Terms & Conditions
Terms & Conditions
Last updated: 2 May 2007
By reading or using any of the resources on California Tourist Guide.com (the “Website”), you are entering into an agreement (“Agreement”) with California Tourist Guide, Inc., with respect to your use of the information published on the Website or your advertising or posting any information on the Website. If you do not wish to be bound by this Agreement, do not use the Website.
Introduction
1.1 This website, CaliforniaTouristGuide.com (“the Website”) is owned and operated by California Tourist Guide, Inc. (“us,” “we,” “ours,” etc. or “CTG”), a California corporation with a main office 2050 Gateway Place, Suite 100-200, San Jose, CA 95110
1.2 You (“you,” “yours” etc.) are either a consumer of the information (a “Tourist”) or an advertiser (“Lister” or “Advertiser”) submitting content for publication on the Website.
1.3 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Website. If at any time you do not agree or consent to the Terms, you may not use the Website. Please print and retain the Terms for your records.
Use of the Website
2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Website at our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Website or part of it. We may have to suspend the Website from time to time to carry out maintenance and to make upgrades.
2.2 You agree not to do or cause to be done anything which might interfere with the proper working of the Website.
2.3 You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website (save for these Terms) without our prior written permission.
2.4 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.
2.5 If you submit any contribution to the Website (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, adapt, publish, translate, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution us. By submitting your contribution to this Website, you warrant that such contribution is:
2.5.1 your own original work and/or that you have the right to make it available to us for all the purposes specified above; and that it doesn’t infringe the intellectual property rights of any party;
2.5.2 not defamatory, knowingly false or misrepresentative of another person; not being used to abuse, harass, stalk or threaten a person or persons; not a violation of any obligation of confidentiality or the privacy, publicity, moral or any other right of any third party;
2.5.3 truthful and complete;
2.5.4 free of viruses, worms, Trojan Horses or other “malware”;
and
2.5.5 does not infringe any law, contractual obligations or the rights of third parties.
2.6 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.5.
2.7 We shall provide you with a confidential username and password to enable you to access parts of the Website. You must maintain the confidentiality of your username and password and must reveal them to no one. You must immediately notify us if you know or suspect that your username and/or password have been disclosed to any other person.
Disclaimers
3.1 Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from the United States. We make no representation that anything referred to in the materials on this Website is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United States are responsible for compliance with local laws if and to the extent local laws are applicable.
3.2 Although we make some efforts to ensure the details on this Website are correct, please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any of the content of this Website, especially those supplied by Advertisers. You may not rely on any information in the Website. (If data are important to you, confirm them with the source before relying on them.) There may be occasions when some of the information featured on the Website may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are unintentional, and we apologize for any inconvenience which this might cause.
3.3 Given the unpredictability of technology, we do not warrant (either expressly or impliedly) that the Website will meet your data processing requirements, that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful elements. As a condition of becoming a user of the Website, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Website applicable from time to time. We shall not be liable for damages of any kind and howsoever arising, including but not limited to damage caused by viruses, worms or Trojan horses related to your use of, or inability to access or properly use, any part of the Website.
3.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including negligence) except as provided in clause 3.6 below, arising directly or indirectly in connection with these Terms, the use of the Website or any of the materials contained in it, or as a result of withdrawing and/or screening, editing or removing any materials or content on the Website or otherwise, except that which is unlawful to exclude.
3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Website, its use, the lack of availability of the Website or any part of it or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.
3.6 We do not exclude liability for death or personal injury arising as a result of the gross negligence by us, our employees, agents or authorized representatives.
3.7 You shall indemnify us in respect of all costs (including legal costs on a full indemnity basis), losses, expenses and claims in respect of or in connection with:
3.7.1 any improper use by you of the Website;
3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations; and
3.7.3 any claim brought against us as a result of or in connection with your actions or omissions.
3.8 The colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that any monitor’s display of any color, texture, or detail of graphics or visual elements of the Website will be accurate.
