TERMS & CONDITIONS
Acceptance of Terms and Conditions
Copyright, Trademark and Other Intellectual Property Protection
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.
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
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
Severability and Enforceability
Collection and Use of Data
Your privacy is important to Forty 1° North. We at times collect, retain and utilize Data about you to operate our business and to make our products, services and other opportunities available. The term “Data” means personally identifiable information that Forty 1° North obtains about you, including your name, telephone number, physical address and email address. We recognize and respect your privacy concerns about this information. We obtain Data in a variety of ways (for example, directly from you in applications, from your transactions or experiences with Forty 1° North, or its affiliates, and from other third parties). Also, when you visit the Website, we collect information that does not identify you to measure the use of the Website and to improve the content of the Website, as described below.
As is true of most websites, Forty 1° North may gather certain information automatically and store it in log files. This information, which does not identify you, includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may use this information to track user habits and improve the functionality of the Website as a result of our observations.
Disclosure of Information
We may share or transfer your Data as directed to do so by you. We may transfer Data to third party vendors who act for us for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party vendor may have access to your Data in order to support our information technology or help compile and manage the data. We also disclose Data about you as permitted by law (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation). We may, in our sole discretion, share or transfer your Data where permitted or required by law, to comply with legal process, to protect the security or integrity of its databases or the Website, to protect our business or reputation, to take precautions against legal liability, in the event of a business transition (see below), to protect and defend our rights or property, for required institutional risk control, or for resolving disputes, inquiries or complaints with respect to your use of the Website.
Maintenance of Accurate Information
We have established procedures to correct inaccurate information in a timely manner. If you have any reason to believe that Data about you that is stored and maintained by us is incorrect, please contact us by email at: firstname.lastname@example.org.
Protection of Information
We strive to maintain the reliability, accuracy, completeness and currency of your Data in our databases and to protect the privacy and security of our databases and the data we collect. Any Data that you provide to us will be stored on our computer network servers.
In the event Forty 1° North goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Data might be among the assets transferred.
Changes in Forty 1° North Privacy Statements
If we decide to change this Policy, we will post the changes at this Website and at other places we deem appropriate. We reserve the right to modify this Policy at any time and without notice to you.
3rd Party Advertising Cookies Opt-Out
This Policy is effective as of January 1, 2008.
If you have any questions or suggestions regarding this Policy, please contact Forty 1° North at: Forty 1° North, 351 Thames Street, Newport RI 02840, or by e-mail: email@example.com.
- Upon approval and receipt of payment of the fee associated with the selected program (the “Fee”), the guest paying the Fee (the “Guest”) will be enrolled in the 41°N Card program at Forty 1° North.
- The Guest may access the facility by dinghy (up to 22′ inflatable or rigid inflatable boat only) and may remain on the designated dinghy dock for up to 3 hours. The Guest’s boat must display the Forty 1° North decal. Use of the dinghy dock is subject to availability.
- The Guest will receive one 41°N Card which should be used for identification purposes at Forty 1° North.
- The Guest will receive a house account to which charges made at any Forty 1° North facility may be charged. The 41°N Card must be presented in order to make charges to the Guest’s house account. The house account will be linked to the credit card supplied by the Guest and the Guest agrees that any house charges will be charged to the Guest’s credit card. If the credit card on file has been lost or stolen or cancelled it is the cardholder’s responsibility to provide a new credit card number to Forty 1° North promptly. Debit cards will not be accepted. Charges on the guest’s house account will be charged periodically to the credit card on file. The charge will be the total of all accumulated charges on the guest’s account.
- Forty 1° North dining credit may be used only against food and beverage charges at The Grill and Christie’s. Forty 1° North dining credit may not be used for banquet, catering or special events as defined by Forty 1° North.
- The Guest should take care to safeguard the 41°N Card. In the event the Forty 1° North card is lost or stolen, the Guest will be responsible for all charges made on the Guest’s house account until such time that the Guest has notified Forty 1° North in writing to stop accepting the 41°N Card.
- Discounted in-room spa services are subject to the standard conditions and reservation requirements of full priced spa services.
