Welcome. These Terms of Service state the terms and conditions of use of the services of Montecito Village Travel travel agency (“Agency”), terms of travel and use of our website, montecitovillagetravel.com (the “website”). Please read these terms before using our services and/or the website. Using our services, arranging travel through us and/or using our website is voluntary by you.
Acceptance of Terms
We are Montecito Village Travel. (referred to as “we,” or “us” or “our”). Our address, which is a way to reach us as an alternative to using our website, is 3329 State Street, Santa Barbara, CA 93105.
You and each person in your group are responsible to obtain and carry a valid passport, visa and all other documents required by government(s) of the place(s) where you travel. The U.S. government advises everyone to carry at least two forms of acceptable identification in order to board a flight. The Transportation Security Administration (“TSA”) list of acceptable IDs is at www.tsa.gov/traveler-information/acceptable-ids. Name, date of birth and gender on the identification card must match exactly the same data on the airline ticket(s) and booking records.
Some countries refuse entry to a person whose passport expires within six (6) months of the date of attempted entry. A person who is not a U.S. citizen may need additional documentation.
Children and infants are not exempt. All such travel documents are required for children and infants. Children and infants traveling with one parent, or without both parents, may be denied entry, unless authenticated, verified consents are provided to authorities in the format and with content they require.
Any failure to comply with these requirements and each country’s particular or additional requirements may result in you, children or members in your group being denied boarding on a plane or other vessel, delay at security checkpoint or other travel gateway, missed flight(s), missed other transportation, missed travel bookings on cruises and tours and/or denial of entry into a country.
For more information, visit websites of the U.S. Customs and Boarder Protection agency, https://help.cbp.gov/ and TSA, www.tsa.gov; and the travel website of the U.S. State Department: https://travel.state.gov/content/travel.html. Also get information on requirements for each country where you will travel; and check each supplier’s website to investigate what travel documents you, children and all members in your group must obtain and carry.
Entry and Exit Requirements.
Each country has rules and practices regarding past criminal offenses, whether within or outside the country. Criminal offenses may include, but are not limited to felonies, misdemeanors and seemingly petty offenses, also including driving under influence of alcohol or drugs. If you have a past or current offense, whether recent or a long time ago, please directly contact authorities in that country for entry and exit requirements, also including if you are only passing through. Some additional information may be at the U.S. State Department travel website.
Agency does not control issuance of visas. You are responsible to assure that: all visas required for your trip are obtained in advance; visas for each country are valid for your entry and exit dates; personal details are accurately reflected; and your passport is valid for at least six (6) months after completion date of your trip. Issuance of a visa does not assure entry. Local immigration officials make final entry decisions. You or members of your group may be denied entry despite having a visa.
Denial or delay of entry into or through a country for any reason, and/or a country’s non-issuance of a visa, is not grounds for a refund as to any aspect of your trip.
Out of respect for privacy and other considerations it is possible our staff may not ask you about your criminal history. It is your obligation to open discussion of this subject and share this information if you wish to do so. Particularly if the subject is not brought up by you, it is your obligation to be aware of restrictions on travel that may result from any past criminal matters.
Personal safety is a concern everywhere. No place, even home, is 100% safe. Some places have greater safety risks than others. You are responsible to become and stay informed about places where you will travel, by reading current news, reviewing travel prohibitions, warnings, announcements and advisories issued by the U.S. Government prior to and after booking travel. Information on conditions in various countries and levels of risk associated with travel to particular destinations can be found at websites of the U.S. State Department www.state.gov, TSA www.tsa.gov, Department of Transportation www.dot.gov, Federal Aviation Administration www.faa.gov, U.S. Centers for Disease Control www.cdc.gov, and U.S. Customs and Boarder Protection agency www.cbp.gov.
You should consider enrolling in the U.S. Government’s free Smart Traveler Enrollment Program (STEP). Government. STEP lets U.S. citizens and nationals traveling and living abroad enroll their trip with the nearest U.S. Embassy or Consulate. STEP lets you enter information about your upcoming trip so the State Department can provide information on safety conditions to help you make informed decisions about travel plans, help the U.S. Embassy contact you in an emergency and help family and friends contact you in an emergency. Register at https://step.state.gov/step/.
