Terms and Conditions
Agreement between User and allaboardnola.com
Welcome to allaboardnola.com. The allaboardnola.com website (the "Site") is comprised of various web pages operated by All Aboard NOLA. allaboardnola.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of allaboardnola.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
allaboardnola.com is an E-Commerce Site.
The All Aboard NOLA website exists to provide information about All Aboard NOLA, a sailboat charter company in New Orleans, Louisiana. The site is currently selling certificates for six service packages that are redeemable as part of the Boat Launch Bonanza. The services available for sale are as follows:
The Plank Walker, $20: A video of an All Aboard NOLA shipmate saying your custom message as they are forced to walk the plank and head into Lake Pontchartrain! All Aboard NOLA reserves the right to refuse to read profanity (other than mild), slurs, or insults to third parties. Hate speech will not be accepted. If your message is rejected, we will gladly provide a full refund.
Set Sail, $60: Admission for one person for an afternoon or sunset cruise* on stunning Lake Pontchartrain aboard the Mai Tai Two! Cruise dates subject to availability. Cruises available starting December 8, 2019. All bookings subject to the weather, safety, and cancellation policies of All Aboard NOLA and all applicable laws.
Fishing Buddy, $200: A dingy ride for up to two passengers for an afternoon of fishing with Captain David. Whether or not you catch anything, he will cook you a delicious fish dinner on the sailboat once you're all back to shore. Cruise dates subject to availability. Cruises available starting December 8, 2019. All bookings subject to the weather, safety, and cancellation policies of All Aboard NOLA and all applicable laws.
All Aboard, $350: Up to 6 passengers get to be the only customers on Mai Tai Two for a beautiful afternoon or sunset cruise on Lake Pontchartrain. Cruise dates subject to availability. Cruises available starting December 8, 2019. All bookings subject to the weather, safety, and cancellation policies of All Aboard NOLA and all applicable laws.
Very Important Passengers, $500: Up to 6 passengers get to be the only customers on Mai Tai Two for a beautiful afternoon or sunset cruise on Lake Pontchartrain. These passengers will also receive exclusive VIP treatment at the All Aboard Launch Party. All bookings subject to the weather, safety, and cancellation policies of All Aboard NOLA and all applicable laws.
Date and location of the All Aboard Launch Party TBD.
The Love Boat, $1,000: Up to four passengers get one night's stay at the Pontchartrain Hotel on the night of your sail, transportation to and from the Mai Tai Two, and a three hour sunset cruise on Lake Pontchartrain. Cruise and hotel stay dates subject to availability. Cruises available starting December 8, 2019. All bookings subject to the weather, safety, and cancellation policies of All Aboard NOLA and all applicable laws. Date and location of the All Aboard Launch Party TBD.
Visiting allaboardnola.com or sending emails to All Aboard NOLA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
All Aboard NOLA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use allaboardnola.com only with permission of a parent or guardian.
Cruises may be cancelled up to 36 hours in advance with a full refund. Weather is variable in New Orleans, and the safety of our passengers is our number one concern. If your cruise is cancelled due to weather (at Captain David's discretion) it will be rescheduled free of charge or a full refund will be offered.
Links to Third Party Sites/Third Party Services
allaboardnola.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of All Aboard NOLA and All Aboard NOLA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. All Aboard NOLA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by All Aboard NOLA of the site or any association with its operators.
Certain services made available via allaboardnola.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the allaboardnola.com domain, you hereby acknowledge and consent that All Aboard NOLA may share such information and data with any third party with whom All Aboard NOLA has a contractual relationship to provide the requested product, service or functionality on behalf of allaboardnola.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of All Aboard NOLA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. All Aboard NOLA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of All Aboard NOLA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of All Aboard NOLA or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by All Aboard NOLA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the All Aboard NOLA Content accessed through allaboardnola.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless All Aboard NOLA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. All Aboard NOLA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with All Aboard NOLA in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and All Aboard NOLA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALL ABOARD NOLA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALL ABOARD NOLA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALL ABOARD NOLA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
All Aboard NOLA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Louisiana and you hereby consent to the exclusive jurisdiction and venue of courts in Louisiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and All Aboard NOLA as a result of this agreement or use of the Site. All Aboard NOLA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of All Aboard NOLA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by All Aboard NOLA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and All Aboard NOLA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and All Aboard NOLA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
All Aboard NOLA reserves the right, in its sole discretion, to change the Terms under which allaboardnola.com is offered. The most current version of the Terms will supersede all previous versions. All Aboard NOLA encourages you to periodically review the Terms to stay informed of our updates.
All Aboard NOLA welcomes your questions or comments regarding the Terms:
All Aboard NOLA
3101 Belfort Avenue, Lower
New Orleans, Louisiana 70119
Effective as of October 04, 2019