Terms & Conditions – Last Updated on 9/3/2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS TO, AND USE OF, THIS WEB SITE PROVIDED BY BE THE TOURIST, LLC (THE “COMPANY”). ADDITIONAL TERMS MAY APPLY TO YOUR ACCESS AND USE OF DIFFERENT PORTIONS OF THIS WEBSITE; ANY ADDITIONAL TERMS WILL BE POSTED IN THE “TERMS AND CONDITIONS” SECTION ASSOCIATED WITH THAT PARTICULAR PORTION OF THE WEBSITE. IF YOU USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This page sets forth the terms and conditions under which Be The Tourist (“we” or “us”) provides information on this web site and the terms and conditions governing your use of this site.
Information on this web site may be changed, updated or deleted by us without notice. By accessing and using this site, you acknowledge that you have read, understood and agreed to these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, do not continue to use or access this site.
Please check these Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of changes indicates your acceptance of any and all changes to the Terms and Conditions of Use, and your use of the site will be subject to the then-current version of the Terms and Conditions of Use.
If you violate any of these Terms and Conditions of Use, your authorization to use the Website automatically terminates, and we shall be entitled to seek all other available legal or equitable relief or remedies.
Except where otherwise expressly indicated, all materials and information contained on this web site are the copyrighted property of Be The Tourist. Be The Tourist logo, and all other service marks and the names of various products and services described within and offered by are service marks or trademarks of Be The Tourist.
© 2017 Be The Tourist, All Rights Reserved
License and Reproduction
Original material of the Company and/or any affiliate or subsidiary of the Company (the “Affiliates”) posted on this Website is protected by intellectual property laws. You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate this Website solely for your personal, non-public use. You are also granted a limited and revocable license to print copies of any content accessible through this Website (the “Content”), but solely for your personal, non-public use. Except as expressly provided above, all rights are reserved. Any commercial or public use of THIS Website or any content is strictly prohibited. Except as expressly provided above, no portion of this Website, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of the Company or an Affiliate (collectively, the “Intellectual Property”) displayed on this Website or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of the Company or the Affiliate that owns the Intellectual Property. Use of any trademarks of the Company or its Affiliates as meta-tags on any third-party Website is strictly prohibited. You may not co-brand this Website or display this Website in frames (or any of the Content via in-line links) without the prior written permission of the Company or Affiliate. “Co-branding” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of the Company or an Affiliate in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute this Website or any Content. You agree to cooperate with the Company and its Affiliates in causing any unauthorized co-branding, framing or linking to cease immediately.
The Intellectual Property is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. These Terms and Conditions grant you no right, title or interest in the Intellectual Property and create no relationship between you and the Company or its Affiliates.
Operation of Website
The Company operates this Web Site from its offices within the United States. The Company does not represent that Content on this Web Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. You acknowledge and agree that you are accessing this Website on your own initiative, at your own risk, and are responsible for compliance with all local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Florida. You consent to exclusive jurisdiction and venue in Tampa Bay, Florida and waive the defense of forum nonconveniens.
The Company may authorize third-party links to this Website and/or may provide links to third-party websites from this Web Site. The Company has no discretion to alter, update or control the content on a third-party website. Also, the Company makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information and the quality of products or services provided or advertised on such third-party sites. The fact that the Company has provided a link to a site is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to such site, its owners, or its providers.
Spamming and solicitation
You may not use any information obtained from this Web Site for spamming or solicitation.
Disclaimer of Warranties
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL CONTENT, PRODUCTS, AND SERVICES ON THIS SITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THIS SITE BY ANY PARTY OTHER THAN THE COMPANY. IN ADDITION, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR-FREE.
ALL CONTENT, PRODUCTS, AND SERVICES OBTAINED FROM A WEBSITE TO WHICH THIS SITE IS LINKED (A “LINKED” SITE) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT A LINKED SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. THE COMPANY DISCLAIMS ALL WARRANTIES OF A LINKED SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
UNDER NO CIRCUMSTANCE, OTHER THAN REQUIRED BY APPLICABLE CONSUMER LAW, WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE OR ANY LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. THE USER IS RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE OR OBTAINED FROM A LINKED SITE.
Limitation of Liability
IN NO EVENT WILL THIS COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (THE “REPRESENTATIVES”) BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS, USE OR CONTENT OF THIS WEB SITE OR A LINKED WEBSITE, WHETHER AT LAW OR IN EQUITY.
THE INFORMATION, PRODUCTS, SOFTWARE AND/OR SERVICE DESCRIPTIONS PUBLISHED ON THIS SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THIS SITE, OR A LINKED SITE IS UPDATED OR COMPLETE. THE COMPANY HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THIS SITE. THE COMPANY MAY CHANGE OR IMPROVE THE WEBSITE AT ANY TIME WITHOUT NOTICE.
THIS COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, OFFICERS DIRECTORS, EMPLOYEES, OR AGENTS WILL NEVER BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED THIS COMPANY, AFFILIATE OR REPRESENTATIVE ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF THIS WEBSITE OR A LINKED WEBSITE WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, VIRAL TRANSMISSION THAT INFECTS A USER’S EQUIPMENT, MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MEASURE.
Your access and use privileges of this Website and its Content are conditioned upon your adherence to these Terms and Conditions. The Company has the right to deny you access and use of this Website and its Content if you violate (as the Company may determine in its sole and absolute discretion) any provision of these Terms and Conditions. The Company reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold the Company, its Affiliates and their respective Representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by a third-party in connection with or arising out of your access to, or use of, this Website or any of its Content in a manner other than as expressly authorized by these Terms and Conditions, your breach of these Terms and Conditions or your violation of applicable laws or any rights of any third party.
Except to the extent of additional terms imposed by different portions of this Website, these Terms and Conditions set forth the entire understanding between the Company and you with respect to your access to, and use of, this Website and the Content and supersedes all prior or contemporaneous understandings regarding access and use.
In the event that any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, the remainder of these Terms and Conditions shall not fail on account thereof and shall continue in full force and effect. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms and Conditions as possible.
The Company’s failure, in any instance, to exercise any of its rights under these Terms and Conditions will not constitute a waiver of such right or any other rights under these Terms and Conditions.
Right to Modify
The Company reserves the right to modify these Terms and Conditions and the Content of the Website at any time in the Company’s discretion. Your use of this Website after such changes are implemented constitutes your acceptance of the changes.