Last Updated March 28, 2022
- Personal Information
- Identifiers (e.g., name, email, telephone number, address, username);
- Sensitive Personal Information (e.g., precise geolocation; race/ethnic origin; religious beliefs; contents messages when we are not the recipient);
- Legally protected information (e.g., race, citizenship, marital status, sex);
- Employment-related information (e.g. current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
- Biometrics (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;
- Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes;
- Commercial information (e.g., products/services purchased, obtained, or considered); and
- Internet or other similar activity (e.g., browsing history; content interactions).
Information that is not protected as Personal Information includes publicly available information; aggregated information (meaning data summaries or reports with the Personal Information removed); or de-identified information that cannot be easily linked back to the individual.
- Children’s Privacy
Our Services are not directed to children under 18. We do not knowingly collect Personal Information from children under 18. If we learn we have collected or received Personal Information from a child under 18, we will delete that information. Please contact us at [email protected] if you believe we have received information from a child under 18 or any unauthorized information.
- Categories and Sources of Personal Information Collected
Adrift may collect Personal Information (a) with your consent; (b) if we have a legitimate interest in doing so; or (c) as authorized or required by law. We only collect, use, retain, and disclose Personal Information as reasonably necessary and proportionate to provide our Services or for other purposes that we disclose to you and are compatible with the context of how we collected your Personal Information. During the preceding 12 months, we have collected Personal Information in the categories of identifiers, commercial information, and internet or similar activity. We collect this information from the following sources:
- Directly from you when you use our Services, with your consent. You provide Adrift with your Personal Information when you make a reservation with Adrift, fill out one of our forms, sign up to receive our emails, or communicate with us by email, phone or otherwise. In each case, we will collect identifiers like your name, email address, birthdate, phone number, and mailing address to the extent necessary to provide you with the requested Services. If you create an account with us, we will collect your email address and a password and issue a member number to you. You can also choose to provide commercial information and other Personal Information to complete your account profile or make requests related to a reservation. We collect this information with your consent, and we use it to book and manage your reservation, provide you with other Services you have requested, and to communicate with you according to your preferences.
- Indirectly from your use of our Services, with a legitimate interest. We automatically collect technical data about your use of our Services. For example, we may collect data about your (i) browsing history; (ii) device information (e.g., IP address, browser type, device ID); (iii) content interactions; (iv) generalized geolocation; or (v) web traffic data to understand how users access the Services and to troubleshoot technical issues. We use this data to analyze interactions with our Site and to serve you ads on the Site and on social media platforms. We collect and process this information to achieve our legitimate interests of providing and improving our Site and marketing our Services according to your stated preferences.
If you do not want us to collect or use your Personal Information in this manner, you can adjust your device settings or install a third-party plugin to prevent cookies, tags, and pixels from interacting with your device or collecting your Personal Information.
- Retention of Personal Information
Adrift retains Personal Information only as long as necessary to provide you with the Services you request. Personal Information associated with your Adrift account is retained as long as your account remains active or until you choose to delete it. We retain Personal Information associated with your reservations indefinitely. Data collected via cookies, tags, and pixels may retained for up to 26 months. Adrift may retain data, including Personal Information, for longer periods if it is critical to our business and securely stores that retained data.
- Disclosing Personal Information
Adrift will only disclose Personal Information to the third parties as described in this section, with your permission, or as required by law. In the preceding 12 months, we have disclosed identifiers, commercial information, inferences and internet or similar activity to third-party recipients for a business purpose. We may disclose this information to the following recipients:
- Service Providers. Adrift uses third-party service providers like booking platforms, payment processors, email and data hosting services, and analytics services that may have access to your Personal Information to perform their contractual obligations to us. The type of information that we disclose to a service provider will depend on the service that they provide to us. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.
- Cookie Data Recipients. Adrift permits Google and certain social media platforms to place cookies, pixels, and related technologies on your browser subject to your device settings. These technologies capture data that is transmitted back to the trusted third party so Adrift can market to you on corresponding social media channels and other platforms. You can opt-out of our use of your Personal Information in this manner by updating your device settings to control how these technologies interact with your browser.
