ARC Marine ON-WATER TOWING SERVICE AGREEMENT

This Agreement is applicable throughout The State of Florida, United States, Alaska, Hawaii, Canada, USVI St Thomas, St Johns, St Croix, Puerto Rico, Bahamas, Mexico and Reimbursement Continental United States and North America Extended to Panama.

ARC Marine ON-WATER TOWING provides benefits to LIFETIME MEMBERS and Limited Monthly or Daily MEMBERS in good standing, 24 hours a day, seven days a week. ARC Marine provides services to non-members boaters as per fees schedule which is available online at; www.arcmarinefl.org or by calling 727-437-8277.

LIFETIME SERVICES include: Payment for towing Member's disabled boat from the point of breakdown at sea to port; at sea battery jumpstarts; delivery of fuel, engine fluids and basic engine parts to avoid a tow, subject to availability; soft ungrounding assistance; and towing the disabled boat immediately after breakdown from a restricted use dock to the Member's home-dock or repair facility. A restricted use dock is one from which Member must move immediately, i.e. fuel or restaurant docks and docks without overnight facilities. Paid Service includes payment of the cost to tow Member's boat from any dock or mooring to the Members port of choice not to exceed a total towing distance of 60 miles at any one time. All other service (Unlimited) means ARC Marine will (tow at no cost) Member's disabled boat from any dock or mooring, i.e. home docks or marinas, for the purpose of repairs, following Membership payment in full and vessel inspection is completed at anytime. 

Paid Services are available when using ARC Marine Licensed Towing Companies (ARC Marine® and ARC Assist®) up to the SERVICES available in many locations and can be found online at ARCMARINEFL.org or by calling the ARC Marine Operations Department at 1-727-437-8277.

RESTRICTIONS AND EXCLUSIONS TO PAID SERVICES. Paid Services apply per Incident. An Incident is an event or series of events arising from the same breakdown. Member is responsible to pay expenses incurred in excess of Service Level active at the time of breakdown or soft grounding.

For nonemergency assistance when a ARC Marine Licensed Towing Company is not available, Member must contact 24 Hr via VHF relay or 727-437-8277 prior to accepting assistance from another towing company. Upon authorization, Member does not pay for Services as a Lifetime Member. 

In an emergency situation, Member must contact Coast Guard or a government agency immediately. This Towing Service Agreement is not a promise of rescue and is restricted to Paid Services which can be provided with equipment immediately available to the towing company. Paid Services will be provided during normal boating season and within the safe parameters of the towing company capabilities but will not be rendered when the disabled vessel cannot be safely or reasonably reached or secured and/or properly serviced without damage or danger to either vessel or persons. ARC Marine is not an insurance company and does not provide for liability or damages arising out of injury to persons, boats or property and may not be transferred or assigned to another party.

This Agreement becomes effective on the day of payment and vessel inspection is completed and does not apply to: pre-existing conditions, including but not restricted to, towing after disabled vessel is pushed away from dock or mooring; battery jump starts, dive service, and fuel delivery at a dock; towing from a repair or storage facility, for seasonal haul out or routine maintenance (with the exception of the Unlimited Lifetime Service), or for storm preparation; salvage, including but not restricted to hard groundings, or assistance requiring more than one vessel, pumps, divers, airbags, pontoons or other special equipment; the cost of fuel or supplies; charges for escort, navigation assistance, search for lost vessels, retrieving anchors or other equipment; charges to repair, haul, launch, commission, decommission, moor, dock or other marina charges; U.S. or Foreign Customs Fees; when Member is a guest or paid captain on any boat; any boat used for commercial purposes; Paid Services being paid for by another company.

ARC Members are required to use care and diligence in the operation and maintenance of their boat. 

Recreational Lifetime Membership may not be used for Commercial Purposes for any reason or will automatically be considered abuse. ARC Marine defines in the following paragraph services included with Lifetime Membership.

ARC Marine Lifetime Membership includes Unlimited towing, Fuel delivery excluding cost of fuel, towing from mooring, marinas, docks, Inland and Offshore up-to 60 miles per occurrence, Memberships are based per boat or vessel or watercraft. One person, skipper, or captain must have membership for each boat, vessel, or watercraft covered. Members may transfer membership to another purchased boat, vessel, or watercraft provided no excessive call history exists and new boat, vessel or watercraft is within the same size range of registered membership. Member will have to pay the difference if boat, vessel, or watercraft is larger than stated membership acquired. ARC Salvage inclusion defined as re-float, Groundings that do not require heavy lift equipment or inland recovery. Boat, vessel, or watercraft. Salvage is not covered when negligence due to poor maintenance, unsafe operations, or violations of local, state, federal and or international maritime laws. 

Members are responsible for having boat, vessel, watercraft yearly inspection and needed maintenance. 

ARC Marine may, at its sole discretion, withdraw Member's Services for abuses, including excessive use. This Towing Service Agreement expires when owner changes or sells vessel with ARC Membership.

03/24

DATA PROTECTION

Details provided by you will be held by us and used in accordance with our Privacy Policy.

We may contact you by email with information on the latest offers, products or services which we believe may be of interest to you, from ARC Marine.

At anytime you can request not to receive information about our products and services.

By clicking 'Submit' you confirm that you have read our Privacy Policy and consent to our use of your information.

 

PARTNER USER AGREEMENT DATA PROTECTION

 

 

 

PARTNER USER AGREEMENT

 

By accessing and using the ARCMARINEFL.ORG, PARTNER agrees to the terms of this Partner User Agreement. Capitalized terms not otherwise defined herein have the meaning given to them in Section 9.10 below.

 

1.      License to Access and Use Products

1.1.  Use. Subject to the terms of this Agreement, ARCMARINEFL.ORG licenses to PARTNER access to and use of the ARCMARINEFL.ORG on a non-exclusive, revocable basis for the purpose of PARTNER’s partnerships (and to enter into partnerships) with Advertisers and pursuant to PARTNER’s performance under Partner Contracts. ARCMARINEFL.ORG’s obligations and the Products’ functionalities and/or Services may be performed by an ARCMARINEFL.ORG Affiliate.

    

1.2.  Restrictions. 

(a)    General. PARTNER and its Users shall not: (a) share, rent or use the ARCMARINEFL.ORG Technology for the benefit of any person or entity other than PARTNER; (b) modify, copy, reverse compile, disassemble, reverse engineer, decompile, prepare derivative works based on, the ARCMARINEFL.ORG, or attempt in any manner to derive its source code; (c) hack, abuse, adversely interfere with the ARCMARINEFL.ORG, or infect the ARCMARINEFL.ORG Technology with viruses, worms or other malicious or destructive code; and (d) authorize Users that are not employees, directors or officers of PARTNER  without  ARCMARINEFL.ORG’s prior written permission (at ARCMARINEFL.ORG’S sole discretion). PARTNER must at all times utilize the ARCMARINEFL.ORG Technology for its intended purpose.  

