TERMS & CONDITIONS
Acceptance of Terms and Conditions
These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of www.41north.com. By using this web site (“Web Site”) you are indicating that you agree to and understand these Terms of Use and have read and understand our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Web Site and exit now. Throughout these Terms of Use, the words “we,” “us,” “our,” and “Forty 1° North” refer to Forty 1° North, LLC and its parent, subsidiaries, and affiliates collectively. We may revise these Terms of Use at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check these Terms of Use periodically for any changes. Your continued use of this Web Site following the posting of any revisions to these Terms of Use will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Web Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms of Use.
Copyright, Trademark and Other Intellectual Property Protection
Except as otherwise indicated, this Web Site and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, and animation) are owned by us and are protected by domestic and international copyright, trademark, patent, and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, presentation of all materials and the overall design of this Web Site are ©2008 Forty 1° North. All rights reserved. We hereby give you permission to download and print materials from this Web Site for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this Web Site, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material on this Web Site, including without limitation our enrollment system for guest programs (“Guest Program Enrollment System”). Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
Notice
All trademarks, service marks, and trade names are proprietary to us or other respective owners that have granted us the right and license to use their marks.
Indemnification
By accessing our Web Site, you agree to indemnify us and any parent, subsidiary or affiliated entities, our directors, officers, employees, agents and consultants, and the directors, officers, employees, agents and consultants of any parent, subsidiary, or affiliated entities and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of our Web site or your violation of any term of these Terms of Use.
Disclaimer
The materials and services on our Web site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that our Web site, server(s), or advertised or hyperlinked sites will be accessible at all times. We do not warrant or make any representations regarding the use or the results of our Web site or any information contained therein with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access this Web site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you. Documents, information, graphics and other materials appearing at our Web Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information and use of such documents, information, graphics or other materials is at your own risk.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, Forty 1° North shall not be liable for any damages (including, but not limited to, direct, indirect, incidental, special or consequential damages), whether based on warranty, contract, tort, or any other legal theory, including, but not limited to, damages for loss of data or other damage to any other intangible property, even if Forty 1° North has been advised of the possibility of such damages, resulting from: (i) the use or inability to use this Web site or the Guest Program Enrollment System, (ii) the disclosure of, unauthorized access to or alteration of any transmission or data, (iii) the statements or conduct of any third party or (iv) any other matter relating to Forty 1° North.
Links to Other Web Sites and Services
To the extent that our Web Site contains links to other web sites and outside services and resources, we do not control the availability and content of those web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other web sites. Viewing other web sites or utilizing outside services and resources is done at your own risk. Accordingly, we encourage you to be aware when you leave our Web site and to read the terms and conditions and privacy policy of each third-party web site that you visit. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.
Other Restrictions on Conduct
You must provide true and accurate information to our Web Site and the Guest Program Enrollment System. You are prohibited from misrepresenting your information or tampering with the Guest Program Enrollment System or our Web site. You agree not to disrupt, modify or interfere with the functioning of our Web Site or any services provided on or through it. You further agree not to disrupt, modify or interfere with in any way any software, hardware or servers associated with our Web site, and you agree not to impede or interfere with others’ use of our Web Site. You also agree not to alter or tamper with any information or materials on, or associated with, our Web Site or services provided on or through it.
Choice of Law and Forum
These Terms of Use are governed by the laws of the State of Rhode Island. You hereby agree to submit to the exclusive jurisdiction of the courts of the State of Rhode Island. Any claim or dispute between you and Forty 1° North that arises in whole or in part from your use of the Web site shall be decided exclusively by a federal or state court of competent jurisdiction located in the State of Rhode Island. Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to the provisions of these Terms of Use.
Severability and Enforceability
If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.
Termination/Exclusion
We reserve the right, in our sole discretion, to revoke any and all privileges associated with accessing and/or using our Web Site, and to take any other action we deem appropriate, including but not limited to terminating or suspending your use of the Web Site, for no reason or any reason whatsoever, including improper use of this Web Site or failure to comply with these Terms of Use.
General
We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time. You acknowledge and agree that any questions, feedback, comments, suggestions, ideas or other information provided by you to Forty 1° North shall become the sole property of us, with no obligation of confidentiality. Forty 1° North shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you. If you have any questions regarding these Terms of Use, contact us at guestservices@41north.com.