PEOPLE TRAVEL TO MANY DIFFERENT DESTINATIONS. PEOPLE TRAVEL FOR MANY REASONS AND HAVE DIFFERENT RISK TOLERANCES. AGENCY’S OFFERING, ARRANGING OR ASSISTING IN ARRANGING TRAVEL TO PARTICULAR DESTINATIONS IS NOT A REPRESENTATION OR WARRANTY THAT TRAVEL TO THOSE PLACES IS ADVISABLE, SAFE, RISK FREE, OR OF TOLERABLE OR ACCEPTABLE RISK. AGENCY AND ITS PERSONNEL SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES, ALSO INCLUDING PERSONAL INJURY, DELAY, CRIME, DEATH, INJURY TO OR LOSS OF PROPERTY, THAT MAY RESULT IN OR DURING OR AS RESULT OF TRAVEL TO ANY DESTINATION. YOU ASSUME AND ACCEPT, FOR YOURSELF AND YOUR GROUP, ALL SAFETY AND OTHER RISKS ASSOCIATED WITH YOUR TRAVEL.
Authority and Responsibility
You warrant that you are at least 18 years of age and have full legal authority to make travel bookings with Agency and agree to these terms. You agree to be financially responsible for all your travel bookings and use of your account by others, also including, without limitation, any minors using your account.
You agree to supervise all use of Agency communications by minors and others using your account. You warrant that all information supplied by you or members of your household transacting business with Agency is true and accurate.
Certain Reservations are Prohibited
You agree to make only legitimate travel reservations with and through Agency. You agree not to make or attempt to make any reservation with intent to cancel after benefitting from a promotion, any speculative, false, or fraudulent reservation or any reservation in anticipation of benefitting from demand, without intent to use the reserved travel.
Separate supplier terms may apply to your reservation and purchase of travel-related services and merchandise you select. You agree to abide by the terms and conditions imposed by Agency and any supplier you elect to deal with, or with whom Agency deals on your behalf, including but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions on availability and use of fares, products, or services. Violation of a supplier’s terms may result in cancellation of reservation(s) or purchase, denial of access to flight, hotel, cruise, or automobile, forfeiting monies paid for reservation or purchase, charging your account for costs incurred due to a violation and other relief. You shall be responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through Agency.
Booking on Third Party Sites
You authorize Agency to book on third party sites to aid in fulfilling your travel requests. You ratify Agency’s actions on your behalf, including acceptance of third party terms that limit your rights, and you agree to bound by such actions. In an inconsistency, conflict or ambiguity of terms, Agency shall have the right to benefit from the interpretation, construction and choice of terms that are most favorable to Agency in each instance
Payment and Cancellation
Final payment is due the length of time prior to departure set by terms of each supplier involved in your booking or tour (airline, hotel, cruise line, transfer company, sightseeing operators and other travel service providers). If full payment is not received by the due date, your reservation may be cancelled without additional notice and deposits will be forfeited. Some supplier terms specify that there is no refund after a booking is made and paid for. Your ability to obtain a refund if you change or cancel travel plans is limited.
All cancellation requests must be sent in writing to Agency. Agency and third-party supplier cancellation charges may apply. These are typically stated in either the travel documentation, this website, or each supplier’s website. If you have any questions, or any cancellation charges are unclear, please contact your Agency representative. Cancellation charges will be charged to the credit card you authorized to pay for travel services, or in the case of a supplier refund, may be deducted from the refund.
Your Responsibility to Arrange Air Travel and Transportation to and from Home
Unless stated in writing, airline reservations are not included in your travel plans. You are responsible to arrange air travel and your transportation from home or other location where your travel originates and to your home or other location where your travel ends. Agency shall not be responsible for air or ground schedule changes.
Departure Taxes; Check-In
In some countries, on departure from the country, departure taxes must be paid in cash and may vary. You must check-in at least 2 hours before scheduled departure time for domestic flights and at least 3 before scheduled departure time for international flights. You are responsible to reconfirm flight times at least 24 hours before scheduled departure time for domestic flights, and at least 72 hours before international flights. Failure to use a reservation may result in automatic cancellation of all continuing and return flights, and forfeiture of airfares.
You determine when to place your booking. Booking earlier reduces the risk of being unable to book due to travel being fully booked and reduces the risk of late booking fees.
No Refund for Unused Arrangements
There is no refund for any unused portion of a travel booking. Some group tours are based on minimum numbers of passengers. If the number of passengers does not meet or falls below the required minimum, a surcharge may be imposed or the tour may be canceled.
Currency exchange rates fluctuate. Prices are subject to change based on currency exchange rate fluctuations.