(b)    Use Approved Methods. PARTNER must promote each Advertiser using only those methods approved or prescribed by the Advertiser, and in any case not through: (i) provision of leads obtained other than through intended Visitor action (e.g. through scraping or other data mining, or through use of compilations of personal data);  (ii) use of fake redirects, automated software, or other mechanisms to generate actions; and/or (iii) actions using any device, robot, Iframes or hidden frames; or (iv) adware, spyware or malware. If PARTNER wants to use applications to deliver Advertiser Content, PARTNER must disclose to the Visitor a clear and concise description of the core functionality of the applications (including a description of that functionality that is Media Partner’s source of revenue).  Further, PARTNER must meet or exceed then-current industry standards for applications (such as getting Visitor’s consent to download/install, etc.).

(c)     Compliance/Quality.  PARTNER agrees that when using the ARCMARINEFL.ORG, it will only publish, transmit, upload and/or distribute information, data, content and material about PARTNER, Advertisers and Advertiser Content that is legal, accurate, and in accordance with the Partner Contracts agreed with the Advertisers.  If PARTNER intends to use incentives to promote an Advertiser and procure clicks, leads or sales, PARTNER is required to notify the Advertiser prior to entering into a Partner Contract, and PARTNER’s use of incentives must be in a bona fide way.  Additionally, PARTNER and its website(s) and promotional means must comply with all rules, laws, regulations and industry standards, the Partner Contracts, and be of high quality (including but not limited to: not depicting nudity of any sort (including cartoons, fantasy art or manga); not misrepresenting the source of anything posted or uploaded, including impersonation of another individual or entity; not including unauthorized content of someone else's or otherwise violating their intellectual property rights, rights of privacy or publicity; not harming or exploiting minors in any way; not threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating an individual or group of individuals for any reason (including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incite or encourage anyone else to do so); not harming or disrupting, or intending to harm or disrupt, an Visitor's computer; not containing or being considered to contain 'junk mail', 'spam', 'chain letters', or 'pyramid schemes'; and/or not attempting to manipulate services of others, including but not limited to ranking and reputation systems, interception of Visitor traffic (i.e. through cookie stuffing or other means) or collude with others to do any of the foregoing).

 

1.3.  Responsibilities.  PARTNER shall ensure that each User utilizes its own unique log-in and password that are not shared with anyone. PARTNER shall remove User permission and access rights for each User no longer authorized by PARTNER to access PARTNER’s Account. ARCMARINEFL.ORG must be notified by PARTNER in writing immediately if PARTNER becomes aware of any unauthorized access or use of the ARCMARINEFL.ORG.  PARTNER represents and warrants that it will use the ARCMARINEFL.ORG Technology only in accordance with applicable laws, rules and regulations, including but not limited to Applicable Privacy and Data Security Laws. In no event will ARCMARINEFL.ORG be responsible or liable for defects, problems, or failures of products and/or software not provided by ARCMARINEFL.ORG or its agents; defects, problems or failure of the Internet; or any third party that PARTNER partners with (including but not limited to Advertisers).

    

1.4.  Consequences. Breach of these Section 1 license and use terms may result in suspension of a User’s access and use of the Products, or immediate termination of this Agreement. 

 

2.      Ownership & Reservation of Rights. 

2.1    Impact Intellectual Property. ARCMARINEFL.ORG reserves all rights, title and interest in and to, as well as all Intellectual Property Rights in, the ARCMARINEFL.ORG subject to the limited, non-exclusive, revocable, access and use rights expressly provided for herein.  All derivatives of, improvements to, or modification to the ARCMARINEFL.ORG are owned exclusively by ARCMARINEFL.ORG. PARTNER, on behalf of itself and its Users, acknowledges that the ARCMARINEFL.ORG is covered by or subject to Intellectual Property Rights owned or licensed by ARCMARINEFL.ORG (collectively, “ARCMARINEFL.ORG IP Rights”). Except for the license granted pursuant to Section 1, no license or other rights (express or implied) in or to the ARCMARINEFL.ORG or ARCMARINEFL.ORG IP Rights, are granted, assigned, licensed or conveyed to PARTNER and/or its Users, and all such ARCMARINEFL.ORG Technology and ARCMARINEFL.ORG IP Rights are hereby expressly reserved exclusively by ARCMARINEFL.ORG.  Except as expressly provided for below in Section 9.5, all licenses in and to the ARCMARINEFL.ORG are non-transferable.  PARTNER may not encumber, assert a claim to or ownership of, or adverse interest in, the ARCMARINEFL.ORG or any ARCMARINEFL.ORG IP Rights or any goodwill associated therewith.

 

2.2    Advertiser Data.  During PARTNER’s use and access of the ARCMARINEFL.ORG, ARCMARINEFL.ORG will provide PARTNER with access to Advertiser Data solely in relation to PARTNER’s performance of Partner Contracts.  The Advertiser Data constitutes the Advertiser’s Confidential Information, and its use is subject to the terms of the Partner Contracts. 

    

2.3    Advertiser Relationships.  PARTNER acknowledges and agrees that as between PARTNER and ARCMARINEFL.ORG, ARCMARINEFL.ORG will not be liable for any loss or Claim: (a) arising from any of the Advertiser Content, including but not limited any errors or omissions therein; or (b) incurred as a result of PARTNER and its Users use of, access to, or denial of access to the Advertiser Content. ARCMARINEFL.ORG may without notice or liability investigate (or not investigate) any complaints or suspected violations and/or compliance by PARTNER of this Agreement, applicable laws, rules or regulations, the Partner Contracts and/or PARTNER’s use of Advertiser Content, and may take any action that it believes, in its reasonable discretion, is appropriate, including, but not limited to, rejecting Actions, refusing to host, or removing any Advertiser Content, Advertiser Data, or restricting, suspending, or terminating PARTNER’s or any User’s access to or use of the Advertiser Content and/or ARCMARINEFL.ORG Technology; however, ARCMARINEFL.ORG also reserves the right not to take any action. PARTNER is solely responsible for choosing Advertisers to work with and all aspects of those relationships. In no event will ARCMARINEFL.ORG be liable for Users’, PARTNER’s or any Advertiser’s acts, errors or omissions. From time to time, ARCMARINEFL.ORG may perform actions on behalf of Advertisers or PARTNER as needed to perform the ARCMARINEFL.ORG Technology. ARC MARINE disclaims liability for such actions when undertaken by ARC MARINE in good faith and using a commercially reasonable interpretation of such instructions or as is reasonable to perform the ARCMARINEFL.ORG. ARC MARINE may also take actions that have a direct or indirect impact on PARTNER's use of the ARCMARINEFL.ORG Technology for the protection of or in the interests of the integrity and performance of the ARC MARINE, in ARCMARINEFL.ORG’s sole discretion.