Collection and Use of Data
Your privacy is important to Forty 1° North. We at times collect, retain and utilize Data about you to operate our business and to make our products, services and other opportunities available. The term “Data” means personally identifiable information that Forty 1° North obtains about you, including your name, telephone number, physical address and email address. We recognize and respect your privacy concerns about this information. We obtain Data in a variety of ways (for example, directly from you in applications, from your transactions or experiences with Forty 1° North, or its affiliates, and from other third parties). Also, when you visit the Website, we collect information that does not identify you to measure the use of the Website and to improve the content of the Website, as described below.
Log Files
As is true of most websites, Forty 1° North may gather certain information automatically and store it in log files. This information, which does not identify you, includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may use this information to track user habits and improve the functionality of the Website as a result of our observations.
Disclosure of Information
We may share or transfer your Data as directed to do so by you. We may transfer Data to third party vendors who act for us for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party vendor may have access to your Data in order to support our information technology or help compile and manage the data. We also disclose Data about you as permitted by law (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation). We may, in our sole discretion, share or transfer your Data where permitted or required by law, to comply with legal process, to protect the security or integrity of its databases or the Website, to protect our business or reputation, to take precautions against legal liability, in the event of a business transition (see below), to protect and defend our rights or property, for required institutional risk control, or for resolving disputes, inquiries or complaints with respect to your use of the Website.
Maintenance of Accurate Information
We have established procedures to correct inaccurate information in a timely manner. If you have any reason to believe that Data about you that is stored and maintained by us is incorrect, please contact us by email at: guestservices@41north.com.
Protection of Information
We strive to maintain the reliability, accuracy, completeness and currency of your Data in our databases and to protect the privacy and security of our databases and the data we collect. Any Data that you provide to us will be stored on our computer network servers.
Business Transitions
In the event Forty 1° North goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Data might be among the assets transferred.
Changes in Forty 1° North Privacy Statements
If we decide to change this Policy, we will post the changes at this Website and at other places we deem appropriate. We reserve the right to modify this Policy at any time and without notice to you.
3rd Party Advertising Cookies Opt-Out
Forty 1° North is dedicated to providing privacy on the Internet. In addition to developing our privacy policy, we have provided you the opportunity to opt out of future 3rd party advertising cookies. Forty 1° North allows third parties to place cookies on our site for advertising purposes. This Online Privacy Statement does not cover the collection methods or use of the information collected by these vendors. These vendors have their own privacy policies and may be members of the Network Advertising Initiative (“NAI”). To remove yourself from some or all NAI member advertising programs, please visit the NAI Opt-Out Page and follow the relevant instructions. Please note that if you delete, block, or otherwise restrict cookies, or if you use a different computer or Internet browser, you may need to renew your opt-out choice.
Effective Date
This Policy is effective as of January 1, 2008.
Contact Us
If you have any questions or suggestions regarding this Policy, please contact Forty 1° North at: Forty 1° North, 351 Thames Street, Newport RI 02840, or by e-mail: guestservices@41north.com.
- Upon approval and receipt of payment of the fee associated with the selected program (the “Fee”), the guest paying the Fee (the “Guest”) will be enrolled in the 41°N Card program at Forty 1° North.
- The Guest may access the facility by dinghy (up to 22′ inflatable or rigid inflatable boat only) and may remain on the designated dinghy dock for up to 3 hours. The Guest’s boat must display the Forty 1° North decal. Use of the dinghy dock is subject to availability.
- The Guest will receive one 41°N Card which should be used for identification purposes at Forty 1° North.
- The Guest will receive a house account to which charges made at any Forty 1° North facility may be charged. The 41°N Card must be presented in order to make charges to the Guest’s house account. The house account will be linked to the credit card supplied by the Guest and the Guest agrees that any house charges will be charged to the Guest’s credit card. If the credit card on file has been lost or stolen or cancelled it is the cardholder’s responsibility to provide a new credit card number to Forty 1° North promptly. Debit cards will not be accepted. Charges on the guest’s house account will be charged periodically to the credit card on file. The charge will be the total of all accumulated charges on the guest’s account.
- Forty 1° North dining credit may be used only against food and beverage charges at The Grill and Christie’s. Forty 1° North dining credit may not be used for banquet, catering or special events as defined by Forty 1° North.
