Terms of Service
Effective April 15, 2016
This web site is provided by Sickboat, LLC (“Sickboat”) who is its sole owner. Access to (and use of the information contained in) this web site (“Site”) as well as conducting of any transactions are all subject to the terms and conditions of these Terms of Service. Please read this information carefully. Sickboat reserves the right to make changes or updates to this Site and to add, modify or delete products or programs described in this Site at any time without further notice. Your continued use of this Site following such changes signifies your acceptance of those changes or updates.
You are authorized by Sickboat to view this Site for informational purposes only. You may not use, reproduce or publicly display or perform, or distribute any of the content (such as text, graphics, logos, images, audio clips, video, data, music, software, and other material “Content”) from within this Site for any commercial or public purpose, unless Sickboat has given you express prior written consent to do so. You may not “mirror” or “frame” any portions of this Site in any other environment without prior written consent from Sickboat.
- Your Account/Use of Site
You are not obligated to maintain an account to view this Site, but you may be required to maintain an account if you wish to purchase products or services, conduct any other transactions or visit certain portions of the Site. If you maintain an account, you must complete the registration process by providing Sickboat with current, accurate and complete information as requested on the applicable registration form. You further agree to maintain and promptly update such information to keep it current, accurate and complete. You are responsible for maintaining the confidentiality of your account number, user name, password or access tokens, as well as those of any other person or user associated by or with you. You shall notify Sickboat involved immediately with regard to any known or suspected unauthorized or inappropriate uses or users of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your or other’s user name, password or access tokens at email@example.com
You understand that you are responsible for (and Sickboat is entitled to consider authorized) any charges, liabilities or claims arising from the use of the Site, including but not limited to use of your account, user name, password or access tokens, or those other user names, passwords or access tokens authorized by or associated with you.
Right to terminate. Sickboat reserves the right to terminate the access of any user (which may include the termination of any account associated with that user) in its discretion at any time without notice with or without cause. In any case, Sickboat may terminate users that do not observe these Terms of Service and who infringe or otherwise violate the rights of others. You may also terminate your use of this Site or your account at any time. However, if you terminate your account, you will still need to fulfill any obligations which remain outstanding.
The use of this Site, and any Content, is solely for your internal use and no other party. Your account may not be transferred, assigned, stored, copied, reverse engineered, revealed, given, loaned, rented or sold.
You agree to not decompile, disassemble, decrypt, reverse engineer or otherwise tamper with (or allow or suffer others to decompile, disassemble, decrypt, reverse engineer or otherwise tamper with) this Site or any part thereof, or any product or service offered.
Sickboat alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Site or any products or services (“Submissions”) and you agree to assign such Submissions to Sickboat free of charge. Sickboat may use all Submissions as it deems appropriate in its sole discretion.
- Terms of Service, Means of Communication and Amendment Provisions
The “Terms of Service” includes this document and any and all exhibits, enrollment forms, price schedules, as well as terms or instructions displayed on a screen on this Site, and any procedures or policies applicable to the use of this Site all as may be amended from time to time (“Terms of Service”).
These Terms of Service shall govern your use of this Site, which also includes but is not limited to any of products and services displayed, offered or described on this Site. You must agree to abide by all of the terms and conditions of this Terms of Service to use this Site. If you do not agree, you may not use this Site or obtain products or services through it.
Sickboat’s primary means of communication with its users is through the electronic means. As a result, you are obligated to maintain an active, valid e-mail address on file at all times. Sickboat may use that or other electronic means (including any that you have designated) to provide you with information or notices.
Sickboat is not obligated to communicate with you or give you notice by telephone, by fax, or through the US Postal Service, overnight couriers or other paper based means.
Any communications or other information may be sent to you electronically, at Sickboat’s option, either:
- to your email address,
- by posting the information on the Site and sending you a notice to your email address telling you that the information has been posted and providing instructions on how to view it, or
- to the extent permitted by law, by posting the information to the Site.
If you wish to communicate with Sickboat, you may do so by sending an email to
Change or modification of terms. Except as otherwise required by law, Sickboat may in its sole discretion change or modify the terms of this Terms of Service from time to time, and at any time. This may include adding new or different terms to this Terms of Service. It may also include removing terms from these Terms of Service. Changes will not apply retroactively. When changes are made, Sickboat will update these Terms of Service by giving you notice through the electronic means described above.
All changes will be effective thirty days after notice as described above. In any event, your continued use of the Site or any products or services related to or connected with the Site after Sickboat provides you notice constitutes your agreement to the amended Terms of Service.
