CHESAPEAKE BAY BERMUDA 40 ASSOCIATION

TERMS OF USE

Effective Date: December 31, 2025

1. Introduction

Welcome to b40association.org, the official website of the Chesapeake Bay Bermuda 40 Association, a non-profit association organized under Maryland law ("Association," "we," "us," or "our"). These Terms of Use govern your access to and use of our website, member portal, and related services.

By accessing or using our website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

2. About Our Association

The Chesapeake Bay Bermuda 40 Association is a private membership organization dedicated to celebrating, preserving, and sharing the rich heritage of the iconic Hinckley Bermuda 40 sailboat and connecting owners of Hinckley sailing yachts.

Our Address:

215 South Harrison Street
Easton, MD 21601
Email: [email protected]

3. Membership and Access

3.1 Membership Types

• Regular Members: Current owners of Hinckley sailing yachts active on the Chesapeake Bay and its tributaries

• Associate Members: Current or past owners of Hinckley sailing yachts, wherever located

• Honorary Members: Individuals who have rendered special services to the Bermuda 40 or our Association

3.2 Application Process

Membership applications are subject to review and approval by our Executive Board. We reserve the right to accept or decline any membership application at our sole discretion.

3.3 Member Portal Access

Approved members will receive access to our password-protected member portal, which includes directories, forums, and exclusive content.

4. Account Responsibilities

You agree to:

• Provide accurate, current, and complete information during registration

• Maintain and update your account information

• Keep your login credentials confidential

• Be responsible for all activities under your account

• Notify us immediately of any unauthorized use

5. Acceptable Use

5.1 Permitted Uses

• Access member resources and directories

• Participate in member forums and communications

• Register for events and activities

• Make membership payments

5.2 Prohibited Uses

You may not:

• Use the website for any commercial purposes

• Post or transmit harmful, offensive, or inappropriate content

• Violate any applicable laws or regulations

• Attempt to gain unauthorized access to our systems

• Interfere with the proper functioning of the website

• Harass, abuse, or harm other members

6. Content and Intellectual Property

6.1 Association Content

All content on our website, including text, images, logos, and the Bermuda 40 Association emblem, is owned by the Association or used with permission. This content is protected by copyright and other intellectual property laws.

6.2 Member-Generated Content

By posting content in our member portal or forums, you grant the Association a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display your content in connection with our operations.

You warrant that any content you post:

• Does not violate third-party rights

• Is not defamatory, obscene, or unlawful

• Complies with our community guidelines

7. Fees and Payments

7.1 Membership Dues

Annual membership dues are determined by the Executive Board and must be paid to maintain active membership status.

7.2 Event Fees

Additional fees may apply for events, cruises, and special activities.

7.3 Payment Processing

Payments are processed through Stripe or PayPal. Your payment information is handled according to their respective privacy policies and security standards.

7.4 No Refunds

All membership dues and event fees are non-refundable except as required by law.

8. Privacy and Communications

8.1 Communications Consent

By becoming a member, you consent to receive:

• Email communications regarding association business, events, and educational content

• SMS messages related to time-sensitive association matters

• Access to member directory information

8.2 Opt-Out Options

You may opt out of non-essential communications at any time by following unsubscribe instructions or contacting us directly.

9. Platform and Third-Party Services

Our website is powered by SPARK AI Hub (a Go High Level platform). We also use:

• Google Analytics for website analytics

• Stripe and PayPal for payment processing

• Various communication tools for member engagement

These services have their own terms and privacy policies, which supplement these Terms of Use.

10. Disclaimers and Limitation of Liability

10.1 Website "As Is"

Our website and services are provided "as is" without warranties of any kind. We do not guarantee uninterrupted access or error-free operation.

10.2 Limitation of Liability

To the fullest extent permitted by law, the Association shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our website or services.

10.3 Member Activities

The Association is not responsible for member interactions, transactions between members, or activities that occur outside our direct control.

11. Indemnification

You agree to indemnify and hold harmless the Association, its officers, directors, and members from any claims, damages, or expenses arising from your use of our website or violation of these Terms of Use.

12. Termination

12.1 By You

You may terminate your membership at any time by providing written notice to the Association.

12.2 By Us

We may suspend or terminate your membership and website access for:

• Violation of these Terms of Use

• Non-payment of dues

• Conduct detrimental to the Association

• Any reason deemed appropriate by the Executive Board

13. Dispute Resolution

Any disputes arising from these Terms of Use or your membership shall be resolved through:

1. Good faith negotiation

2. If necessary, mediation in Maryland

3. Final resolution through binding arbitration or Maryland state courts

14. Modifications

We reserve the right to modify these Terms of Use at any time. Material changes will be communicated to members via email or website notice. Continued use after changes constitutes acceptance of the modified terms.

15. General Provisions

15.1 Governing Law

These Terms of Use are governed by Maryland law.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

15.3 Entire Agreement

These Terms of Use, together with our Privacy Policy and Bylaws, constitute the entire agreement between you and the Association.