Intellectual Property
4.1 All brand names, product and service names and copyrights used in this Website (“the Marks”) are Marks of their respective holders. All goodwill associated with the Marks or with our trade names or marks shall inure solely to the benefit of their respective holders or with us, and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.
4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.
4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of us or our licensors and any use of materials on this Website without our prior written consent is strictly prohibited.
Privacy Policy
5.1 Our privacy policy is posted in a separate document, and the terms set forth therein are incorporated here by this reference. See www.californiatouristguide.com/ctg002.asp
Hyperlinks
6.1 Certain hypertext links in this Website will lead to websites which are not under our control. When you activate any of these, you will leave our Website. We have no control over the material on any of these linked websites.
6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.
Our Services
7.1 This Website is a guide to services. We do not buy or sell goods. Any goods or services advertised for sale on the Website are offered for sale by the third party whose name and address appears alongside the item on the Website (“the Seller”) and are subject to availability.
7.2 If you order a Seller’s goods or services through this Website, you do so on the terms and conditions of that Seller. Please ensure you read such terms and conditions.
7.3 You shall be responsible for ensuring the accuracy of any order (including any applicable specification) submitted by you and for giving us any necessary information within a sufficient time to enable us to place your order with the relevant Seller.
7.4 We will notify the Seller of the details you have given us. All orders shall be deemed to be an offer by you to purchase goods or services pursuant to the relevant Seller’s terms and conditions. Acknowledgement of your order by the Seller shall be deemed acceptance of your offer. When you order goods or services through the Website we will, if so requested by the Seller, send you an order confirmation which will summarize the order.
7.5 We are not involved in the actual transaction between you and the Seller and the enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Seller (as applicable). We are not obliged to mediate between parties or enforce or execute fulfillment of any contract.
7.6 You acknowledge that your failure to fulfill your obligations under the Seller’s terms and conditions may be legally actionable by the Seller.
Advertising; Prepayment; Satisfaction Guaranteed
8.1 Advertisers may enter into agreements with CTG from time to time to advertise their services or goods on the Website. The specifications of the listing, and the cost of same, is set forth on an order form (“Order”) entered into at that time, and the Order incorporates these Terms by reference. This section 8 shall apply to Orders to the extent not directly in conflict with a term in the Order. Any conflict between an explicit term in an Order and the terms of the section 8 will be resolved in favor of the Order, which is controlling.
8.2 All Orders must be prepaid prior to publication. The effective date of the Order is the date the Order confirmation is agreed to by the Advertiser. The publication date is the later to occur of the effective date and the date of receipt of good funds. By way of example only, if an Order for an annual listing is signed on September 10 and funds are received on September 15, the listing will be published on the latter date, and the listing will expire on September 10th of the following year.
8.3 Although advertising is normally purchased as an annual agreement, we believe that each party should have the right to cancel the advertising at any time for any reason, in which case a pro-rata refund shall be returned to the advertiser within 30 days. CTG has a “satisfaction guaranteed” policy. Accordingly, any Lister who is not satisfied with the service, for any reason, may cancel the advertisement, in which case CTG will drop the Advertiser’s listing or advertisement and refund the unused portion of the prepaid fee.
Force Majeure
9.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.
9.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.
General
10.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 California law is applicable to any contract made under the Terms. The California courts in Santa Clara County have exclusive jurisdiction.
10.3 If you are more than one person, each of you has joint and several obligations under the Terms.
10.4 If any of the Terms are unenforceable as drafted:
10.4.1 it will not affect the enforceability of any other of these terms; and
10.4.2 if it would be enforceable if amended, it will be treated as so amended.
10.5 Any notice which is to be served under the Terms may be served:
10.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and
10.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.
All such notices must be signed.
10.6 No contract will create any right enforceable by any person who is not as party to these Terms or to the contract.
10.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.
10.8 Any queries, complains or comments about the Website, these Terms or any other matter related to CTG should be directed to the owners at “ownersCaliforniaTouristGuidecom”.