    

3.      Payment of Compensation & Taxes

3.1    Payment. All Partner Compensation for compensable Events tracked by ARCMARINEFL.ORG or reported and/or recorded through the ARCMARINEFL.ORG must be paid by Advertisers through ARCMARINEFL.ORG in the Partner Contract currency, unless PARTNER elects within its Account to receive payment in another currency (which will be subject to processing, including associated costs and charges, via foreign exchange).  Payment shall be made pursuant to the terms of each Partner Contract.  In no event will ARCMARINEFL.ORG be liable to PARTNER for such compensation amounts unless full payment is made by the Advertiser to ARCMARINEFL.ORG of all amounts owed by the Advertiser to ARCMARINEFL.ORG, as well as all amounts owed to all of the Advertiser’s partners (including PARTNER). ARCMARINEFL.ORG may offset amounts owed by PARTNER to Advertisers (or ARCMARINEFL.ORG) from amounts credited to PARTNER’s Account as compensation under Partner Contracts. Compensation amounts may be disqualified pursuant to Partner Contract terms, and if already paid out to PARTNER, ARCMARINEFL.ORG (on the Advertiser’s behalf) may seek return of compensation from PARTNER that was previously paid out, even after the effective date of termination.   Payment of any amounts earned by Advertisers is subject to PARTNER complying with all relevant laws, rules and regulations, including those concerning tax form completion and meeting minimum thresholds for payment, which may vary based upon the payment method elected by PARTNER.  If PARTNER does not accurately complete any such required forms as per the requirements of the relevant jurisdiction and/or ARCMARINEFL.ORG is unable to verify the information and/or documents submitted by PARTNER, amounts earned by PARTNER shall be subject to the Account Management Fees as per Section 3.3.

 

3.2    Taxes. With respect to Partner Compensation and ARCMARINEFL.ORG fees (if any), PARTNER is solely responsible for any taxes, levies, duties or similar governmental assessments of any nature that are assessable by any jurisdiction whatsoever (collectively, “Taxes”). If ARCMARINEFL.ORG has a legal obligation to pay, withhold or collect Taxes for which PARTNER is responsible under this Agreement and/or the Partner Contracts, ARCMARINEFL.ORG will invoice PARTNER and PARTNER will pay that amount unless ARCMARINEFL.ORG is able to deduct such amount from PARTNER’s Account (i.e., from Partner Compensation credited to PARTNER’s Account), or if PARTNER provides ARCMARINEFL.ORG with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, ARCMARINEFL.ORG is solely responsible for taxes assessable against ARCMARINEFL.ORG based on ARCMARINEFL.ORG's income, property and employees.   All late charges, penalties or interest due to PARTNER’s late payment of Taxes invoiced to PARTNER are solely the responsibility of PARTNER.     

 

3.3    Fees & Account Management Fees. If ARCMARINEFL.ORG offers and PARTNER requests (which may be by way of click-through) optional services of ARCMARINEFL.ORG for which there are fees, PARTNER is responsible for all such fees and they may be deducted from any Partner Compensation credited to PARTNER’s Account or invoiced to PARTNER and payable net thirty (30) days from PARTNER’s receipt.  PARTNER is obligated to maintain accurate contact information on its Account, including providing ARCMARINEFL.ORG with the relevant tax identification information.  If PARTNER does not keep such information up to date and ARCMARINEFL.ORG is unable to process compensation payments to PARTNER after six (6) months from when PARTNER was eligible to be paid, ARCMARINEFL.ORG will deduct a fee of Ten US Dollars ($10) per month (“Account Management Fees”) unless and until PARTNER comes into compliance, or until the Account balance is zero.  

 

4       Term & Termination

4.1    General. This Agreement shall commence on the Effective Date and shall remain in force unless modified, superseded or terminated. PARTNER may terminate this Agreement upon written notice to ARCMARINEFL.ORG or stop using the ARCMARINEFL.ORG Technology at any time. ARCMARINEFL.ORG may terminate this Agreement by written notice: (a) upon ten (10) days’ notice (a “Notice Period”) to PARTNER due to PARTNER’s and/or its Users’ breach of this Agreement if such breach is not cured prior to the end of the Notice Period (unless incurable, pursuant to Section 1.4  or if a repeated breach, then prior written notice is not required); (b) due to ARCMARINEFL.ORG’s continued delay or inability to provide the ARCMARINEFL.ORG or due to any cause(s) beyond ARCMARINEFL.ORG’s control (a “Force Majeure”); or (c) for any or no reason upon thirty (30) days prior written notice (a “Notice Period”).   Termination is effective as of the end of the Notice Period (if prior written notice is required and the conditions for termination are met), or upon written notice in all other cases. 

 

4.2    Effect of Termination. Upon the effective date of termination, ARCMARINEFL.ORG shall cease providing access to and PARTNER shall cease all use of the ARCMARINEFL.ORG.  ARCMARINEFL.ORG may seek return of Partner Compensation previously paid out, even after the effective date of termination, due to PARTNER’s non-compliance with this Agreement and/or the Partner Contracts.  Post-termination obligations in Section 6.3 shall apply to each Party’s Confidential Information and/or the Data Protection Agreement with respect to Personal Data.

 

5       Representations and Warranties 

5.1    Continuing Warranties/Disclaimers.  PARTNER represents and warrants to that the statements contained in this Section 5 are true and correct as of the Effective Date and shall continue to be true and correct through the date of termination of this Agreement (unless stated otherwise). ARCMARINEFL.ORG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE AND FITNESS FOR A PARTICULAR PURPOSE. ARCMARINEFL.ORG PRODUCTS ARE PROVIDED “AS IS”. ARCMARINEFL.ORG DOES NOT WARRANT THAT THE ARCMARINEFL.ORG WILL RUN UNINTERRUPTED OR BE ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE ARCMARINEFL.ORG TECHNOLOGY OR AS TO ANY USABILITY OR AVAILABILITY OF ADVERTISER CONTENT, ADVERTISER DATA, OR PARTNER DATA PROCESSED BY ARCMARINEFL.ORG. IN NO EVENT WILL ARCMARINEFL.ORG BE LIABLE FOR ACTS, ERRORS OR OMISSIONS OF THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS).

 

5.2    Warranties: PARTNER represents and warrants that: (i) it has full power and authority to execute, deliver and perform its obligations under this Agreement, and will do so without conflict with any obligation, contract, lease, license, third party’s rights, applicable law or agreement to which PARTNER is a party or by which PARTNER is bound; (ii) in performance of this Agreement and its use of the ARCMARINEFL.ORG, PARTNER will comply with all applicable laws (including but not limited to Applicable Privacy and Data Security Laws); (iii) it has the right to transmit all PARTNER Data through the ARCMARINEFL.ORG; (iv) it will use the Advertiser Content and promote the Advertisers pursuant to the terms of this Agreement (including the Data Protection Agreement) and the Partner Contracts, and will not use Advertiser Content or promote the Advertiser in a way that infringes or misappropriates any third party’s Intellectual Property Rights or violates applicable law, rule or regulation; and, as applicable, (v) it has and will at all times comply with Applicable Privacy and Data Security Laws, including but not limited to making legally required notices to and/or obtaining any legally required consents from each Visitor for ARCMARINEFL.ORG, as a service provider of PARTNER, to Process the Visitor’s Personal Data pursuant to the Data Protection Agreement.