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries in accordance with applicable privacy laws.
- Other Third Parties, as permitted by applicable law. For example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
- Law enforcement, and other governmental agencies, at our sole discretion in connection with an investigation of any matter that is illegal or that could expose Adrift or our affiliates or subsidiaries to liability.
- Aggregated and De-Identified Information. Adrift reserves the right to disclose aggregated, anonymized, or de-identified information about any individuals with non-affiliated entities for research, product development, marketing, or other purposes, without restriction.
- Your Privacy Rights
- Controlling Your Personal Information. Adrift provides you a variety of methods and options to exercise controls over your Personal Information, such as:
- Your Adrift Account. You can review, update, correct or delete the Personal Information associated with your Adrift account at any time by logging into your account and saving your changes. If you require assistance, please contact [email protected].
- Marketing. Adrift sends marketing communications to you by email according to your stated preferences and in compliance with applicable law. You may opt-out of our marketing messages at any time by updating your account preferences, clicking the “Unsubscribe” button contained in our emails or by sending an email [email protected] with a request.
- Device Settings. You can control the data we collect through automated means by adjusting your device settings, such as blocking pop-up ads or cookies, or by installing a third-party plugin to control how cookies interact with your device.
- Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests, but you may disable certain tracking via your device settings.
- Your Rights Under Privacy Laws
This section offers courtesy notifications under various privacy laws, such as the European Union’s General Data Protection Regulations (“GDPR”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), the California Consumer Privacy Act of 2018 (“CCPA”) and other U.S. state privacy laws and required notices to Nevada Residents regarding “sale” of personal data. Some or all of the privacy rights listed below may be available to you depending on where you reside and whether a given law governs Adrift’s business practices. NOTE THAT ADRIFT IS NOT CURRENTLY GOVERNED BY THE CCPA AND IS EXEMPT FROM CERTAIN OTHER US PRIVACY LAWS. Please contact us at [email protected]y.com if you have questions about the specific privacy rights to which you are entitled.
- Right to access your Personal Information. You can request to access your Personal Information. Upon request, we will provide you with a copy of your Personal Information, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example in order to protect the rights of other individuals. If you are a resident of the State of California, your request is limited to specific pieces of Personal Information we have collected about you over the past 12 months, and we only have to respond to two such requests within a 12-month period.
- Right to accuracy, and the right to correct your Personal Information. If you become aware that the Personal Information that we hold about you is incorrect, or if your situation changes (e.g., change of address), please inform us and we will update our records.
- Right to data portability. In some cases, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
- Right to deletion or erasure (a.k.a. the “right to be forgotten”). Upon your request, and in certain circumstances and where we are required to do so by law, we are required to delete your Personal Information. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Information.
- Right to restrict processing of your Personal Information. You may have the right to request that we restrict the processing of your Personal Information if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Information, or (iv) you exercise your right to object. Your right to restrict may be limited to Personal Information that is sensitive in nature, or that is sold or shared for certain purposes.
- Right to object to certain processing of your Personal Information. You may have the right to request, under certain circumstances and where we are required to do so by law, that we will limit our processing of your Personal Information as you request.
- Right to Opt-Out of Sharing Personal Information. Adrift may share your Personal Information with third parties for cross-contextual behavioral advertising purposes using cookies and related technologies. To opt-out of this sharing, you may adjust your device settings to block cookies or install a third-party plugin to control how cookies interact with your device.
- Right to nondiscrimination. We will not discriminate against you for exercising any of your privacy rights. If you are a resident of the State of California, we will not (i) deny you goods or services, (ii) charge you different prices or rates for goods or services, (iii) provide you a different level or quality of goods or services, (iv) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised your statutory right unless permitted by law.
