Terms and Conditions

Thank you for your interest in Tide Risers!

This agreement (the “Agreement”) sets out the terms and conditions agreement that govern your purchase and use of the membership services (the “Services”) and materials being provided by Tide Risers LLC (“Tide Risers”).  Please read them carefully as they contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause and waiver of right to jury. 

BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY, AND ARE BECOMING A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE LEAVE THE WEBSITE.

Purchase

In consideration of the Services being provided by Tide Risers, you have agreed to pay Tide Risers the non-refundable purchase price set forth on this website for the Services selected by you (the “Purchase Price”).    The Purchase Price does not include any taxes that may be applicable to any products or services purchased by or received from Tide Risers, and you acknowledge and agree that you shall be responsible for any taxes that may be levied on the services and materials provided to you by Tide Risers (other than any taxes on the net income of Tide Risers).

Confidentiality; Restrictions on Use

You may have access to some of Tide Risers’ confidential data and other non-public confidential information, including proprietary training materials developed for use in connection with the Services (the “Training Materials”) and other proprietary information and materials (collectively, the “Confidential Information”).  You agree not to disclose Confidential Information to any third party. You will take reasonable steps to protect Tide Risers’ Confidential Information.

Any Training Materials may be protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States and other countries, and constitute proprietary information and/or trade secrets of Tide Risers.  Solely in connection with your use of the Services, Tide Risers grants you a non-exclusive, non-transferable, non-assignable and non-sublicensable right to use the Training Materials, provided that: (i) you shall not copy, distribute, publish, display, modify, sublicense, transfer, upload to a network, create derivative works from, transmit or in any way exploit any part of the Training Materials except as expressly contemplated in connection with the Services; and (ii) you shall return any and all copies of any Training Materials in your possession upon the request of Tide Risers.

Disclaimer & Limitation of Liability

YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES, THE TRAINING MATERIALS, AND ANY OTHER MATERIALS OR INFORMATION ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, FITNESS FOR A PARTICULAR PURPOSE, AND THE RESULTS OF YOUR USE THEREOF.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE YOU AGREE THAT TIDE RISERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES OF ANY KIND ARISING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES, THE TRAINING MATERIALS, AND ANY OTHER WORKS, EVEN IF TIDE RISERS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

In no event shall the total maximum liability of Tide Risers for all losses, costs, liabilities or damages to you for any cause whatsoever, and regardless of the form of action, exceed, in the aggregate, one hundred dollars ($100.00).

Indemnity

You shall indemnify and hold harmless Tide Risers from and against any and all liabilities, damages, penalties, fines, costs, losses and expenses (including reasonable attorneys' fees and other expenses of litigation) incurred by Tide Risers in connection with any claims, actions, suits or proceedings brought by any third-party arising out of or relating to your use of the Services or Training Materials in breach of this Agreement or any applicable law.

MISCELLANEOUS

a.     Force Majeure:  Tide Risers shall not be liable or deemed to be in default for any delay or failure in the performance of the Services or other obligations under this Agreement resulting directly or indirectly by reason of fire, flood, earthquake, explosion or other casualty, strikes or labor disputes, disruptions of telecommunication systems, inability to obtain supplies or power, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, or any other act or condition whatsoever beyond the reasonable control, fault or negligence of Tide Risers, provided that Tide Risers shall promptly resume performance of the Services whenever such causes are remedied.

b.     Modification; Severability:  No waiver or change to this Agreement will be binding or effective unless in writing and signed by both Tide Risers and you. If any provision (or portion thereof) shall be held unenforceable, the court shall modify or limit such provision so as to render it enforceable to the maximum extent permitted by law, and the remaining provisions of this Agreement and the remaining portions of any provisions held unenforceable in part shall continue in full force and effect.

c.     Governing Law:  This Agreement shall be governed by the laws of the State of New York in the United States of America, without reference to its conflict of laws principles, and each party hereby irrevocably submits to the jurisdiction of any state or Federal court sitting in the County of New York in the State of New York in any action or proceeding arising out of or relating to this Agreement, and waives any improper venue or inconvenient forum objections.