 

6       Confidentiality & Personal Data

6.1    Scope. The Receiving Party shall prevent disclosure of the Disclosing Party’s Confidential Information to anyone (including employees, contractors and agents) other than those with a need to know such Confidential Information for the purposes of this Agreement, and who are contractually obligated to keep Disclosing Party’s Confidential Information confidential. The Receiving Party may use the Disclosing Party’s Confidential Information only for the purposes permitted under this Agreement. Disclosure to third parties may be made only to those that the Disclosing Party has authorized such disclosure (including Advertisers for the purpose and/or prospect of Partner Contracts), and Confidential Information shall include information provided by Advertisers that is authorized for disclosure to PARTNER. The Receiving Party must use reasonable efforts to maintain the confidentiality of the Confidential Information, including steps to protect it as the Receiving Party takes to protect its own similarly valuable confidential and proprietary information, and in no event less than a reasonable standard of care. All Confidential Information, including, without limitation, all copies of Confidential Information exchanged under the Agreement, is and will remain the property of the Disclosing Party and/or Disclosing Party’s licensors.

 

6.2    Compliance with Law. The Receiving Party may disclose Confidential Information that it is obligated to produce by law or other similar requirement of a governmental agency or a subpoena for the limited purpose required by a court or government agency, so long as the Receiving Party provides the Disclosing Party with written notice in advance of any such disclosure (unless prohibited by law or order), and complies with any applicable protective order or equivalent designed to protect the confidentiality of the Confidential Information.

 

6.3    Continuing Obligations. Upon termination or expiration of this Agreement, the Receiving Party shall destroy the Disclosing Party’s Confidential Information, unless return of Confidential Information is requested in writing by the Disclosing Party within      sixty (60) days after termination or expiration of the Agreement.  Notwithstanding foregoing, the Receiving Party shall not be obligated to purge any Disclosing Party Confidential Information archived pursuant to the Receiving Party’s normal document retention practices, subject to the continuing obligations of Section 6.1 with respect to such not-readily accessible, archived Confidential Information.  PARTNER Data Processed by ARCMARINEFL.ORG may be retained by ARCMARINEFL.ORG for as long as necessary to comply with its obligations under this Agreement and/or as permitted or      required by applicable laws, rules and/or regulations. The obligations of confidentiality, non-use and non-disclosure of Confidential Information shall survive the expiration or termination of this Agreement.

 

6.4    Personal Data.  This Agreement is subject to the then-current Data Protection Agreement located at: https://ARCMARINEFL.ORG/legal/Data_Protection_Agreement.pdf, which is incorporated herein by this reference and each Party acknowledges acceptance of its terms. When use of the ARCMARINEFL.ORG Technology requires  ARCMARINEFL.ORG to Process Personal Data of Users and Visitors, such Processing will be done in accordance with the Data Protection Agreement.

7       Indemnity 

7.1    ARCMARINEFL.ORG Indemnity.  ARCMARINEFL.ORG (as an “Indemnifying Party”) agrees to indemnify, hold harmless, and defend (“Indemnify”) PARTNER, its officers, directors, employees, agents, successors and assignees of each (each a “PARTNER Indemnified Party”), from and against all Claims because of ARCMARINEFL.ORG’s violation of or failure to comply with Applicable Privacy and Data Security Laws.  ARCMARINEFL.ORG’s indemnification obligations are subject to Section 7.3 and limited to the extent and percentage a Claim arises from PARTNER’s (i) breach of this Agreement and/or the Data Protection Agreement, (ii) negligence, (iii) illegal conduct, and/or (iv) willful misconduct.

 

7.2    PARTNER Indemnity.  PARTNER (as an “Indemnifying Party”) agrees to ARCMARINEFL.ORG, ARCMARINEFL.ORG Affiliates and each of their officers, directors, employees, agents, third party service providers (for products & services resold by ARCMARINEFL.ORG) and Advertisers, successors and assignees of each (each an “ARCMARINEFL.ORG Indemnified Party”), from and against all Claims because of: (a) PARTNER’s violation of or failure to comply with any applicable law, ordinance, regulation, rule or order (including but not limited to Applicable Privacy and Data Security Laws); (b) PARTNER’s breach of Section 6 (Confidentiality); and (c) PARTNER’s breach of any of its representations and warranties and/or terms in this Agreement.   PARTNER

 

7.3    Requirements.  An  Indemnifying Party’s obligation to Indemnify pursuant to this Section 7 is subject to (a) the Indemnified Party providing the Indemnifying Party with timely written notice of the Claim, (b) the Indemnified Party giving the Indemnifying Party the sole right to defend, compromise, and settle any such Claim (except where settlement would impose any cost or limitation on the Indemnified Party, or would admit fault by the Indemnified Party without the Indemnified Party’s consent), and (c) the Indemnified Party providing reasonable cooperation and assistance to the Indemnifying Party, at the Indemnified Party’s sole expense. Notwithstanding the foregoing, the Indemnified Party shall be entitled to participate in its own defense at the Indemnified Party’s own expense, although such participation does not reduce or relieve the Indemnifying Party’s obligations under this Section 7. 

 

8       Limitations of Liability

8.1    Disclaimers. ARCMARINEFL.ORG shall not be liable for: (a) PARTNER’s use of the ARCMARINEFL.ORG Technology in breach of this Agreement (including but not limited to Section 1 and/or the Data Protection Agreement); (b) PARTNER’s and/or its Users  acts, errors and omissions; (c) defects, problems, or failures of products, services and/or software not provided by ARCMARINEFL.ORG; and/or (d) defects, problems or failure of the Internet. PARTNER shall be fully responsible and liable to the fullest extent permitted under law for PARTNER’s misappropriation or breach of. ARCMARINEFL.ORG’s Intellectual Property Rights or PARTNER’s obligations under Section 6 (Confidential Information & Personal Data), and for return or recoupment of all Partner Compensation paid out but unearned or generated in breach of this Agreement.  For the avoidance of doubt, this Section 8 shall survive the termination of this Agreement. 

 

8.2    LIMITS.  ARCMARINEFL.ORG’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED TWENTY-FIVE THOUSAND US DOLLARS ($25,000).  IN NO CIRCUMSTANCE WILL ARCMARINEFL.ORG HAVE ANY LIABILITY TO PARTNER, ITS USERS, OR ANY THIRD PARTY FOR ANY LOST PROFITS OR LOST REVENUES OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT ARCMARINEFL.ORG IS ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.  THIS SECTION 8.2 DISCLAIMER DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OR TO ARCMARINEFL.ORG’s LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ARCMARINEFL.ORG.