Terms of Service and User Agreement
By reading or using any of the resources on California Tourist Guide.com (the “Website”), you are entering into an agreement (“Agreement”) with California Tourist Guide, Inc., with respect to your use of the information published on the Website or your advertising or posting any information on the Website. If you do not wish to be bound by this Agreement, do not use the Website.
Introduction
1.1 This website, CaliforniaTouristGuide.com (“the Website”) is owned and operated by California Tourist Guide, Inc. (“us,” “we,” “ours,” etc. or “CTG”), a California corporation with a main office 2050 Gateway Place, Suite 100-200, San Jose, CA 95110
1.2 You (“you,” “yours” etc.) are either a consumer of the information (a “Tourist”) or an advertiser (“Lister” or “Advertiser”) submitting content for publication on the Website.
1.3 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Website. If at any time you do not agree or consent to the Terms, you may not use the Website. Please print and retain the Terms for your records.
Use of the Website
2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Website at our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Website or part of it. We may have to suspend the Website from time to time to carry out maintenance and to make upgrades.
2.2 You agree not to do or cause to be done anything which might interfere with the proper working of the Website.
2.3 You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website (save for these Terms) without our prior written permission.
2.4 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.
2.5 If you submit any contribution to the Website (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, adapt, publish, translate, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution us. By submitting your contribution to this Website, you warrant that such contribution is:
2.5.1 your own original work and/or that you have the right to make it available to us for all the purposes specified above; and that it doesn’t infringe the intellectual property rights of any party;
2.5.2 not defamatory, knowingly false or misrepresentative of another person; not being used to abuse, harass, stalk or threaten a person or persons; not a violation of any obligation of confidentiality or the privacy, publicity, moral or any other right of any third party;
2.5.3 truthful and complete;
2.5.4 free of viruses, worms, Trojan Horses or other “malware”;
and
2.5.5 does not infringe any law, contractual obligations or the rights of third parties.
2.6 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.5.
2.7 We shall provide you with a confidential username and password to enable you to access parts of the Website. You must maintain the confidentiality of your username and password and must reveal them to no one. You must immediately notify us if you know or suspect that your username and/or password have been disclosed to any other person.
Disclaimers
3.1 Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from the United States. We make no representation that anything referred to in the materials on this Website is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United States are responsible for compliance with local laws if and to the extent local laws are applicable.
3.2 Although we make some efforts to ensure the details on this Website are correct, please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any of the content of this Website, especially those supplied by Advertisers. You may not rely on any information in the Website. (If data are important to you, confirm them with the source before relying on them.) There may be occasions when some of the information featured on the Website may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are unintentional, and we apologize for any inconvenience which this might cause.
3.3 Given the unpredictability of technology, we do not warrant (either expressly or impliedly) that the Website will meet your data processing requirements, that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful elements. As a condition of becoming a user of the Website, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Website applicable from time to time. We shall not be liable for damages of any kind and howsoever arising, including but not limited to damage caused by viruses, worms or Trojan horses related to your use of, or inability to access or properly use, any part of the Website.
3.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including negligence) except as provided in clause 3.6 below, arising directly or indirectly in connection with these Terms, the use of the Website or any of the materials contained in it, or as a result of withdrawing and/or screening, editing or removing any materials or content on the Website or otherwise, except that which is unlawful to exclude.
3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Website, its use, the lack of availability of the Website or any part of it or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.
3.6 We do not exclude liability for death or personal injury arising as a result of the gross negligence by us, our employees, agents or authorized representatives.
3.7 You shall indemnify us in respect of all costs (including legal costs on a full indemnity basis), losses, expenses and claims in respect of or in connection with:
3.7.1 any improper use by you of the Website;
3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations; and
3.7.3 any claim brought against us as a result of or in connection with your actions or omissions.
3.8 The colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that any monitor’s display of any color, texture, or detail of graphics or visual elements of the Website will be accurate.
