloaded, saved, and/or printed a copy of this Agreement for your records.
1. INFORMATION COLLECTED. We may collect and use the following types of personal information: your name, age, sex; credit card or bank account information; information regarding your use of the Site; orders you place; registration information; information that your browser sends whenever you visit the Site; and any other information you provide to us. You do not need to register or provide us with any personal information in order to visit and view the Site. However, if you wish to receive newsletters, make a purchase, enter any contest, or participate in certain other Site activities, you may be asked to register and/or submit certain personally identifiable information. Such information may include your name, e-mail address, street or postal address, telephone number, password, and credit card billing or other payment information.
2. USE OF INFORMATION. Subject to all applicable court orders, laws, rules and regulations, TULUM CHARTERS reserves the right to use your personal information for any purposes that TULUM CHARTERS may choose, including sharing with such information with third parties for purposes such as hosting and maintenance, database storage and management, advertising sales, e-mail marketing, e-commerce functions and credit card/payment processing.
3. CHANGING OR DELETING INFORMATION. You may at any time request to see and update or correct the information you have provided to us by e-mailing us at [email protected]
4. THIRD PARTIES AND LINKS TO OTHER WEBSITES. Our Site may contain advertisements and links to other web sites. This is not an endorsement, authorization or representation of any affiliation with those advertisers or the operators of those web sites. We do not exercise control over third party web sites. They may place their own cookies or other files on your computer, and collect or solicit both personally identifiable and non-personally identifiable information from you. Other web sites have their own privacy policies and practices and we encourage you to carefully read the privacy policies or statements of the other web sites and services you visit.
5. OUR POLICY TOWARDS CHILDREN. TULUM CHARTERS does not sell services for purchases by children. If you are under 18 years of age, you must have the involvement and consent of a parent or guardian. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete it from our files. If any parent or guardian becomes aware that their child under the age of 13 has provided us with personally identifiable information without their consent (or that we have otherwise collected or obtained such information), please contact us at [email protected]
6. CHANGE IN OWNERSHIP. In the event we change ownership or merge with another entity, we reserve the right to transfer, sell, or assign all information that we have collected.
7. ASSIGNMENT. TULUM CHARTERS may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party.
8. WAIVER. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
9. AMENDMENTS. We reserve the right to modify this Agreement from time to time, and we will notify you of any material changes by posting the new Agreement on www.tulumcharters.com and changing the effective date above.
10. LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with the laws of the State of Massachusetts, applicable to contracts made and to be performed within the State of Massachusetts and without regard to the choice of law provisions therein.
11. ARBITRATION. Each party will promptly notify the other in writing of any dispute. Each party’s designated representatives will meet within ten (10) days following the receipt of such written notice and will attempt to resolve the dispute within fifteen (15) days. Any and all claims or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the Commercial Rules, but not the administration of the American Arbitration Association. The arbitration will be conducted in Cambridge, Massachusetts. The laws of the State of Massachusetts (except its conflict of laws provisions) will govern the interpretation and enforcement of this Agreement and all disputes relating to this Agreement. Within ten (10) calendar days of service of a demand for arbitration, the parties will agree upon a sole arbitrator. If a sole arbitrator cannot be agreed upon, a panel of three (3) arbitrators will be named; each party will select one (1) arbitrator and the two (2) arbitrators selected by the parties will select a knowledgeable and impartial third arbitrator. There will be no discovery during the arbitration other than the exchange of the information and documents, which shall be provided directly to the arbitrator(s) upon request and approval of specific discovery requests. A final hearing shall be conducted within three (3) months of the appointment of the arbitrators. If damages are awarded, the arbitrator(s) will only award compensatory damages and will not award punitive or other non-compensatory damages. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs associated with the action, including the prevailing party’s share of the arbitration fees ( i.e., the prevailing party’s share of the sole arbitrator’s fees, or the cost/fee of the prevailing party’s arbitrator and it’s share of the third arbitrator appointed, if any). The decision of the arbitrator(s) will be final and binding and may not be appealed. A party may apply to any court having jurisdiction to obtain a judgment enforcing the decision of the arbitrator(s). The parties may cancel or terminate this Agreement in accordance with its terms and conditions without following the procedures in this Section.