 

8.3    ALLOCATION OF RISK.  THE ABOVE LIMITATIONS ON LIABILITY REFLECT THE PARTIES’ AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES.  THE LIMITATIONS SPECIFIED IN THIS SECTION 8 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

    

9       Miscellaneous

9.1    Independent Contractor:  ARCMARINEFL.ORG is and shall remain an independent contractor of PARTNER and nothing herein shall be deemed or construed to create an employer/employee, joint venture or partnership relationship between the Parties.  Neither Party shall have any authority to incur any obligations on behalf of the other Party or to make any promise, representation or contract of any nature on behalf of the other Party.

 

9.2    Governing Law:  The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of California without reference to its choice of law doctrine. Each Party shall be entitled to pursue any and all remedies that are available to it at law or equity in state or federal court in Miami/Dade County, Florida .  Each Party agrees that it shall not raise, and waives, any defenses based upon venue, inconvenience of forum or lack of personal jurisdiction.

 

9.3    Entire Agreement:  This Agreement and the Data Protection Agreement represent the entire understanding and agreement between the Parties that related to the subject matter hereof, and supersede any and all prior contracts, agreements, understandings or representations, whether written or oral. The Parties expressly agree that any confidentiality and non-disclosure agreement(s) executed between the Parties prior to the date of this Agreement are terminated and such terms are superseded by the terms of this Agreement. The Parties may agree to additional terms and conditions that are applicable to specific. ARCMARINEFL.ORG functionalities and/or services.  Each of the Parties acknowledges that there are no other promises, representations, or warranties whatsoever, whether by a Party, its Affiliate, employee, contractor, officer director, agent or attorney of such Party, and acknowledges that it has not executed or authorized the execution of this Agreement in reliance upon any such promise, representation or warranty, that is not expressly contained in this Agreement.

 

9.4    Third Party Beneficiaries: This Agreement is made solely for the benefit of the Parties to this Agreement, ARCMARINEFL.ORG’s Affiliates and their respective permitted successors and assigns. Other than pursuant to a Party’s indemnification obligations (as applicable) and Affiliates, no other person or entity shall have or acquire any right, power or privilege by virtue of this Agreement, or have any benefit or interest, arising out of this Agreement. Any obligation of ARCMARINEFL.ORG may be performed by an ARCMARINEFL.ORG Affiliate, and the terms of this Agreement may be enforced by an ARCMARINEFL.ORG Affiliate. ARCMARINEFL.ORG may amend this Agreement (or any part thereof) upon written notice to PARTNER which may be through PARTNER’s Account or to the email address listed on PARTNER’s Account.  Except as specifically provided for in the preceding sentence or otherwise in this Agreement, no alteration, amendment, waiver, cancellation or any other change in any term or condition of this Agreement shall be valid or binding on either Party except by written mutual agreement.

  

9.5    Assignment:  PARTNER may not assign this Agreement or delegate its duties to any third party without the prior written consent of ARCMARINEFL.ORG, including but not limited to transfers to any successor in interest (such as in a merger, consolidation or sale of all or substantially all of the Party’s stock or assets).    ARCMARINEFL.ORG may freely assign and transfer this Agreement and delegate its duties. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective successors and permitted assigns.

 

9.6    Notice:  No notice required or permitted hereunder shall be valid unless given in writing and shall be deemed to have been validly given only if delivered as follows: (a) by ARCMARINEFL.ORG to PARTNER – within the messaging functionality of the ARCMARINEFL.ORG or at the email address listed on PARTNER’s Account; and (b) by PARTNER to ARCMARINEFL.ORG -  by registered or certified mail, postage prepaid, return receipt requested, or commercial courier to: ARCMARINEFL.ORG, 220 Kings Point Drive, Attention: Legal Dept, Sunny Isles Beach, FL 33160, USA.  Notice is effective upon receipt (or refusal to accept receipt), and, in the case of email notice, upon delivery.

 

9.7    Survival/Severability:  Except as otherwise provided herein, warranties and obligations contained herein shall survive termination of this Agreement, regardless of the reason for such termination, and shall continue in full force and effect. The provisions of this Agreement are severable, and if any clause or provisions hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision, or part thereof, in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction, or any other clause or provision in this Agreement in any jurisdiction.  Any such clause or provision held invalid or unenforceable, in whole or in part, to the extent permitted by law, shall be restricted in applicability or reformed to the minimum extent required for such clause or provision to be enforceable.

    

9.8    Remedies/Waiver:  Unless explicitly stated otherwise, each Party’s rights and remedies whether in contract, law or equity, are cumulative. Any waiver by either Party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver is expressed in writing and signed by the Parties.  Delay in the enforcement of any remedy in the event of a breach of any term or condition, or in the exercise by either Party of any right, shall not be construed as a waiver of such remedy or right, unless the Agreement provides for a specific period of time for notice of breach or exercise of a right.

 

9.9    Electronic Signatures/Interpretation.  The Parties acknowledge that they have had an opportunity to review this Agreement, seek counsel regarding interpretation of its terms, and an opportunity to negotiate and make amendments to these terms.  In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. PARTNER HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS. Further, PARTNER hereby waives any rights or requirements under any applicable statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

9.10 Definitions.  Capitalized terms used, but not otherwise defined herein, have the following meanings:

(a)    “Account” means the password protected area within the Products that contains PARTNER’s contact information (including for notifications, that is required to be kept up-to-date by PARTNER), and that contains a ledger account with balance information regarding compensation amounts owed to PARTNER by Advertisers.

(b)    “Actions” or “Events” means each occurrence, such as a click, lead, install, impression or other action, identified in the Partner Contract that is tracked by or reported to and recorded by ARCMARINEFL.ORG and/or for which PARTNER is compensated pursuant to the terms of the Partner Contracts.

(c)     “Advertiser” means each entity with whom the PARTNER enters into a Partner Contract.

(d)    “Advertiser Content” means an Advertiser’s advertising materials in any form or format, such as visual, written or audible communications, files, documents, videos, recordings, and that is made available to PARTNER through or for the provision of the ARCMARINEFL.ORG.

(e)    “Advertiser Data” means confidential or proprietary data supplied by the Advertiser or Visitors or generated through the ARCMARINEFL.ORG as a result of Visitors’ interactions with Advertiser Content and their resulting Actions. PARTNER

(f)     “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with ARCMARINEFL.ORG. Control in this context (including its correlative meanings) means direct or indirect possession of the power to direct or cause the direction of the management and policies of such entity, whether through ownership or control of more than 50% of the voting interests of the subject entity, by contract or otherwise.

(g)    “Applicable Privacy and Data Security Laws” means any and all privacy, security, and data protection laws, rules and regulations of any applicable jurisdiction, that are applicable to the collection, processing, storage, protection and disclosure of Personal Data..

(h)    “Claims” means all third party alleged or actual actions, causes of action (of any nature or type), personal injury, claims, damages, demands, disbursements, judgments, legal proceedings, liability, losses, property damage, settlement payments, costs or expenses (including attorneys’ fees and costs).