Intellectual Property
4.1 All brand names, product and service names and copyrights used in this Website (“the Marks”) are Marks of their respective holders. All goodwill associated with the Marks or with our trade names or marks shall inure solely to the benefit of their respective holders or with us, and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.
4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.
4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of us or our licensors and any use of materials on this Website without our prior written consent is strictly prohibited.
Privacy Policy
5.1 Our privacy policy is posted in a separate document, and the terms set forth therein are incorporated here by this reference. See www.californiatouristguide.com/ctg002.asp
Hyperlinks
6.1 Certain hypertext links in this Website will lead to websites which are not under our control. When you activate any of these, you will leave our Website. We have no control over the material on any of these linked websites.
6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.
Our Services
7.1 This Website is a guide to services. We do not buy or sell goods. Any goods or services advertised for sale on the Website are offered for sale by the third party whose name and address appears alongside the item on the Website (“the Seller”) and are subject to availability.
7.2 If you order a Seller’s goods or services through this Website, you do so on the terms and conditions of that Seller. Please ensure you read such terms and conditions.
7.3 You shall be responsible for ensuring the accuracy of any order (including any applicable specification) submitted by you and for giving us any necessary information within a sufficient time to enable us to place your order with the relevant Seller.
7.4 We will notify the Seller of the details you have given us. All orders shall be deemed to be an offer by you to purchase goods or services pursuant to the relevant Seller’s terms and conditions. Acknowledgement of your order by the Seller shall be deemed acceptance of your offer. When you order goods or services through the Website we will, if so requested by the Seller, send you an order confirmation which will summarize the order.
7.5 We are not involved in the actual transaction between you and the Seller and the enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Seller (as applicable). We are not obliged to mediate between parties or enforce or execute fulfillment of any contract.
7.6 You acknowledge that your failure to fulfill your obligations under the Seller’s terms and conditions may be legally actionable by the Seller.
Advertising; Prepayment; Satisfaction Guaranteed
8.1 Advertisers may enter into agreements with CTG from time to time to advertise their services or goods on the Website. The specifications of the listing, and the cost of same, is set forth on an order form (“Order”) entered into at that time, and the Order incorporates these Terms by reference. This section 8 shall apply to Orders to the extent not directly in conflict with a term in the Order. Any conflict between an explicit term in an Order and the terms of the section 8 will be resolved in favor of the Order, which is controlling.
8.2 All Orders must be prepaid prior to publication. The effective date of the Order is the date the Order confirmation is agreed to by the Advertiser. The publication date is the later to occur of the effective date and the date of receipt of good funds. By way of example only, if an Order for an annual listing is signed on September 10 and funds are received on September 15, the listing will be published on the latter date, and the listing will expire on September 10th of the following year.
8.3 Although advertising is normally purchased as an annual agreement, we believe that each party should have the right to cancel the advertising at any time for any reason, in which case a pro-rata refund shall be returned to the advertiser within 30 days. CTG has a “satisfaction guaranteed” policy. Accordingly, any Lister who is not satisfied with the service, for any reason, may cancel the advertisement, in which case CTG will drop the Advertiser’s listing or advertisement and refund the unused portion of the prepaid fee.
Force Majeure
9.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.
9.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.
General
10.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 California law is applicable to any contract made under the Terms. The California courts in Santa Clara County have exclusive jurisdiction.
10.3 If you are more than one person, each of you has joint and several obligations under the Terms.
10.4 If any of the Terms are unenforceable as drafted:
10.4.1 it will not affect the enforceability of any other of these terms; and
10.4.2 if it would be enforceable if amended, it will be treated as so amended.
10.5 Any notice which is to be served under the Terms may be served:
10.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and
10.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.
All such notices must be signed.
10.6 No contract will create any right enforceable by any person who is not as party to these Terms or to the contract.
10.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.
10.8 Any queries, complains or comments about the Website, these Terms or any other matter related to CTG should be directed to the owners at “owners