Terms and Conditions
This web site is owned and operated by Jeff Vegas. By accessing the TopHatAndSails.com web site at TopHatAndSails.com or www.TopHatAndSails.com (“the Site”) or by otherwise accessing any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as “Content”), you are deemed to have entered into an agreement with Jeff Vegas and TopHatAndSails.com (“the Author”), and to have agreed to be bound by the Terms set out below.
Please read through these Terms carefully. Last updated February 6, 2023
Content and Purpose
Jeff ‘Vegas’ Howard is a USCG Master Captain. To the extent allowed by law, the Content available through the Authors’ Site, is provided “as is” without warranty of any kind, and is for information purposes only. You should be aware that in making this Content available, we accept no liability arising from reliance upon this Content. None of the content herein is to be considered advice. The content is for information and entertainment purposes only.
Intellectual Property
The Author intended not to use any copyrighted or trademarked material for the Content or, if not possible, to indicate the copyright or trademark of the respective object. The Contents of this Site are the property of the Author and its licensors and all information is deemed to be accurate.
Endorsement
The fact that the Site refers to a person, product or organization in no way implies any form of endorsement by us of the products or services provided by that person or organization.
Links and Referrals
The Author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages.
Term and Termination
The Author may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the some or all of the Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies the Author provided in these Terms or by law.
Changes to the Site
The Author reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Content available on the Site at any time and to restrict the use and accessibility of the Site.
Changes to these Terms
The Author may, in its discretion, change these Terms (including those relating to your use of Site and/or the Authors’ Content). When Terms are changed, the Author will notify you by publishing details of those changes by including them in these Terms. If you use the Site after the Author has published the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. The Author is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. The Author is not responsible for the availability of these web sites or their contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by The Author.
Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices
Notices to the Author must be given in writing by letter and sent to Jeff Howard’s last known place of business in Las Vegas, NV (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Las Vegas, Nevada, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings.
Headings in these Terms are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Nevada law. The parties irrevocably agree that the courts of Las Vegas, Nevada shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Nevada courts.
Any featured company logos, or other third party logos are service/trademarks of their respective owners.
Republication or redistribution of content, including by framing or similar means, is expressly prohibited without the prior written consent of the Author.
Terms of Use