(i)     “Confidential Information” means all information or material, whether past, present or future, and whether in oral, written, digital, electronic or other form, that is of or concerning a “Disclosing Party” (Party providing the information or whom the information is about)  which is disclosed to or learned by a “Receiving Party” (Party receiving or learning the information), that relates in any way to, or is about, the Disclosing Party, its financial data, business plans, pricing, methods, methodologies, processes, lists, intellectual property rights, customer information, products, services, information technology, software user interfaces, programs, research, development and/or marketing strategies, whether or not such information and materials are marked or identified as “confidential”; provided that “Confidential Information” shall not include information which is: (i) approved for release or released by the Disclosing Party for public disclosure; (ii) becomes known publicly through no fault of the Receiving Party; (iii) is lawfully obtained from a third-party free of restrictions on disclosure; (iv) is already known to the Receiving Party; or (v) is developed by or for the Receiving Party independent of the Disclosing Party’s Confidential Information; or (vi) is released without restriction by the Disclosing Party.

(j)      

(k)    ““ARCMARINEFL.ORG” means Impact Tech, Inc., a Delaware corporation, with its principal place of business at 220 Kings Point Drive, Sunny Isles Beach, FL 33160, USA.

(l)     “ARCMARINEFL.ORG” means the products, services, platform, documents, software, works of authorship, inventions, technology, hardware, processes, algorithms, user interfaces, know-how, trade secrets, techniques, designs, and other tangible or intangible technical material or information of ARCMARINEFL.ORG, including statistical data and metrics concerning any of the foregoing.

(m)   “Intellectual Property” means any product of the human intellect that the law protects from unauthorized use by others, and “Intellectual Property Rights” means any and all right, title and interest in Intellectual Property existing as of the Effective Date or at any time thereafter, worldwide, including all patent, patent application, copyright, trademark, trade name, service mark, service name, trade secret or other proprietary right arising or enforceable under any applicable law, rule, or regulation.

(n)    “PARTNER” means the individual or entity that enters into this Agreement with ARC MARINE and does not include (and these terms are void and ARCMARINEFL.ORG may not be used by) individuals under the age of 18 years old as well as competitors of, or those using the ARC MARINE Technology to compete with, ARC MARINE.

(o)    “PARTNER Data” means the Personal Data if any that is provided by PARTNER or Visitors (or Processed by ARC MARINE about Visitors that visit or use PARTNER’s website(s) or other promotion methods and means, and that interact with Advertiser Content promoted by PARTNER in accordance with the terms of this Agreement and the Partner Contracts.

(p)     “Partner Contract(s)” means the terms and conditions entered into with an Advertiser with respect to promotion of the Advertiser or Advertiser Content, including compensation and other details (such as permitted use, prohibited use, etc.), and that are implemented through ARCMARINEFL.ORG.

(q)     “Personal Data” has the meaning given to it in Applicable Privacy and Data Security Laws, and that is Processed by ARCMARINEFL.ORG and relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular natural person, whether on its own or in the aggregate with other information Processed by ARCMARINEFL.ORG, and excludes anonymous or anonymized information.

(r)     “Process(ing)” means any operation or set of operations that is performed by ARCMARINEFL.ORG and/or ARCMARINEFL.ORG Technology, whether by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, performance, disclosure by transmission, dissemination or making available (including making available to view), transfer, alignment or combination, blocking, erasure or destruction.

(s)      “Users” means individuals who are authorized by PARTNER to use the ARCMARINEFL.ORG Technology on behalf of PARTNER, and that set up user unique identifications/log-ins and passwords.  A “User” may not be a competitor of or compete with ARCMARINEFL.ORG.  PARTNER may not authorize third parties as a “User”.

(t)     “Visitor” means an individual that is a consumer or customer/prospective customer of and that interacts with Advertiser Content, such as clicking on a text link or banner, filling out the Advertiser’s lead form, making a purchase from the Advertiser, etc.

 

EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF AN ENTITY REPRESENTS AND WARRANTS THAT HE OR SHE HAS COMPLETE AND FULL AUTHORITY AND CAPACITY TO ACT ON BEHALF OF THAT ENTITY. SUCH PERSON AGREES TO INDEMNIFY, DEFEND AND HOLD ARCMARINEFL.ORG AND ITS AFFILIATES HARMLESS IN THE EVENT THAT THE PERSON WAS NOT AUTHORIZED.

 

Confidential Information of Angel Rescue Corporation ,and ARC Marine. (dba arcmarinefl.org)

updated November 24, 2023

 

Updated Last
January 03, 2024

Angel Rescue Corporation (ARC Marine Towing) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Angel Rescue Corporation of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Angel Rescue Corporation decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to Angel Rescue Corporation and any subsidiary company listed below, and it governs any and all data collection and usage by us. Through the use of Www.arcmarinefl.org and any subsidiary website listed below, you are therefore consenting to the data collection procedures expressed in this Policy.
Subsidiary Company: Subsidiary Website:
ARC Marine Boat Towing Www.arcmarinefl.org
Please note that this Policy does not govern the collection and use of information by companies that Angel Rescue Corporation does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:
· Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
· Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
In addition, Angel Rescue Corporation may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
Angel Rescue Corporation may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.
Why We Collect Information and For How Long

We are collecting your data for several reasons:
· To better understand your needs and provide you with the services you have requested;
· To fulfill our legitimate interest in improving our services and products;
· To send you promotional emails containing information we think you may like when
we have your consent to do so;
· To contact you to fill out surveys or participate in other types of market research, when
we have your consent to do so;
· To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
Angel Rescue Corporation does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
Angel Rescue Corporation may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from Www.arcmarinefl.org and its subsidiaries.
Angel Rescue Corporation and its subsidiaries may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Angel Rescue Corporation uses various third-party social media features including but not limited to Facebook, Instagram, X and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Angel Rescue Corporation's control.

Disclosure of Information
Angel Rescue Corporation may not use or disclose the information provided by you except under the following circumstances:
· as necessary to provide services or products you have ordered;
· in other ways described in this Policy or to which you have otherwise consented;
· in the aggregate with other information in such a way so that your identity cannot
reasonably be determined;
· as required by law, or in response to a subpoena or search warrant;
· to outside auditors who have agreed to keep the information confidential;
· as necessary to enforce the Terms of Service;
· as necessary to maintain, safeguard and preserve all the rights and property of Angel
Rescue Corporation.
Non-Marketing Purposes
Angel Rescue Corporation greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Angel Rescue Corporation products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
Angel Rescue Corporation's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to Info@arcmarinefl.org. If you wish to

unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Angel Rescue Corporation will continue to adhere to this Policy with respect to any personal information previously collected.
Links to Other Websites
Our website does contain links to affiliate and other websites. Angel Rescue Corporation does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.
Notice to European Union Users
Angel Rescue Corporation's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Your Rights as a Data Subject
Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:
· The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
· The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to Info@arcmarinefl.org.
· The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
· The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case

you will be informed of same. You can do this by sending an email to Info@arcmarinefl.org.
· The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to Info@arcmarinefl.org.
· The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at Info@arcmarinefl.org.
· The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to Info@arcmarinefl.org.
In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at Www.arcmarinefl.org.
Security
Angel Rescue Corporation takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website

following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email: Info@arcmarinefl.org Telephone Number: 7274378277
Mailing Address:
Angel Rescue Corporation 500 Bayview Dr
Sunny Isles Beach, Florida 33160
The data controller responsible for your personal information for the purposes of GDPR compliance is:
Angel Rescue Corporation Info@arcmarinefl.org 727-437-8277