Your signature on (or acknowledgment of) these Terms of Service, your use of this Site or your acceptance of a user name, password or access token, or any use or purchase of any product or service constitutes your agreement to the terms and conditions of these Terms of Service in their entirety.
- Warranties, Disclaimers, Limitations of Liability
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SICKBOAT, ALL PRODUCTS, SERVICES, INFORMATION, SOFTWARE, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SICKBOAT’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY DISPUTE WITH SICKBOAT SHALL BE THE TERMINATION OF THESE TERMS OF SERVICE. IN NO EVENT SHALL SICKBOAT (WHICH INCLUDES BUT IS NOT LIMITED TO ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, LOST PROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THESE TERMS OF SERVICE, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES AVAILABLE THROUGH OR RELATED TO THIS SITE THAT ARE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT,AND WHETHER OR NOT SICKBOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE USE OF THIS SITE OR ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR ANY PRODUCTS OR SERVICES MAY BE BROUGHT BY EITHER PARTY HERETO MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Links to Third-Party Sites. Any links to third-party Sites found within this Site are provided solely as an added convenience to you. Sickboat has neither reviewed the contents of these third-party Sites nor does Sickboat claim any responsibility for the content or suitability of these third-party Sites. If you decide to visit any of the third-party sites linked to this Site, you do so at your own risk.
- Third Party Content
The Site may allow you to upload, submit, store, send or receive content (which might include such as reviews, comments, and other communications, photos, videos, or any other Content). When you upload, submit, store, send or receive Content to or through this Site, you give Sickboat (and any third parties with whom Sickboat may work) a royalty free worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. You also agree that any Content that you upload, submit, store, send or receive through this Site shall not violate the rights of any other parties or violate law. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Site or any Sickboat products or services, and to develop new ones. This license continues even if you or Sickboat terminates this Terms of Service.
In any case, to allow you and the others who use this Site to be able to enjoy a courteous and respectful environment, Sickboat asks you to promote and respect that courteous and respectful environment in your use of the Site and your communication with the Site and other users. Please observe the common sense rules listed below. If you fail to do so, in Sickboat’s sole discretion, Sickboat may suspend or terminate your use of the Site and any access to it (which may include one or more accounts).
- Do not post, communicate or permit any messages that are obscene, vulgar, sexually-oriented, hateful, offensive, threatening, libelous, slanderous or in any manner unlawful.
- Do not direct a personal insult at or about another user of the Site, at the Site itself, any Sickboat personnel or any other person or organization.
- Do not impersonate or imitate any other person, or misrepresent yourself or your affiliation with any other person or organization.
- More about Product and Services
Sickboat will make available various products and services to you through the Site. Sickboat attempts to be as accurate as possible. However, Sickboat does not warrant that product descriptions or other content of any Sickboat product or service is accurate, complete, reliable, current, or error free.
If a product offered by Sickboat is not as described, your sole remedy is to return it in unused condition.
Sickboat may change, suspend, limit or discontinue any aspect of any or all of its products and services at any time, including but not limited to, any pricing, the availability of one or more features, or other features. Sickboat may do so without prior notice or liability therefor.
Risk of loss. All items purchased from Sickboat or through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, refunds and title
Sickboat’s policies regarding returns and refunds are displayed on the Site. Sickboat reserves the right to change those policies from time to time without notice.
In event of a return, Sickboat does not take title to returned items until the item arrives at our fulfillment center. The items must be returned to Sickboat within 15 days of the date of delivery.
Certain returns are unnecessary. At our discretion, a refund may be issued without requiring a return. In this situation, Sickboat does not take title to the refunded item. Contact Sickboat at firstname.lastname@example.org.
Order Processing and Shipping
All order will be processed and shipped out within 3-5 business days of the order. In the case of a delay due to unusual circumstances, Sickboat will notify the customer within 2 business days from time of the order.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service, the Site or any products or services. All claims arising out of or relating to these Terms of Service, the Site or any products or services will be litigated exclusively in the federal or state courts of Orange County, California, USA, and you and Sickboat consent to personal jurisdiction in those courts.
All notices or communications or other information required hereunder shall be provided to you using the electronic means described in Section 2. Sickboat is only obligated to provide you with notice at your last known email address and will not be responsible for any emails which are misdirected or fail to deliver.
The Terms of Services constitutes the entire understanding and agreement between you and Sickboat with respect to the Site and transactions and relationships contemplated herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein.
No waiver of any provision of this Terms of Service or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
Sickboat shall not be responsible for delays or failures in performance to the extent (but only for the duration) that it hindered in its performance by any act of God, civil commotion, labor dispute, or any other occurrence beyond its reasonable control.