Changes to Confirmed Bookings.
We do not assure you will be able to change a confirmed booking. Changing a confirmed booking, if possible, may involve additional charges. The possibility of additional charges does not assure that a change is possible.
You are responsible to obtain and have required documentation of immunizations before travel and to comply with security rules of government authorities. Agency shall not be responsible for accuracy of health requirements or vaccination and/or documentation prior to departure or on landing at any destination. Prior to travel, required inoculations must be recorded by your health care professional on a valid vaccination certificate, which you must carry for proof of inoculation where required. You are urged to also consult your health care professional regarding medications and inoculations, before booking.
Each airline and cruise line has its own policy and many restrict travel or require a doctor’s note or other documentation to travel after a specified stage of pregnancy. Some airlines and cruise lines do not permit travel after a specified stage of pregnancy. Agency does not set airline or cruise line policies. You are responsible to check the policy of the airline or cruise line and to comply with their policy.
Government Information Sources
You are urged to check government websites for information. Information on health issues in some destinations may be obtained at the U.S. State Department website http://travel.state.gov, and U.S. Centers for Disease Control website http://wwwnc.cdc.gov/travel/. Information on security, safety issues, crime, requirements regarding travel documentation such as passports, visas, proof of health/vaccination certificates, health hazards and other restrictions regarding travel to some domestic and/or international destinations and re-entry to the United States is at the websites of TSA www.tsa.gov, U.S. Department of Transportation www.dot.gov, Federal Aviation Administration www.faa.gov. U.S Treasury www.ustreas.gov and U.S. Customs and Border Protection Agency www.cbp.gov. Non-USA citizens may wish to check the website of U.S. Citizenship and Immigration Services www.uscis.gov. The information in these sites is provided by the government, not by Agency. We do not represent that the information is complete or accurate.
Issuer of Passport
You are responsible to inform Agency if you are traveling on a passport from a country other than the United States.
Prohibitions and Restrictions on Hazardous Materials
U.S. law and airlines prohibit bringing hazardous materials on aircraft on your person or in luggage. Violation can result in prison and large monetary penalties. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, radioactive materials and many other items. A few examples include paint, fireworks, flares, gasoline, gun powder, lighter fluid, liquid bleach, propane, sparklers, spray-paint and tear gas. Many other items are also prohibited. Some other items may be allowed in checked luggage but may not be carried onto the aircraft. For example, small quantities of some medicine and personal care liquids (typically limited to 3.4 ounces) may be carried in passenger luggage. You are responsible to contact the airline(s) to obtain information on airline rules and policy. Information on hazardous materials restrictions is available at websites of TSA www.tsa.gov/traveler-information/prohibited-items and the Federal Aviation Administration http://www.faa.gov/about/initiatives/hazmat_safety/.
International law lets airlines spray insecticide inside the cabin to protect public health, agriculture and the environment. This may involve spraying the cabin with insecticide while passengers are on board or spraying or treating inside surfaces with insecticide while passengers are not on board. Some countries require airlines to treat the cabin with insecticides while passengers are on board. You can see a list of these countries and other information about insecticide treatment of aircraft at the Department of Transportation website www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
E-tickets typically expire one year from issue date unless the carrier specifies otherwise in the passenger itinerary. There is no refund for an expired e-ticket.
Limitations of Responsibility and Disclosure.
Agency does not perform or provide your travel. Agency does not own or operate any vessel, lodging or other mode of travel. Agency acts only as booking agent for supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“suppliers”). Agency is not the source or provider of travel services. Each supplier is an independent entity with its own policies, procedures, personnel and management. Suppliers are not under Agency control. Suppliers identified in travel documentation are responsible to provide the travel services purchased.
Bookings are accepted by Agency as agent for travel suppliers. Transportation, accommodations and other services provided by the sea, ground, air and other suppliers are according to the terms in the tickets, exchange orders, vouchers, websites and other documentation issued, posted or published by them and/or their suppliers. You acknowledge that each supplier has its own terms. You consent to the use of the suppliers. You agree to the terms of each particular supplier.
