Terms & Conditions
Harbor Breeze Cruises Terms
Harbor Breeze Terms of Service
*All sales are final. No request for cancellations, changes or refunds is accepted.
*Harbor Breeze may at its discretion substitute vessels with or without notice.
*Marine mammal sightings are not guaranteed.
1. Acceptance of Terms
At Harbor Breeze Corporation, its subsidiaries and related entities (“Harbor Breeze, “we,” “our” or “us”), our goal is provide our users and visitors with a great whale watching experience in the Los Angeles, California region. We’re thrilled that you chose to use our websites (“Site” or “Sites”) and any of our other services we provide you in relation to the whale-watching tours we offer in the Los Angeles, Long Beach, and San Pedro, California, areas (collectively, “Services”).
We’ve drafted these Terms of Service (“Terms”) to tell you how you may use our Site and our Services, and inform you of the rules that govern your use of our Services. Please read these Terms carefully before you access our Site, or use any of our other Services. If you do not agree with these Terms, please do not use our Site or Services.
2. Description of Services
We provide our Site and Services to its users to enhance their whale watching experience.
Please note that all features, content, specifications of our Site or Services, and any prices described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any given time.
While we strive to ensure that our Services and all other information we provide is complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Site or Services. We also do not make any representations or warranties regarding the quality or safety of any products or Services, or third party products or services offered or made available.
3. Who Can Use Our Services
Our Site is not intended for or directed to anyone under 18 years of age. Therefore, no one under 18 years of age is allowed to use our Site for other than general information purposes. We do not knowingly collect or accept any personal information or other data from anyone under 18 years of age. If you are under 18 years of age, do not provide us any information – including Personal Information – about yourself. By using our Site you attest that you will comply these Terms and all applicable local, state, federal, and international laws, rules, and regulations.
In addition, individuals must be over 18 years old to purchase tickets from Harbor Breeze. By purchasing tickets for our tours, you attest that you are over 18 years of age, you can form a binding contract with Harbor Breeze, and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations.
4. Your Use of Our Services
a. What We Grant To You
Harbor Breeze grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you, the user, use and enjoy the benefits of the Services in a way allowed by these Terms and our other policies.
b. What You Grant to Us
At times, we may allow you may create, upload, post, or otherwise share content or other information via our Site. In doing so, you grant us an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content or other information you provide. We may use any content or other information that you provide in a number of ways, including but not limited to facilitating your experience with our Site or Services, and for operating, developing, providing, promoting, and improving the Services, as well as for researching and creating new Services.
In addition, you understand that any question, comment, suggestion, idea, or feedback (collectively, “Submissions”) you provide is not confidential, and becomes our sole property. If you provide feedback, suggestions, or any other Submission, including but not limited to business ideas and original works, you are granting us a worldwide, royalty-free, perpetual, fully sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such submissions. This means we can use the ideas you provide us without compensating you.
Though we are not required to do so, we may, in our sole discretion, monitor or review the Services, and access, review, screen, remove, and delete content at any time and for any reason, including if we believe that content violates these Terms.
c. Your Behavior
By using the Site or Services, you agree that:
• You will not use the Site or any Services for any purpose that is illegal or otherwise prohibited in these Terms.
• You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract other users’ information.
• You will not copy, modify, distribute, sell, or lease any part of our Site or Services.
• You will not reverse engineer or attempt to extract the source code of the software.
• You will not use or develop any third-party applications to interact with the Site or Services or other users’ content or information, unless you have our written consent.
• You will not use the Site or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users in fully using the Services, or our ability to maintain our Services.
• You will not use the Site or any Services in a way that could damage, overburden, or impair the functioning of the Services.
• You will not post content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
• You will not use the Services in any way that violates Harbor Breeze’s rights or those of any third party.
• You will not use the Services to harass, abuse, defame, stalk, or threaten others, including other users.
• You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
• You will not attempt to circumvent any content-filters or content-filtering techniques used by Harbor Breeze.