- The Guest should take care to safeguard the 41°N Card. In the event the Forty 1° North card is lost or stolen, the Guest will be responsible for all charges made on the Guest’s house account until such time that the Guest has notified Forty 1° North in writing to stop accepting the 41°N Card.
- Discounted in-room spa services are subject to the standard conditions and reservation requirements of full priced spa services.
- Special room rate of $150 for same day reservations made after 10:00pm is subject to availability of standard room categories (City View Guest Room, Water View Guest Room & Premium Water View Guest Room). Upgraded room categories may be offered at the sole discretion of Forty 1° North for a supplementary charge.
- The Guest’s house account shall be charged $25 for any Guest Card issued to an Additional Cardholder (defined below) and for each replacement card issued to a Guest or Additional Cardholder or in the event the Guest Card is not returned upon the request of Forty 1° North.
- Reservations for food and beverage facilities are encouraged. With regard to priority seating, additional guests may be accommodated for meals at the discretion of Forty 1° North.
- All Forty 1° North Card Holders must be at least 21 years of age.
- The Guest may specify one spouse or domestic partner as an additional cardholder on the Guest’s account (an “Additional Cardholder”). The Additional Cardholder must be provided in writing at the time of enrollment in order for him or her to exercise privileges. The Guest is responsible for all charges made by the Additional Cardholder to the Guest’s house account. No other person aside from the specified spouse or domestic partner may be an additional cardholder. Cardholder must be present for their guests to access Forty 1° North when access is restricted to Cardholders.
- Acceptance as a Guest is subject to availability. This agreement is not a license and does not otherwise provide rights to the property other than described herein. The rights of any Guest may be revoked at any time at the discretion of Forty 1° North and the portion of the Fee pertaining to the balance of the season (or week for weekly guests) will be refunded, less any used credits.
- Due to private functions, special events, capacity issues or otherwise at the discretion of Forty 1° North, access to the property is subject to availability and the Guest should not assume that the facility will always be available.
- Forty 1° North is a non-smoking facility.
- Any food and beverage or other credits that remain unused at the end of the program (as set forth in section 19 below) shall expire and are not convertible to cash or a refund.
- Parking is not included in the Fee, except for Guests participating in the Premier 41°N Card program.
- The Guest agrees to abide by the rules and regulations and terms and conditions of Forty 1° North, which may be added to or amended at Forty 1° North’s discretion.
- The 41°N Card Program for 2023 and the Guest’s privileges and benefits thereunder, including those detailed in this website and in these terms and conditions, shall expire on March 31, 2024.
- Specials and promotions are subject to availability and black-outs.
- One Complimentary Harbor Tour for the Guest is available June 01, 2018 through May 1, 2023 and requires advance reservations.
- Complimentary room nights may be redeemed between November 1, 2018 and March 31, 2024 based upon availability. Any room nights that remain unused by March 31, 2019 shall expire and are not convertible to cash or a refund.
- A complimentary bottle of champagne, chosen by Forty 1° North, will be offered to the Guest on their birthday while dining on property. Champagne must be consumed on premises.
- These terms, conditions, and benefits of the 41°N Card program are subject to change at any time without notice.
Release of Liability
I hereby acknowledge that I have voluntarily agreed to be a Guest at Forty 1° North. As lawful consideration for being permitted to utilize the facilities of Forty 1° North, I hereby release for myself, my spouse, my domestic partner, my guests, legal representatives, heirs and assigns, and further waive and discharge Forty 1° North, LLC, 802 Partners, LLC, and Upland Development Partners, Inc. and their officers, directors, members, owners, employees, parent/sub and related entities, heirs, successors and assigns (the “Releasees”) from all liability to me, my spouse, my domestic partner, guests legal representatives, heirs and assigns, for any and all loss or damage, and any claim or damage as a result therefrom, on account of injury to my person or property or otherwise, including even such injury as may result in my death, whether caused by negligence of the Releasees above described, or otherwise, while I am for any purpose on the premises of Releasees, whether engaged in physical activity, or otherwise. Further, I agree to indemnify the Releasees, and each of them, from any loss, liability, damage or cost they may incur due to my presence, or the presence of my spouse, my domestic partner, or guests in or upon the premises of Forty 1° North whether said loss, liability, or damage or cost is caused by the negligence of the Releasees, or otherwise. Further, I expressly agree that this release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the state of Rhode Island and that if any portion of the release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself, the Releasees, and Forty 1° North and its affiliates and enter into it of my own free will.