LIMITATION AND DISCLAIMER OF LIABILITY
BECAUSE AGENCY ACTS AS AGENT FOR SUPPLIERS AND DOES NOT CONTROL OR HAVE THE RIGHT TO CONTROL OPERATIONS OF INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE AGENCY IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR OTHER LOSS, INJURY OR DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. AGENCY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH SERVICES OR MERCHANDISE PROVIDED BY ANY SUPPLIER BOOKED THROUGH AGENCY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ACTUAL OR CLAIMED ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILFUL ACT, OMISSION OR OTHERWISE OF A SUPPLIER, OR OF THEIR SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES AND OTHER MATTERS OUTSIDE AGENCY’S CONTROL. YOU WAIVE, RELEASE AND EXONERATE AGENCY AND YTS’S OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS FROM ANY LIABILITY WITH RESPECT TO EACH AND ALL OF THE FOREGOING.
Americans With Disabilities Act
The Americans with Disabilities Act (“ADA”) and other laws and practices that assist persons with special needs and disabilities apply within the United States. Tour providers and service providers outside the United States may or may not comply with the ADA and other practices common in the United States. In many places outside the United States, facilities for disabled persons are limited compared to within the United States. Agency welcomes customers with special needs and disabilities and seeks to provide enjoyable, and memorable travel experiences for all customers. To assist us to do so, please note the following:
Agency seeks to honor the price originally quoted. In some circumstances prices may go up due to increase in cost for one or more travel components. Prior to full payment, prices including US air transactions or air tours (in, to, or from the U.S.) could increase for certain travel services, including: seat, baggage, fuel surcharge, or increase in government imposed tax or fee. US air transaction or air tour prices will not increase after making full payment, except for charges resulting from government-imposed taxes or fees. Some suppliers reserve the right to increase prices to cover increased costs, fuel surcharges, tariffs and taxes, and changes in currency exchange rates. You acknowledge and accept these conditions as applicable to your purchase. You authorize Agency to charge your credit card for such additional amounts. This consent applies to all travel arranged by Agency for you and your group.
We have no control over weather. Hoped for, or undesired weather conditions, including but not limited to presence or absence of snow, sunshine, wind, rain, warm, mild or cold temperatures, and all other possible weather conditions are not guaranteed to occur or not occur. Volcanic eruptions, ash clouds, wind and various other events and conditions may be characterized as adverse weather condition or natural disaster by suppliers and your travel insurance company. That is beyond Agency’s control. Agency reserves the right for itself and suppliers to adjust, modify and/or cancel any itinerary or part(s) of any itinerary as Agency or a supplier deems necessary. Agency shall not be responsible for air, water and/or ground schedule changes or other adjustments, modifications and/or cancellations.
Agency shall be deemed not to be in breach of these Terms and Conditions and not to be liable to you, by reason of delay in performance, or non-performance, of any of Agency’s obligations to the extent delay or non-performance is due to any circumstance beyond Agency’s control, including, but without limitation, act of God, explosion, flood, tempest, wind, fire or accident, war or threat of war declared or undeclared, terrorism, sabotage, embargo, shortage of labor, labor strike or other labor strife, change in law or regulation, insurrection, riot, strike, civil disturbance, requisition, sickness, quarantine, government intervention, pattern of crime in an area, disease, weather condition, defect in machinery or vehicle, delay, wildlife, or other occurrence, condition or circumstance beyond Agency’s control (collectively, “Force Majeure”).
Agency or any supplier affected by Force Majeure shall be entitled to, and may in its discretion, vary, adjust, modify or cancel any itinerary or arrangement or part thereof in relation to your trip. Agency shall have no obligation to make any full or partial refund, and whether or not to voluntarily do so, despite absence of obligation, shall be at Agency’s discretion.
Changes in Travel Plans. Changes in itinerary may be made for any number of reasons, including but not limited to weather or other Force Majeure, at the discretion of Agency and suppliers. Changes may include, but are not limited to making a reasonably comparable replacement to any property, supplier, activity or area or other aspect of the travel.
