CARRIAGE POLICY & LIMITATION OF LIABILITY
*All sales are final. No requests for cancellations, changes, or refunds are 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 to 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 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 to 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 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. 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we provide are complete, accurate, and current, some information may occasionally be inaccurate, incomplete, or out-of-date.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 other than for 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 with these Terms and all applicable local, state, federal, and international laws, rules, and regulations.
Individuals must also 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, can form a binding contract with Harbor Breeze, and will comply with these Terms and all applicable laws 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 solely to allow you to use and enjoy the benefits of the Services as permitted by these Terms and our other policies.
b. What You Grant to Us
At times, we may allow you to create, upload, post, or otherwise share content or other information via our Site. By doing so, you grant us an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sublicensable, 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 information you provide in several ways, including:
Facilitating your experience with our Site or Services
Operating, developing, promoting, and improving the Services
Researching and creating new Services
Any question, comment, suggestion, idea, or feedback (collectively, “Submissions”) you provide is not confidential and becomes our sole property. By providing Submissions, you grant us a worldwide, royalty-free, perpetual, fully sublicensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, and create derivative works.
We may, at our sole discretion, monitor or review Services and remove content at any time if we believe it violates these Terms.
c. Your Behavior
By using the Site or Services, you agree that:
You will not use the Site or Services for any illegal or prohibited purpose.
You will not use automated means (robots, spiders, etc.) to access Services or extract user 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 software source code.
You will not use third-party applications to interact with Services without written consent.
You will not interfere with or disrupt Services or other users’ experience.
You will not overload or impair Service functionality.
You will not post offensive content including pornography, violence, threats, or hate speech.
You will not violate Harbor Breeze or third-party rights.
You will not harass, abuse, defame, stalk, or threaten others.
You will not upload viruses or malicious code.
You will not attempt to bypass content filtering.
You will only access authorized areas of Services.
You will not test Service security or vulnerabilities.
You will not send spam or unsolicited communications.
You will not encourage violations of these Terms.
Any communication or material sent through our Site is considered non-confidential. Personal Information shared publicly may be viewable by others. Please do not share sensitive information unless specifically requested.
5. Ordering Tickets
If you purchase tickets through our Services (a “Transaction”), you may be asked to provide relevant information including:
Name
Payment card information
Billing or shipping address
Harbor Breeze does not collect or process payment card information. Payment data is processed by a third-party ticket vendor.
If tickets are purchased in person or by phone, card details are entered directly into the vendor’s system. Third-party vendors govern their own data processing policies and terms.
You are responsible for complying with all applicable laws related to purchases.
6. Privacy
Your privacy is important. Please review our Privacy Policy to learn how your information is handled when using our Services.
7. Content, Intellectual Property & Others’ Rights
All information, photos, graphics, videos, trademarks, service marks, logos, and other materials (“Content”) provided through the Services are owned or licensed by Harbor Breeze and are for personal, non-commercial use only.
You may not:
Copy
Reproduce
Distribute
Broadcast
Sell
Display
Use Content or trademarks (“Marks”) beyond what is permitted in these Terms
We respect intellectual property rights and prohibit infringement. We may remove content or disclose user identity if rights violations are alleged.
8. Copyright (DMCA)
If you believe copyrighted material is being infringed, submit notice to:
Harbor Breeze
Attn: [DMCA POC]
100 Aquarium Way, Dock #2
Long Beach, CA 90802
Email: harborbreezecruises@gmail.com
Toll Free: (800) 900-8188
DMCA notices must include:
Identification of copyrighted work
Location of infringing material
Contact information
Good-faith statement of unauthorized use
Accuracy statement under penalty of perjury
Authorized signature
9. Email, Data Charges & Mobile Phones
You are responsible for any data or messaging charges from mobile service providers when accessing our Services.
10. Third-Party Services and Links
We may provide links to third-party websites. These links are for convenience only and do not constitute endorsement.
Use of third-party websites is at your own risk and governed by their policies.
11. Processing Payments
Transactions are processed by third-party ticket vendors. Harbor Breeze does not process payments directly. Third-party vendors control payment processing policies and terms.
12. Restriction, Modification & Termination
We may modify or terminate these Terms at any time without notice. Continued use of Services indicates acceptance of updated Terms.
We may also restrict or terminate access to Services for violations of these Terms.
13. Indemnity
You agree to indemnify Harbor Breeze and related entities against claims, damages, or expenses resulting from:
Your use of Services
Content you provide
Violation of Terms
Misconduct or negligence
Third-party rights infringement
14. Disclaimers & Limitation of Liability
Services are provided “AS IS” and “AS AVAILABLE.”
Harbor Breeze disclaims all warranties, including merchantability and fitness for a particular purpose. Harbor Breeze is not liable for direct or indirect damages resulting from Service use.
Maximum liability is limited to $100 USD or the amount paid in the last 12 months, whichever is greater.
15. Preventing Unlawful Activity
We may investigate violations and report suspected unlawful activity to law enforcement, including disclosure of relevant user information.
16. Responding to Lawful Disclosure Requests
We may disclose Personal Information when legally required by court order, subpoena, or other lawful processes.
17. Choice of Law & Jurisdiction
These Terms are governed by U.S. federal law and California state law. Disputes will be handled in courts located in Los Angeles County, California.
18. Severability
If any part of these Terms is deemed unenforceable, the remaining provisions remain valid.
19. Complete Terms
These Terms and referenced documents constitute the full agreement between you and Harbor Breeze. Rights not expressly granted are reserved.
20. Contact Us
Harbor Breeze
100 Aquarium Way, Dock #2
Long Beach, CA 90802
Email: harborbreezecruises@gmail.com
Toll Free: (800) 900-8188
Effective Date: January 4, 2019