• You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
• You will not probe, scan, or test the security or vulnerability of our Services, including any of our systems or networks.
• You will not send unsolicited or spam emails to other users or to us.
• You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.
There may be times when we ask you for your Personal Information in order to facilitate certain Services – for instance, when you make a purchase or contact us requesting technical assistance with your account, we may ask for your contact information so that we can contact you further if needed. When communicating with us, please do not share your Personal Information unless we specifically request it.
5. Ordering Tickets
As we mentioned above, our goal is to provide you a great whale watching experience. If you choose to purchase tickets for our tours that we made available to you through the Services (a “Transaction”), you may be asked to supply certain information relevant to your Transaction. Such information may include your name, your payment card information, and your billing and your shipping address, among others.
Please note that Harbor Breeze does not collect or process payment card information related to any Transactions via the Site. Instead, such information related to Transactions are collected and processed by a third-party payment service provider (aka, a “ticket vendor”). If you buy tour tickets from us in-person or over the phone, we do not collect or maintain your payment card information; instead, we input your payment card information directly into the ticket vendor’s payment site for processing.
You are responsible for obeying all applicable local, state, federal, and international laws regarding any Services you purchase from us.
7. Content, Intellectual Property & Others’ Rights
The information, photos, text, graphics, videos, tools, images, and all other content and materials (“Content”) provided by or made available through the Services is owned or licensed by Harbor Breeze, and is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms.
We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Services that violates those rights. Some of the content available through our Services comes from third parties. All other content, trademarks and copyrights that appear through our Services are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Site or Services.
We also have the right to disclose your identity to any third party who is claiming that any content provided by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content provided by you. If users are allowed to post content to our Site, we have the right to remove any posting you or other users make on our Site in our sole discretion. The views expressed by other users on our site do not represent our views or values.
As we said above, we respect intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Additionally, we respect copyright law. Under the U.S. Digital Millennium Copyright Act (“DMCA”) copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Services infringe on your copyright, please provide notice to our designated agent at:
Attn: [DMCA POC]
100 Aquarium Way, Dock #2
Long Beach, CA, 90802
Toll free: (800) 900-8188
Any DMCA notice filed with our designated agent must contain the following:
1. Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work’s title, author, URL, or other information.
2. Sufficient information allowing us to identify and locate the allegedly infringing material.
3. Your contact information, including your address, telephone number, and email address, so that we may contact you.
4. A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in your notification if accurate and that you are authorized to act on behalf of the copyright owner.
6. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your rights.
9. Email, Data Charges & Mobile Phones
You can access our Site from mobile phones and devices. Please note you are responsible for any text-messaging, data charges, and other fees and charges that you may incur from your mobile service provider by using our Services on your mobile phone or device. Please talk to your mobile service provider before using our Services if you have questions about possible charges you may incur.
10. Third Party Services and Links
We may provide links to third party websites that may be of interest to you. We are not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links, if provided, are made available solely as a convenience to you and should not be considered an endorsement by us of these websites or of the companies who own them. Each linked entity has its own privacy policies, terms and conditions, and other policies that govern your use of their website and services. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, we make no representation as to the accuracy or any other aspect of the information contained at such outside sites.
11. Processing Payments
As stated above, Harbor Breeze does not process any Transactions. Harbor Breeze uses a third-party ticket vendor (“Ticket Vendor”) to process payments related to certain Transactions. All such Transactions are subject to the Ticket Vendor’s relevant terms and policies, which the Ticket Vendor may modify from time to time and at its sole discretion.
Additionally, Harbor Breeze may provide links on the Site related to third-party companies that may be of interest to you. Any transactions for goods, products, or services made with a third-party company whose website may be linked to from our Site are not processed by Harbor Breeze. Transactions with third-party companies may be processed by the third-party company itself, or by another payment service provider selected by the third-party vendor to process payments on its behalf. As mentioned above, any information that you provide to a third party while utilizing their website or service – including the third-party company or the payment service provider selected by the third-party company related to processing your transactions – will be governed by that third party’s policies and terms.
