By using the website, you agree to be bound by these terms and conditions. Please read them carefully. The website is owned and operated by Discovery Bay Yacht Club, Discovery Bay, California, 94505, a California Corporation.

LICENSE AND WEBSITE ACCESS

We grant you a limited, revocable license to access and make personal use of the website as our customer.  However, you are not permitted to:

• Reproduce, duplicate, download, copy, sell or otherwise exploit the website, membership data, any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any personal or commercial purpose, except as expressly provided;
• Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet 'search engines', hit counters or similar technology);
• Use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
• Engage in any activity that interferes with the website or another user’s ability to use the website;
• Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
• Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

COPYRIGHT

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

TRADEMARKS

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Discovery Bay Yacht Club that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

COPYRIGHT AND TRADEMARK COMPLIANCE AND COMPLAINTS

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.

LIMITATION OF LIABILITY

We do not accept responsibility that the website, its servers, or email sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

APPLICABLE LAW

By visiting the website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us relating to the use of this website. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Contra Costa County, California, and you consent to exclusive jurisdiction and venue in such court.

SUBJECT TO CHANGE WITHOUT NOTICE AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Discovery Bay Yacht Club has the right to change this policy at its sole discretion at any time.

PRIVACY POLICY

This Privacy Policy (the “Privacy Policy”) tells you that Discovery Bay Yacht Club uses personal information collected on our web site, www.dbyc.com (the “Site”). Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be considered a “User.” By using the Site, each User consents to the collection, use, and disclosure of personally identifiable User information (“Information”) pursuant to the terms set forth below.

COLLECTION OF INFORMATION

We collect Information including names, email addresses and other information required to initiate and complete correspondence and transactions using services or programs available on our Site (including providing requested information and marketing communications), and any other information voluntarily submitted by our Users. We may also collect and store anonymous information relating to Users’ browsing patterns, including for example, the User’s browser version, Site referral information, IP address, operating system and other technical Site use information. When required, we may disclose specific Information upon governmental request, in response to a court order, or when required by law to do so. We may also share Information with companies assisting in fraud protection or investigation.

COOKIES

We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain any Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. A cookie cannot read data off your hard disk or read cookie files created by other sites. Discovery Bay Yacht Club may uses cookies to track user traffic patterns to the Site, and for session authentication.

DATA SECURITY

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Information we collect online. Only authorized employees, agents and contractors (who have agreed to keep Information secure and confidential) will have access to this Information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be secure. As a result, we cannot guarantee or warrant the security of any Information you transmit to or from our Site, and you do so at your own risk. We make no representations or warranties with regard to the sufficiency of our security measures. We expressly disclaim any liability for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy.

CHILDREN’S PRIVACY

This Site is not directed toward individuals under 13 years of age and we do not knowingly collect personal Information from anyone under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any personal Information on this Site. We ask that parents supervise their children while online.

CHANGES TO OUR PRIVACY POLICY

As the Site evolves, we may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised Privacy Policy here. If we make a significant or material change in the way we use your personal information, registered users of the Site will be notified via email. Please note that our rights to use your Information will be based on the Privacy Policy in effect at the time the Information is used.

PRIVACY CONTACT INFORMATION

If you have any questions, concerns, or comments about our Privacy Policy you may contact us using the information below:

By e-mail: webmaster@dbyc.com - or -
By mail: Discovery Bay Yacht Club, 5871 Marina Blvd, Discovery Bay, CA  94505