Acceptance of Terms and Conditions

These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of By using this web site (“Web Site”) you are indicating that you agree to and understand these Terms of Use and have read and understand our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Web Site and exit now. Throughout these Terms of Use, the words “we,” “us,” “our,” and “Forty 1° North” refer to Forty 1° North, LLC and its parent, subsidiaries, and affiliates collectively. We may revise these Terms of Use at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check these Terms of Use periodically for any changes. Your continued use of this Web Site following the posting of any revisions to these Terms of Use will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Web Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms of Use.

Copyright, Trademark and Other Intellectual Property


Except as otherwise indicated, this Web Site and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, and animation) are owned by us and are protected by domestic and international copyright, trademark, patent, and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, presentation of all materials and the overall design of this Web Site are ©2008 Forty 1° North. All rights reserved. We hereby give you permission to download and print materials from this Web Site for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this Web Site, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material on this Web Site, including without limitation our enrollment system for guest programs (“Guest Program Enrollment System”). Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.


All trademarks, service marks, and trade names are proprietary to us or other respective owners that have granted us the right and license to use their marks.


By accessing our Web Site, you agree to indemnify us and any parent, subsidiary or affiliated entities, our directors, officers, employees, agents and consultants, and the directors, officers, employees, agents and consultants of any parent, subsidiary, or affiliated entities and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of our Web site or your violation of any term of these Terms of Use.


The materials and services on our Web site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that our Web site, server(s), or advertised or hyperlinked sites will be accessible at all times. We do not warrant or make any representations regarding the use or the results of our Web site or any information contained therein with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access this Web site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you. Documents, information, graphics and other materials appearing at our Web Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information and use of such documents, information, graphics or other materials is at your own risk.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, Forty 1° North shall not be liable for any damages (including, but not limited to, direct, indirect, incidental, special or consequential damages), whether based on warranty, contract, tort, or any other legal theory, including, but not limited to, damages for loss of data or other damage to any other intangible property, even if Forty 1° North has been advised of the possibility of such damages, resulting from: (i) the use or inability to use this Web site or the Guest Program Enrollment System, (ii) the disclosure of, unauthorized access to or alteration of any transmission or data, (iii) the statements or conduct of any third party or (iv) any other matter relating to Forty 1° North.

Links to Other Web Sites and Services

To the extent that our Web Site contains links to other web sites and outside services and resources, we do not control the availability and content of those web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other web sites. Viewing other web sites or utilizing outside services and resources is done at your own risk. Accordingly, we encourage you to be aware when you leave our Web site and to read the terms and conditions and privacy policy of each third-party web site that you visit. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.

Other Restrictions on Conduct

You must provide true and accurate information to our Web Site and the Guest Program Enrollment System. You are prohibited from misrepresenting your information or tampering with the Guest Program Enrollment System or our Web site. You agree not to disrupt, modify or interfere with the functioning of our Web Site or any services provided on or through it. You further agree not to disrupt, modify or interfere with in any way any software, hardware or servers associated with our Web site, and you agree not to impede or interfere with others’ use of our Web Site. You also agree not to alter or tamper with any information or materials on, or associated with, our Web Site or services provided on or through it.

Choice of Law and Forum

These Terms of Use are governed by the laws of the State of Rhode Island. You hereby agree to submit to the exclusive jurisdiction of the courts of the State of Rhode Island. Any claim or dispute between you and Forty 1° North that arises in whole or in part from your use of the Web site shall be decided exclusively by a federal or state court of competent jurisdiction located in the State of Rhode Island. Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to the provisions of these Terms of Use.

Severability and Enforceability

If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.


We reserve the right, in our sole discretion, to revoke any and all privileges associated with accessing and/or using our Web Site, and to take any other action we deem appropriate, including but not limited to terminating or suspending your use of the Web Site, for no reason or any reason whatsoever, including improper use of this Web Site or failure to comply with these Terms of Use.


We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time. You acknowledge and agree that any questions, feedback, comments, suggestions, ideas or other information provided by you to Forty 1° North shall become the sole property of us, with no obligation of confidentiality. Forty 1° North shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you. If you have any questions regarding these Terms of Use, contact us at