12. Restriction, Modification, & Termination
We reserve the right to change, modify, terminate, or otherwise alter these Terms at any time at our sole discretion and without notice. Such modifications shall become effective immediately upon posting of the updated Terms. You must review these Terms on a regular basis to keep yourself apprised of any changes. Harbor Breeze may terminate these Terms, with or without cause, at any time, without notice, and without penalty, and Harbor Breeze shall not be liable to you or any third party for any modification, termination, or alteration of these Terms. The following provisions shall survive any termination: Your Use of Our Services — What you Grant Us; Disclaimers; Limitation of Liability; Indemnity; Choice Law and Jurisdiction; Severability; and Complete Terms.
We may also, in our sole discretion, terminate or restrict your use or access to our Site or Services (or any part thereof), for any reason, including, without limitation, that Harbor Breeze believes you have violated or acted inconsistently with the letter or spirit of these Terms or other provisions, conditions, or policies of the Services.
You agree to indemnify, defend, and hold Harbor Breeze, its, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Services; (b) any content you provide; (c) your breach of these Terms or the documents it incorporates by reference; (d) your negligence or misconduct; or (e) a claim that your use of any Services infringes the copyright, trademark, trade secret, patent or other rights of a third party. Harbor Breeze may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
14. Disclaimers & Limitations of Liability
THIS SERVICES AND MATERIALS CONTAINED ON THE SITE AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HARBOR BREEZE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES AND MATERIALS CONTAINED ON THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL HARBOR BREEZE BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF HARBOR BREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
HARBOR BREEZE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. HARBOR BREEZE IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THERE MAY BE DELAYS, ERRORS, DEFECTS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. HARBOR BREEZE IS NOT RESPONSIBLE FOR THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, THE CONTENT OF THE SERVICES, OR OTHER ANY OTHER WEBSITE THAT MAY BE LINKED TO ON THROUGH THE SERVICES.
We reserve the right to correct any errors or omissions in the Services. Although we take reasonable steps to prevent the introduction of viruses, worms, Trojans or other malicious software (“malware”) or other destructive materials to the Site, Harbor Breeze does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such contaminating or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of the Site is at your own risk and that Harbor Breeze is not liable for any damages or harm to your device or loss of data.
IN NO EVENT SHALL HARBOR BREEZE, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF HARBOR BREEZE HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO HARBOR BREEZE´S SERVICES, THE USE OR THE INABILITY TO USE THE SERVICES, AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, EVEN IF HARBOR BREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF HARBOR BREEZE OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain jurisdictions may not allow limitations on implied warranties or the exclusion or limitation of liability for certain damages. As such, these limitations and exclusions apply to the maximum extent permitted by law. In no event will Harbor Breeze’s aggregate liability for any and all claims related to the Services exceed $100.00 US or the amount you paid to Harbor Breeze, if any, in the last 12 months, whichever is greater.
We take no responsibility and assume no liability for any content provided by you, another user, or third party through our Services. Harbor Breeze is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.
15. Preventing Unlawful Activity
We reserve the right to investigate complaints or reported violations of the Terms of Service and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct.
When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
16. Responding to Lawful Disclosure Requests
We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial body, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.
17. Choice of Law & Jurisdiction
These Terms are governed by and construed under the laws of the United States of America, and the State of California, without regard to conflict of laws principles, except where preempted by U.S. federal law.
To the extent that arbitration is not required by these Terms, and to the extent these Terms otherwise permit you or Harbor Breeze to initiate litigation, any claims or disputes arising out of or relating to these Terms are also governed and construed by the laws of the United States of America, and the State of California. All disputes arising out of or related to these Terms and the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
19. Complete Terms
Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Harbor Breeze. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.
20. Contact Us
If you have any questions regarding these Terms or our practices, you can contact us at:
100 Aquarium Way, Dock #2
Long Beach, CA, 90802
Toll free: (800) 900-8188
Effective Date: January 4, 2019