AGENCY MAKES AVAILABLE ACCESS TO VARIOUS OPTIONAL SERVICES AND PRODUCTS SEEKING TO ENHANCE YOUR TRAVEL EXPERIENCE AND REDUCE RISKS OF LOSS. OPTIONS SUCH AS TRAVEL INSURANCE HELP REDUCE RISKS OF LOSS OF INVESTMENT FOR SOME OR ALL OF SUCH RISKS AS SUPPLIER DEFAULT OR BANKRUPTCY, DELAY, INTERRUPTION, MISSED CONNECTION, CANCELLATION, MEDICAL EMERGENCY, EVACUATION, LOST BAGGAGE & PERSONAL EFFECTS, ILLNESS, JOB LOSS, CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT OR SICKNESS, AND MEDICAL EXPENSES. UNLESS SPECIFICALLY NOTED, TRAVEL INSURANCE IS NOT INCLUDED IN THE PRICE OF THE ITINERARY. TRAVEL INSURANCE MAY PROVIDE SOME PROTECTION TO YOU FROM FINANCIAL LOSS IN SOME OF THE ABOVE CIRCUMSTANCES. You acknowledge there is no refund from Agency or suppliers if you cancel or interrupt your travel for any reason and, moreover, Agency’s and travel supplier cancellation charges will apply, resulting in loss of monies up to the full cost of your travel booking and related costs. Purchase of travel insurance is not required. Agency personnel are not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any insurance, nor evaluate adequacy of insurance. Additional charges apply for travel insurance.
LIMIT OF LIABILITY
AGENCY RECEIVES ONLY OR MAINLY COMMISSIONS AND FEES FOR TRAVEL TRANSACTIONS. YOU AGREE THAT ANY LIABILITY AND RECOVERY FROM Agency WILL BE LIMITED TO AND IN NO EVENT EXCEED COMMISSIONS AND FEES PAID BY YOU AND ACTUALLY RECEIVED BY Agency IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Agency reserves the right to make any use whatsoever of photos and videos that include you and/or your group, made at any event or travel activity, without compensation. You are deemed to consent to appearance of you and members of your group in the photo and/or video and use thereof by Agency. Uses may include but are not limited to brochures, invitations, books, newspapers, magazines, television, websites, videos, documentaries, and any other forms of advertising, marketing, publicity, reporting and literature. Any person desiring not to have their photo or video taken or distributed must notify Agency in writing at info@Agencytravel.com, prior to the start of travel and/or prior to the making of the photograph and/or video, include a photograph of such person, and receive a written reply acknowledging the person’s request. The request is not valid unless/until Agency has replied.
Use of Website
You can use our website https://montecitovillagetravel.com, to obtain information about us, our services, our team and travel opportunities.
Access to Our Website
Access to our website is permitted to you only on a temporary basis. We reserve the right to modify any content or functionality at any time, without notice. We will not be liable if for any reason our website is unavailable for any period, whether or not the unavailability was in our control. From time to time, we may restrict access to parts of our website, or our entire website.
You are responsible to make any arrangements needed for you to access our Website and to ensure that all persons who access our Website through your internet connection are aware of these terms, and comply with them.
The right to use the Website is personal to you and is not transferable to any other person or entity.
You may use our Website only for lawful purposes. You must not use our Website: any way that violates federal, state or local law or regulation; any way that has unlawful or fraudulent purpose or effect; to harm or try to harm us or any person or entity; any way that could disable, overburden, damage, or impair our Website or interfere with anyone else’s use of our Website. You agree not to reproduce, duplicate, copy, re-sell or purport to re-sell any part of our Website, or any service available through our Website and not to access without authority, interfere with, damage or disrupt any part of our Website or any software used in our Website or equipment or network or software owned or used by any third party.
If we determine a breach of these Acceptable Use Provisions may have occurred through your use of our Website, we may take whatever action we deem appropriate.
Violating these provisions is a breach of these terms and may result in us blocking your access to our site, legal action and exercise of all available rights and remedies.
All or substantially all content in our Website is owned by or licensed to us and is protected by United States and international copyright laws, except for any works of the United States government. This includes text, images, artwork, any sound, and all other content, elements and aspects of our Website. We retain all rights to the contents of our Website. The contents of our Website may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from us, except as follows: Permission is granted to view and print materials from our Website for the non-commercial purpose of personal viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on our Website, whether in electronic or hard copy, without our express prior written consent is prohibited.
You must not infringe any intellectual property rights or use any part of the content on our Website for any commercial purpose without getting a license or permission in writing from us. You must not use any of our trademarks or trade names without our written consent.
Agency’s name and trademark and other trademarks and service marks (including logos and designs) on our Website are trademarks or service marks of specified organizations and the goods or services of the organizations. These marks may not be used without the organization’s prior written consent.
The Website is not directed to persons under 18 years of age. Persons under age18 must not use the website or services offered or submit any individually identifiable information about themselves.