If any provision of this Terms of Service is found invalid or unenforceable pursuant to judicial decree or decision, that portion of this Terms of Service shall be severed and the remainder of these Terms of Service shall remain valid and enforceable according to its terms.
This policy was last updated on April 15, 2016
This Privacy Statement explains the data collection and use practices of the Sickboat web site (the “Site”). By visiting the Site, you are consenting to the information collection and use practices described in this Privacy Statement.
Collection of your Personal Information
We collect information two different ways. We collect the information you provide to us. We also collect the information about the services that you use and how you use them.
Information you provide. You can visit the Site to read information regarding Sickboat and its products, services, and various other topics without revealing any personal information. Sickboat will ask you when it needs information that personally identifies you or allows Sickboat to contact you to provide a service or carry out your request(s). The personal information Sickboat collects may include your name, title, company or organization name, email address, telephone, work or home address, and credit card information. It may collect other information as well. Some of this information may be required before Sickboat will respond to your request or provide you with a product or service.
Information from your visits. The Site will collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you gain access to the Internet; the date and time you visit the Site; the web browser you are using (along with your computer’s operating system); the pages that you view while at the Site and the Internet address of the web site from which you linked directly to the Site and similar or related information. In doing so, Sickboat may employ different devices or techniques, such as pixel tags and cookies. This information is used to improve your user experience, to improve the overall quality of the Site and our services. help improve the Site, improve our marketing efforts, analyze trends, and administer the Site. Sickboat may use third parties to assist it with collecting and analyzing this information.
Use of your Personal Information
The personal information collected on this Site will be used to operate the Site and to provide the information, products and services you may be interested in. In addition we use the personal information to carry out the transactions you have request or authorize. We may use your personal information to provide you with important information about the product or service that you are using, including critical updates and notifications.
- In support of these uses, we may use personal information to provide you with more effective customer service, to improve the Site, or to improve any related products or services.
- We do engage third parties to assist us in the management of the Site, including site hosting, along with other third parties who provide us with other services such as sending information about our products and services. As a result we will provide them with the necessary personal information to accomplish those objectives.
- Sickboat may disclose personal information with outside third parties if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the applicable law, regulation, legal process or enforceable governmental request; (b) protect and defend Sickboat’s rights or property; (c) enforce the Terms of Service or other rights Sickboat may have; or (d) protect against harm to the rights, property or safety of Sickboat, our users or the public as required or permitted by law.
Control of your Personal Information
Except as otherwise described in this Privacy Statement, personal information you provide on the Site will not be shared outside of Sickboat, its affiliates or partners without your permission.
The Site may send out periodic e-mails informing you of technical service or security issues related to a product or service you requested, or confirming you requested a product or service. In some services offered by the Site, contact with the customer is an intrinsic part of the service. You will not be able to choose to unsubscribe to these mailings, as they are considered an essential part of the service(s) you have chosen.
Review your Personal Information/Make Comments
If you would like to review the information about you that we have collected through our website, or to change that information, you can make that request by contacting us electronically at email@example.com. We may require that you verify your identity before we process your request.
If you would like to make a comment to Sickboat, you may do so at firstname.lastname@example.org.
Do Not Track (DNT) browser settings
Some browsers, plug-ins and other mechanisms have the setting for “do not track” or “DNT”. When this Site receives a DNT signal or setting it does not override that setting. You will not be treated differently if you have that setting, however, the website itself may function in a different way.
Security of your Personal Information
Sickboat employs a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
Protection of Children’s Personal Information
The Site is a general audience site and does not knowingly collect any personal information from children.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other web sites you visit.
Hyperlinks to other Web Sites
Hyperlinks to third-party web sites from this Site are provided solely as a convenience to you. We have not reviewed these third-party sites and do not control them. Sickboat does not assume responsibility for any of these sites, their content, or their privacy policies. Sickboat does not endorse or make any representations regarding the collection or use of personal information by these third-party sites. If you decide to visit any of the third-party sites linked to this Site, you do so at your own risk.
This Privacy Statement does not cover the use of information that those third parties themselves may have gathered from you.
No Representation or Warranty
Your confidential use of this Site cannot be guaranteed by FNC. FNC shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of this Site or any information you transmitted to this Site.
Changes to this Statement
We may occasionally update this Privacy Statement. When we do, we will also revise the “last updated” date at the top of the Privacy Statement. For material changes to this Privacy Statement, we will notify you by posting our updated Privacy Statement on the Site and inserting a new “Effective Date.” We encourage you to periodically review this Privacy Statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this Privacy Statement and any updates.