- Special room rate of $150 for same day reservations made after 10:00pm is subject to availability of standard room categories (City View Guest Room, Water View Guest Room & Premium Water View Guest Room). Upgraded room categories may be offered at the sole discretion of Forty 1° North for a supplementary charge.
- The Guest’s house account shall be charged $25 for any Guest Card issued to an Additional Cardholder (defined below) and for each replacement card issued to a Guest or Additional Cardholder or in the event the Guest Card is not returned upon the request of Forty 1° North.
- Reservations for food and beverage facilities are encouraged. With regard to priority seating, additional guests may be accommodated for meals at the discretion of Forty 1° North.
- All Forty 1° North Card Holders must be at least 21 years of age.
- The Guest may specify one spouse or domestic partner as an additional cardholder on the Guest’s account (an “Additional Cardholder”). The Additional Cardholder must be provided in writing at the time of enrollment in order for him or her to exercise privileges. The Guest is responsible for all charges made by the Additional Cardholder to the Guest’s house account. No other person aside from the specified spouse or domestic partner may be an additional cardholder. Cardholder must be present for their guests to access Forty 1° North when access is restricted to Cardholders.
- Acceptance as a Guest is subject to availability. This agreement is not a license and does not otherwise provide rights to the property other than described herein. The rights of any Guest may be revoked at any time at the discretion of Forty 1° North and the portion of the Fee pertaining to the balance of the season (or week for weekly guests) will be refunded, less any used credits.
- Due to private functions, special events, capacity issues or otherwise at the discretion of Forty 1° North, access to the property is subject to availability and the Guest should not assume that the facility will always be available.
- Forty 1° North is a non-smoking facility.
- Any food and beverage or other credits that remain unused at the end of the program (as set forth in section 19 below) shall expire and are not convertible to cash or a refund.
- Parking is not included in the Fee, except for Guests participating in the Premier 41°N Card program.
- The Guest agrees to abide by the rules and regulations and terms and conditions of Forty 1° North, which may be added to or amended at Forty 1° North’s discretion.
- The 41°N Card Program for 2021 and the Guest’s privileges and benefits thereunder, including those detailed in this website and in these terms and conditions, shall expire on April 30, 2022.
- Specials and promotions are subject to availability and black-outs.
- One Complimentary Harbor Tour for the Guest is available June 1 through August 31 and requires advance reservations.
- Complimentary room nights may be redeemed between November 1 and March 31 based upon availability. Any room nights that remain unused by March 31 shall expire and are not convertible to cash or a refund.
- A complimentary bottle of champagne, chosen by Forty 1° North, will be offered to the Guest on their birthday while dining on property. Champagne must be consumed on premises.
- These terms, conditions, and benefits of the 41°N Card program are subject to change at any time without notice.
Release of Liability
I hereby acknowledge that I have voluntarily agreed to be a Guest at Forty 1° North. As lawful consideration for being permitted to utilize the facilities of Forty 1° North, I hereby release for myself, my spouse, my domestic partner, my guests, legal representatives, heirs and assigns, and further waive and discharge Forty 1° North, LLC, 802 Partners, LLC, and Upland Development Partners, Inc. and their officers, directors, members, owners, employees, parent/sub and related entities, heirs, successors and assigns (the “Releasees”) from all liability to me, my spouse, my domestic partner, guests legal representatives, heirs and assigns, for any and all loss or damage, and any claim or damage as a result therefrom, on account of injury to my person or property or otherwise, including even such injury as may result in my death, whether caused by negligence of the Releasees above described, or otherwise, while I am for any purpose on the premises of Releasees, whether engaged in physical activity, or otherwise. Further, I agree to indemnify the Releasees, and each of them, from any loss, liability, damage or cost they may incur due to my presence, or the presence of my spouse, my domestic partner, or guests in or upon the premises of Forty 1° North whether said loss, liability, or damage or cost is caused by the negligence of the Releasees, or otherwise. Further, I expressly agree that this release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the state of Rhode Island and that if any portion of the release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself, the Releasees, and Forty 1° North and its affiliates and enter into it of my own free will.