Links to Third-Party Websites
If at any time our Website provides any link(s) to any third party(s) sites, the link(s) are for information and convenience only. We do not control contents of those sites and accept no responsibility for them or for loss or damage that may arise from your use of or accessing them. You agree that Agency will have no liability arising from content, use of or any other matter or event arising from or relating to any link(s) to or use of another website.
Disclaimers and Limitations of Liability
THE CONTENTS OF OUR WEBSITE ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY CONTENT, OR ACCESSIBILITY OF OUR WEBSITE.
AS EXAMPLES, WE DO NOT WARRANT THAT ACCESS WILL BE AVAILABLE ALL TIMES, OR WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC OR OTHER ERRORS; OR THAT OUR WEBSITE OR ANY SERVER IS FREE FROM VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER CONTENT OR ELEMENTS THAT ARE MALICIOUS OR HARMFUL OR FREE FROM DELAY OR FAILURE TO PERFORM WHETHER DUE TO OR CAUSED BY FACTORS WITHIN OR BEYOND OUR CONTROL.
YOU AGREE THAT WE AND OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISCLOSURE OF PRIVATE INFORMATION; PROPERTY DAMAGE OR LOSS, OR INJURY OR DAMAGE OR FAILURE OR DELAY OF TRAVEL OR LOSS OF OR LOSS OF USE OF ANY PROPERTY OR DEVICE OR LOST REVENUE, INCOME OR PROFIT ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICE, EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY US AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT WE ARE UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE OUR WEBSITE AND/OR OUR SERVICE.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF TRAVEL, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA, OR OTHER DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, CONTENT ON THIS WEBSITE, ANY SERVICE OR PRODUCT YOU OBTAIN THROUGH THE USE OF THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall our total liability to you for all damages exceed $____ U.S. dollars. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, AGREE TO AND RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THIS WEBSITE; SERVICES OR PRODUCTS YOU OBTAIN THROUGH USE OF THIS WEBSITE; INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THIS WEBSITE; OR USE OR EXPOSURE OR RELEASE OF INFORMATION YOU PROVIDED US THROUGH THIS WEBSITE.
Information About You; Information You Provide
Viruses, Hacking and Other Offences
You must not misuse our Website by introducing any virus, trojan horse, worm, time-bomb, logic bomb, keystroke logger, spyware, adware or other material which is malicious or harmful. You must not try to gain or actually gain unauthorized access to our Website, any server or other facility on which our Website or its elements are stored or any server, computer, database or other facility connected to our Website. You must not attack our Website by a denial-of-service attack or distributed denial-of service attack or similar kind of activity.
We are not liable for loss or damage caused by a distributed denial-of-service attack, virus or other harmful material that may infect your device, equipment, program, data or other proprietary material due to your use of our Website or to your downloading any material posted on our Website, or on any website linked to our Website.
Linking to Our Site
You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or make unauthorized or unlawful use of our property and/or content. Your link must not suggest or imply any association, approval or endorsement by us.
If you wish to use material on our site other than stated in these terms, please address your inquiry to us at firstname.lastname@example.org or our mailing address shown in these terms.
Content or Copyright Complaints
We seek to respect intellectual property of others. If you believe any content in our Website may infringe your copyright or other rights, please provide our copyright agent the following information:
(i) electronic or physical signature of person authorized to act on behalf of owner of claimed copyright;
(ii) description of copyrighted work you claim is infringed;
(iii) location and description in our site where the material is located that you claim is infringing;
(iv) your name, address, phone number and e-mail address;
(v) statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
(vi) statement by you, under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on our site is:
DMCA Copyright Agent
Waiver and Severance
We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible to comply with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the state, territory or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country on which the U.S. has placed an embargo or other applicable restriction, including without limitation (at June 2018), Crimea – Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria; (b) by anyone in the U.S. Treasury Department’s Specially Designated national list, (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders; or (d) from or to any other place or anyone else, in violation of a restriction established by any department of the U.S. government. You represent and warrant that you are not in, or under the control of, or a national or resident of any such country or on any such list.
Law and Forum
Time Limit to Bring Claims
Third Party Beneficiaries
If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions. The headings in these terms are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these terms. These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us. Waiver of any term or condition on one occasion is not a waiver as to other occasions.
You may contact us by sending an e-mail to email@example.com, or writing to us at 3329 State Street, Santa Barbara, CA 93105 for all questions. If you have any concern about the Website or these terms, please send an e-mail or write to us at the above address. We’ll make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention. We do not assure that we will be able to do so.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.