- Right to disclosure of certain information about our collection and use of your Personal Information over the past 12 months. If you are a resident of the State of California, you may request that we disclose (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business purpose for collecting or selling that Personal Information; and (iv) the categories of third parties with whom we disclose that Personal Information. Additionally, if a business sells or shares Personal Information, the consumer may request two separate lists stating (a) sales, identifying the Personal Information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Adrift is only required to respond to two disclosure requests within a 12-month period.
- Right to disclosure of marketing information. If you are a resident of the State of California, note that California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California Consumers to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.
You can exercise your privacy rights to the extent they apply to you based on where you reside by sending a request to [email protected], subject to any exceptions and limitations that may apply. If you are a resident in the European Economic Area and you believe we are unlawfully processing your Personal Information, you may also have the right to complain to your local data protection supervisory authority. If you are a resident in Switzerland, you may have the right to complain to the Swiss data protection authorities.
- Submitting Privacy Requests
If you wish to exercise your rights under your applicable privacy laws beyond the methods described above, or if you want to express concerns, lodge a complaint, or request information, please send a verifiable request to [email protected]. We will verify your request, including the scope of your request under applicable laws, and respond within the legally required timeline. If we need more time to fulfill your request, we will notify you in writing of the reason and extension period. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so, such as requests that are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
- International Data Transfers
Adrift is owned and operated in the United States and provides onsite hospitality services at our properties located in the United States. If you visit the Site or contact Adrift from outside of the United States, Personal Information we collect about you may be transferred out of your country of origin to our servers located in the United States or, in some cases, elsewhere in the world. Adrift is committed to using lawful data transfer mechanisms for all cross-border transfers of Personal Information. Nevertheless, when your information is moved from your home country to another country, the laws and rules that protect your Personal Information in the country to which your information is transferred may be different from those in the country in which you live. For example, if your information is in the US, it may be accessed by government authorities in accordance with US law. By submitting your Personal Information to us, you consent to the transfer and processing of your Personal Information as described in this paragraph. We do not warrant that our Services are appropriate or authorized for use in any other jurisdictions. You are solely responsible for determining whether your use of our Services complies with applicable laws.
- Data Security
Adrift employs reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure. Adrift uses secure cloud servers to process and store all data, including your Personal Information. Access to Personal Information is limited to employees and contractors as needed to perform their job functions. We also ensure that our employees, contractors, and agents responsible for handling privacy inquiries are informed of applicable legal requirements and we restrict access to those who need that information to process it.
However, no transmission of data over the Internet is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. You are responsible for maintaining the confidentiality of your account username and password. We encourage you to protect against unauthorized access to your account and device by choosing a robust password and signing off after each session. Adrift is not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized activity.
- Third-party Platforms and Social Media
Adrift may provide links to or allow you to link your Adrift account to third-party social media, websites, or platforms. These features are offered as a convenience only, and Adrift is not responsible for and has no ability to control the privacy and data collection, use, and disclosure practices of any third party. When you click on links that take you to external websites or platforms, you will be subject to their privacy policies and practices and not ours. Adrift encourages you to review and understand the privacy policies of such websites or platforms before submitting any information.
Last Updated March 28, 2022
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND ADRIFT.
If you have any questions about these Terms or the Services, please contact Adrift at [email protected].
You accept these Terms by clicking to accept or agree to the Terms where this option is made available on the Services, in any agreement or electronic form, or by simply using our Services. You must agree to be unconditionally bound by these Terms to use our Services, and you must be of legal age and capacity to form a binding contract to accept these Terms. If you do not agree with any of these Terms, do not access or use the Platform. These Terms will remain in effect as long as you use the Services.
- Acceptable Use
- Contents and Ownership
Unless otherwise expressly indicated, the information contained on the Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing on the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on the Services, are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Adrift (collectively, the “Contents”). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions.