 

Terms & Conditions

 

 

 

All content appearing on this Web site is the property of:

ANGEL RESCUE CORPORATION
500 Bayview Drive ste.317
North Miami Beach, FL 33160

Copyright © 2022 (ARC) Angel Rescue Corporation. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site “www.arcmarinefl.org” so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2022 (ARC) Angel Rescue Corporation. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site “www.arcmarinefl.org” are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by (ARC) Angel Rescue Corporation. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of (ARC) Angel Rescue Corporation or any third party, except as expressly granted herein. 

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. (ARC) Angel Rescue Corporation and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if (ARC) Angel Rescue Corporation believes that customer conduct violates applicable law or is harmful to the interests of (ARC) Angel Rescue Corporation and its subsidiaries.

Privacy Policy

Shipping & Delivery: At this time, (ARC) Angel Rescue Corporation ships merchandise to locations within the State of Florida (only). (ARC) Angel Rescue Corporation does not ship merchandise to international locations. The risk of loss and title for all merchandise ordered on this Web site “www.arcmarinefl.org” pass to you when the merchandise is delivered to the shipping carrier. Most orders are processed within within 24-36 hours. For small orders please see UPS delivery time estimations.

Sales Tax: (ARC) Angel Rescue Corporation charges Florida sales tax for merchandise ordered on this Web site “www.arcmarinefl.org” based on the applicable state sales tax rate and the location to which the order is being shipped. Sales tax is only collected for orders delivered to Florida.

Warranties

The Content included in this Web site “www.arcmarinefl.org” has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. (ARC) Angel Rescue Corporation makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site “www.arcmarinefl.org” or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site “www.arcmarinefl.org” may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. (ARC) Angel Rescue Corporation SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL (ARC) ANGEL RESCUE CORPORATION BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site “www.angelrescuemarine.org” is provided by the advertiser or manufacturer only, and not by (ARC) Angel Rescue Corporation.

The references and descriptions of products or services within the Web site “www.arcmarinefl.org” materials are provided "as is" without any warranty of any kind, either express or implied. (ARC) Angel Rescue Corporation is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site “www.arcmarinefl.org” or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site “www.arcmarinefl.org” are the sole responsibility of the companies providing the information ("advertisers"), and not (ARC) Angel Rescue Corporation.

The inclusion of material on this server does not imply any endorsement by (ARC) Angel Rescue Corporation, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although (ARC) Angel Rescue Corporation tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Web site “www.arcmarinefl.org” by using any one of the payment options listed in (link to Payment Options). (ARC) Angel Rescue Corporation reserves the right to change its payment procedures at any time without prior notice to you.

(ARC) Angel Rescue Corporation has a no refund policy meaning all sales are final.

Store Hours

Customer service is available as defined on the contact us page of this Web site “www.arcmarinefl.org”.

Miscellaneous

VOID WHERE PROHIBITED:
Although the information on this Web site “www.arcmarinefl.org” is accessible worldwide, not all products or services discussed in this Web site “www.arcmarinefl.org” are available to all persons or in all geographic locations or jurisdictions. (ARC) Angel Rescue Corporation and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site “www.arcmarinefl.org” is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of (ARC) Angel Rescue Corporation shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and (ARC) Angel Rescue Corporation with respect to this Web site “www.arcmarinefl.org”. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and (ARC) Angel Rescue Corporation with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by (ARC) Angel Rescue Corporation. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

 

 

Trademark Guidelines

 

 

 

The ARC Marine Towing®, Angel Rescue Corporation® Trademark Guidelines (“Guidelines”) are intended for licensees, authorized resellers, resellers, customers, and other third parties that intend to use any of the ARC Marine Towing®, Angel Rescue Corporation® Marks (defined below) in promotional, instructional, reference materials, or any other public facing materials. Licensees of the ARC Marine Towing®, Angel Rescue Corporation® Marks will have been provided with trademark usage terms. In the event there is a conflict between any trademark usage terms and these Guidelines and any license grant, the trademark license grant terms will control the licensee’s use of the ARC Marine Boat Towing®, Marks.

The “ARC Marine Boat Towing®, Marks” include the standard character ARC Marine Boat Towing®, Angel Rescue Corporation® trademarks owned and used by Angel Rescue Corporation, (“Angel Rescue Corporation ”), a non exhaustive list provided below.

This list is subject to change with out notice:

     ARC Marine Boat Towing®

     ARC Marine Florida®

     ARC Marine Memberships®

     ARC Lifetime Membership®

     ARC Marine Boat Towing Florida®.

     ARC Marine Boat Towing & Salvage®

     ARC Marine Boat Towing Safety Training®

 

By using a ARC Marine Boat Towing® Mark, in whole or in part, you are acknowledging that Early Warning is the sole owner of the ARC Marine Boat Towing® Mark and promising that you will not interfere with rights held by Angel Rescue Corporation in the trademark, including challenging any use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world by Angel Rescue Corporation, and that you will not harm, misuse, or bring into disrepute any ARC Marine Boat Towing® Marks and/or Angel Rescue Corporation trademark. The goodwill derived from using any part of a ARC Marine Boat Towing® Mark exclusively inures to the benefit of and belongs to Early Warning. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.

The ARC Marine Boat Towing® related trademarks and service marks that are stylized, slogans/taglines, and ARC Marine Boat Towing® logos owned and used by Angel Rescue Corporation may only be used under a license grant from Angel Rescue Corporation or an appropriate sub license grant from an entity with the rights to provide a sub license. To be clear, stylized ARC Marine Boat Towing® marks, slogans/taglines, and ARC Marine Boat Towing® logos are not included in the definition of ARC Marine Boat Towing® marks and are not addressed by this document. Angel Rescue Corporation takes great care in the development and protection of its ARC Marine Boat Towing® Marks and reserves all rights of ownership of its ARC Marine Boat Towing® Marks and the goodwill created in association with their use.

 

Fair Use of Trademarks by 3rd Parties

“Fair Use” of the ARC Marine Boat Towing® Marks, in other words any use of the ARC Marine Boat Towing® Marks by a third party without express permission or license can only apply to plain text (e.g., standard character) references to ARC Marine Boat Towing® Marks and ARC Marine Boat Towing® services. Fair Use does not extend to any ARC Marine Boat Towing® logos or stylized trademarks.

In general, Fair Use references to ARC Marine Boat Towing® marks must be truthful, must not mislead the public, and must not damage or misappropriate the goodwill associated with the ARC Marine Boat Towing® Marks. The Fair use of ARC Marine Boat Towing® Marks must accurately reference, explicitly or implicitly, the relationship between your company, products or services, and the ARC Marine Boat Towing® Marks and Angel Rescue Corporation. In general there are two types of acceptable fair use:

1. When referencing the specific ARC Marine Boat Towing® service, and
2. When indicating a third party service or product is compatible with, or provides a legitimate ARC Marine Boat Towing® service.

It is important to note that when fair use is being made of the ARC Marine Boat Towing® Marks that the Fair Use Guidelines below are followed. If the Fair Use Guidelines below are not followed the use of the ARC Marine Boat Towing® Marks may be considered unfair and a misappropriation of the rights of Angel Rescue Corporation.

Fair Use Guidelines for Use and/or Reference of the ARC Marine Boat Towing® Marks

ARC Marine Boat Towing® Marks (e.g., the ARC Marine Boat Towing® standard character marks) may be used to identify ARC Marine Boat Towing® products and services on websites; instructional, promotional, and/or reference material(s); or in the titles of publications, conferences, and/or seminars that feature or reference ARC Marine Boat Towing® products or services, provided the following Guidelines are met:

1. May not include ARC Marine Boat Towing® Marks in your company name, product or service name(s), domain name(s), mobile app name(s), social media account name(s), publication title(s), conference title(s), website name(s), or any other source identifying material(s), without express prior authorization from Angel Rescue Corporation.
2. May not include ARC Marine Boat Towing® Marks, in whole or in part, in your company logo(s), product logo(s), app launch tile image(s), in your software product(s) or service(s), social media profile page(s) or community image(s) without a prior written license/authorization from Angel Rescue Corporation.
3. Your company name, product or service name(s), domain name(s), mobile app name(s), social media account name(s), publication title(s), conference title(s), website name(s), or any other source identifying material(s) may not be confusingly similar to the ARC Marine Boat Towing® Marks. Additionally the ARC Marine Boat Towing® Marks may not be used in the domain name of any publication, conference or seminar website without a written license or equivalent authorization from Angel Rescue Corporation.
4. May not use ARC Marine Boat Towing® Marks on or in connection with any obscene or pornographic materials, or illegal activity, and use of ARC Marine Boat Towing® Marks may not be disparaging, defamatory, or libelous to ARC Marine Boat Towing® and/or Angel Rescue Corporation, any of its products, or any person or entity associated with ARC Marine Boat Towing® and/or Angel Rescue Corporation.
5. May not use ARC Marine Boat Towing® Marks in any manner that directly or indirectly expresses or implies ARC Marine Boat Towing® and/or Angel Rescue Corporation sponsorship, affiliation, certification, approval, or endorsement in relation to your product(s), service(s), publication(s), conference(s), or seminar(s) or in such a manner that it appears that the ARC Marine Boat Towing® services and/or Angel Rescue Corporation is legally associated with your company, product(s), service(s), publication(s), conference(s), and/or seminar(s).
6. May not use ARC Marine Boat Towing® Marks on or in connection with a website that provides download links for a fee (whether directly or indirectly via a subscription model or the like) for any ARC Marine Boat Towing® product or service.
7. ARC Marine Boat Towing® Marks may not be the most prominent visual element(s) on a download page, app store marketing, or other marketing materials for your product or service. Your company name or logo, product or service name, and graphic identity must be significantly larger than ARC Marine Boat Towing® Marks. For conferences, publications, or seminars the ARC Marine Boat Towing® Marks may not appear larger or more prominent than the title or author’s name on the cover of the publication and in all materials related to the conference or seminar.
8. May not alter ARC Marine Boat Towing® Marks in any way that results in changing a ARC Marine Boat Towing® Mark’s visual appearance, including, but not limited to, combining additional words or designs with ARC Marine Boat Towing® Marks, or removing a portion or portions of ARC Marine Boat Towing® Marks.
9. Must always include the following trademark attribution statement: “All ARC Marine Boat Towing® trademarks used herein, are the exclusive property of Angel Rescue Corporation, and are used with permission.”
10. Must include a conspicuous disclaimer wherein it is made clear that Angel Rescue Corporation does not endorse or sponsor your company, any product or service offered by your company, or any publications, presentations, or distributed materials from your company. For uses of ARC Marine Boat Towing® Marks with products or services, at a minimum, the following disclaimer is an example of an acceptable disclaimer that must appear on any website or mobile application displaying a ARC Marine Boat Towing® Mark, and state in all capital letters:

“[INSERT PRODUCT or SERVICE] IS NOT AUTHORIZED, ENDORSED, OR SPONSORED BY ANGEL RESCUE CORPORATION - OWNER OF [INSERT List of ARC Marine Boat Towing® Marks used].”

For uses of ARC Marine Boat Towing® Marks in publications, presentations, or distributed material, at a minimum, the following disclaimer is an example of an acceptable disclaimer that must appear in all capital letters:

“[INSERT TITLE OF PUBLICATION, CONFERENCE or SEMINAR] IS NOT AUTHORIZED, ENDORSED, OR SPONSORED BY ANGEL RESCUE CORPORATION - OWNER OF [INSERT List of ARC Marine Boat Towing® Marks used].”
 

1. May not manufacture, sell, or give-away merchandise items, such as T-shirts and mugs, bearing ARC Marine Boat Towing® Marks.
2. Angel Rescue Corporation the right to revoke at any time, in its sole discretion, any permission granted to use ARC Marine Boat Towing® Marks, unless specifically prohibited in a separate agreement.
3. May not purchase any ARC Marine Boat Towing® Marks as ad words or advertising keywords from any search engine, social media forum, or other online venue without express written authorization from Angel Rescue Corporation, which permission may be withdrawn if these Guidelines are violated.
4. Must use an appropriate generic term after a ARC Marine Boat Towing® Mark the first time the ARC Marine Boat Towing® Mark appears in a publication and as often as possible after that. Any use of a ARC Marine Boat Towing® Mark must not be as a verb or noun and the use must always be as a descriptor acting on the goods or services being offered under the ARC Marine Boat Towing® Mark.

 

Return Policy

You may purchase merchandise from this Web site “www.arcmarinefl.org” by using any one of the payment options listed in (link to Payment Options). (ARC) Angel Rescue Corporation reserves the right to change its payment procedures at any time without prior notice to you.

(ARC) Angel Rescue Corporation has a no refund policy meaning all sales are final.

All purchases or payments for services including Donations to A.R.C. Marine Towing / Angel Rescue Corporation Organization cannot be canceled or refunded. This includes boat relocation services, all course programs, and membership services with ARC Marine Towing, Including donations to Angel Rescue Corporation.

 

Please use this form if you are inquiring to do business with ARC Marine. This make be Employment, Franchisee interest, Partnerships, Or any other business that may include any potential trade information or secrets. NDA Form here.