As a user of the Services, you have a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Services solely for your own personal or internal business use. Except for the express licenses granted herein, Adrift does not grant you any right, title, or interest in the Contents. You agree to take such actions as Adrift may reasonably request to perfect Adrift’s rights to the Contents. Without limiting the generality of the foregoing, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of Adrift. Only a duly authorized officer of Adrift may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of Adrift is invalid.
Adrift’s registered and unregistered trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of Adrift. You may not use any meta tags or any other hidden text utilizing an Adrift name, trademark, or product name without Adrift’s prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. Adrift and the other licensors of the marks on the Services reserve all rights with respect to all Contents and all intellectual property.
- Use Restrictions
Accessing the Services does not authorize you to use the Services or any Contents in any manner other than specifically authorized by these Terms. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might disparage Adrift. The permissions described herein will terminate automatically if you breach any of these Terms. Any other use of the Contents (such as reproduction for purposes other than expressly permitted herein) without the prior written permission of Adrift is strictly prohibited.
You are strictly prohibited from violating or trying to violate the security features of the Services, such as by: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available on the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You may provide Adrift with certain communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You hereby grant to Adrift all rights, titles and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
- Notification of Infringement
It is Adrift’s policy to respond to clear notices of alleged copyright infringement. This section explains the information that must be included in these notices and is designed to confirm with the provisions of the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA compliant notice, Adrift will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice to our Designated Copyright Agent at [email protected] with the following information in writing (you should speak with your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Adrift Site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Adrift to locate the material.
- Information reasonably sufficient to permit Adrift to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Adrift may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
- Third Party Services
Links between the Services and third-party websites, platforms, and other services (“Third-Party Services”) are provided solely for your convenience. Adrift is not responsible for the content of any Third-Party Services, nor do we make any representations about the content or accuracy of material on any Third-Party Services. Inclusion of any Third-Party Services on our Services does not imply Adrift’s approval or endorsement of such Third-Party Service. If you click through to a Third-Party Service, you do so at your own risk and you will be subject to the Third-Party Service’s privacy policies and practices and not ours. Any concerns regarding any such Third-Party Service, or any hyperlink thereto, should be directed to the Third-Party Service’s owner or operator.
- Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ADRIFT MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADRIFT DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY ADRIFT SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY ADRIFT EXPRESSLY CREATING SUCH WARRANTY.
YOU AGREE TO INDEMNIFY AND HOLD ADRIFT, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS, (B) YOUR BREACH OF THESE TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS.
- Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADRIFT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF ADRIFT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ADRIFT BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO ADRIFT DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT ADRIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Class Action Waiver
YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST ADRIFT RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST ADRIFT OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS.
- Arbitration Agreement
Please read this section carefully. This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and Adrift arising out of or relating to: (a) these Terms or the breach thereof, or (b) your access to or use of the Services, or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by a binding arbitration administered by the Judicial Arbitration and Mediation Service (“JAMS”), or its successor. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration and will be held exclusively in Pacific County, State of Washington, USA. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this section may be enforced by any Court of competent jurisdiction, and the prevailing party shall be entitled to an award of all costs, fees, and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered. Any and all issues shall be governed by the internal laws of the State of Washington. Each party hereby consents to service of process by certified mail.
- Governing Law
NOTWITHSTANDING THE ARBITRATION AGREEMENT, IF ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU HEREBY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN PACIFIC COUNTY, WASHINGTON, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS.
- Consent to Do Business Electronically
By accessing our Site, registering with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (a) Adrift communicating with you electronically; (b) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from Adrift electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Services and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at [email protected]. Agreements and transactions executed prior to this request will remain valid and enforceable.
Adrift controls and operates the Services from its offices within the United States. If you choose to access the Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. You acknowledge that you may not be able to access all or some of the Services outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from Adrift. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. Adrift’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. If any provision of these Terms is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or shall be severed from the document if, and solely, to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Adrift as a result of these Terms or your use of the Services.
- Changes to These Terms
Adrift reserves the right to amend these Terms from time to time by updating this posting without other notice to you. All changes are effective immediately when posted. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.