Welcome to www.SanDiego.com (the “Site”). This Site is comprised of various Web pages owned and
operated by SD.com Acquisitions.com, LLC or its affiliates (collectively
“SanDiego.com” or “us”) for your (“you” or “your”) personal entertainment and use.Your submission of information to, and access and use of, this
Site is subject to the terms and conditions of the terms of use set forth below
(“Terms of Use”).The Terms of Use govern your use of the Site
and all services offered by SanDiego.com.By submitting information to and/or accessing and browsing this Site you
accept and agree to abide by, without limitation or qualification, the Terms of
Use.If you do not agree to be bound by
the Terms of Use, do not use this Site.
IMPORTANT – BY NAVIGATING BEYOND THE HOME PAGE AND/OR THIS “TERM OF
USE” PAGE TO THE REMAINING PORTIONS OF THE SITE, YOU AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT
ACCESS OR USE THIS SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAW, RULES, AND REGULATIONS
CHANGE FREQUENTLY. ACCORDINGLY, SANDIEGO.COM RESERVES THE RIGHT TO MODIFY,
ALTER OR OTHERWISE UPDATE THE TERMS OF USE AT ANY TIME.YOUR CONTINUED USE OF THE SITE WILL INDICATE
YOUR ACCEPTANCE OF THESE MODIFIED TERMS OF USE.
THIS SITE IS OWNED, CONTROLLED AND OPERATED BY SANDIEGO.COM SOLELY FOR
ENTERTAINMENT OR INFORMATIONAL PURPOSES.
1.Privacy Policy.SanDiego.com’s
use, and/or disclosure, of information or related data which SanDiego.com may collect from, or
about, you shall be governed by SanDiego.com’s
Privacy Policy, which is posted on the Site and incorporated herein by
reference.SanDiego.com reserves the right to amend, or revise, its Privacy
Policy from time to time, in its sole discretion.Please review the Privacy Policy and print a copy for your
records.This Site does not intend to
target or collect personal information from individuals under the age of
majority.
2.Personal Use. Your use of the
materials included on this site is for informational and shopping purposes
only. You agree you will not distribute, publish, transmit, modify, display or
create derivative works from or exploit the contents of this site in any way.
You agree to indemnify, defend and hold harmless SanDiego.com for any and all
unauthorized uses you may make of any material on the site. You acknowledge the
unauthorized use of the contents could cause irreparable harm to SanDiego.com
and that in the event of an unauthorized use, SanDiego.com shall be entitled to
an injunction in addition to any other remedies available at law or in equity
3.Submissions and Reviews.You agree you are and shall remain solely
responsible for the contents of any submissions or reviews you make, and you
will not submit material that is unlawful, defamatory, abusive or obscene. You
agree that you will not submit anything to the site that will violate any right
of any third party, including copyright, trademark, privacy or other personal
or proprietary right(s).
We welcome your input and
opinions. However, unless otherwise agreed upon in writing, any material you
submit to this site will be deemed a grant of a royalty free non-exclusive
right and license to use, reproduce, modify, display, transmit, adapt, publish,
translate, create derivative works from and distribute these materials in any
medium and through any methods of distribution, transmission and display
whether now known or hereafter devised. In addition, you warrant that all
so-called “moral rights” have been waived.
5.Trademarks. SanDiego.com™ is the trademark and service
mark of SanDiego.com.
6.License and Site Access.SanDiego.com grants you a limited license to
access and use this Site purely, and only, for entertainment purposes.You may not use the Site for any other
purpose.You may not download (other
than page caching) or modify the Site, or any portion of it, except with the
express written consent of SanDiego.com.This license does not include, and on the contrary specifically
prohibits:any resale or commercial
use of this Site or its contents; any collection and use of any product or
service listings, descriptions, or prices; any derivative use of this Site or
its contents; any downloading or copying of account information for the benefit
of another merchant or service provider; or any use of data mining, robots, or
similar data gathering and extraction tools. Neither this Site, nor
any portion of this Site may be reproduced, duplicated, copied, sold, resold,
visited or otherwise exploited for any commercial purpose without the express
written consent of SanDiego.com. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of SanDiego.com and its affiliates without
the express written consent of SanDiego.com.You may not use any meta-tags or any other "hidden text"
utilizing SanDiego.com’s name or trademarks without the express written consent
of SanDiego.com.Any unauthorized use
terminates all permissions and licenses granted to you by SanDiego.com.You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of SanDiego.com so
long as the link does not portray SanDiego.com, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
manner.For linking to any other page
within the Site other than the home page, you must obtain the prior written
consent of SanDiego.com.You may not
use any SanDiego.com or other proprietary graphic or trademark as part of the
link without SanDiego.com’s express written permission.
7.Password or Login Information.You are solely responsible for managing any
password or other login information that you may use on the Site.You agree that you are responsible for all
activities that occur on your account or through use of your password or other
login information by yourself or by other persons.
8.Use of Information.While the Site is for entertainment purposes
only, and therefore the materials and information on the Site should be treated
accordingly, SanDiego.com makes no representation or warranty, express or
implied, and assumes no responsibility or legal liability for the accuracy,
completeness, timeliness or quality of any information contained on this Site,
which is subject to deletion, addition and change at any time without notice
from SanDiego.com.SanDiego.com does not
ensure the accuracy of, nor endorse or recommend, any information contained on
this Site and your use of any such information is at your own risk.The information contained on this Site
cannot be considered complete and SanDiego.com undertakes no commitment to
update the information contained on this Site within a particular period of
time.It is the responsibility of each
user of any portion of the Site to ascertain the accuracy of any information
before entering into any commitment (financial or otherwise) or undertaking any
course of action based upon the information contained on this Site.
9.Disclaimer of Warranties.ALL OF THE INFORMATION, SERVICES,
SOFTWARE, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS.SANDIEGO.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, WITH RESPECT TO THIS SITE, ITS CONTENTS OR ITS SERVICES.No information, response, or guidance,
whether oral or written, received by you from SanDiego.com or this Site shall
create any warranty.SanDiego.com can
not, and does not, ensure, represent, or warrant that multiple Reports for the
same incident have been, or will be in the future be, submitted by persons
making Reports, despite their being advised not to do so.While all submitters are required, as part
of their acceptance of these Terms of Use, to represent that they are making
truthful Reports and abiding by all of the Terms of Use, SanDiego.com can not
ensure such compliance.
10.Limitation of Liability.IN NO EVENT SHALL SANDIEGO.COM OR ITS
AFFILIATES BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION,
MEMBERS, PERSONS OR ENTITIES WHO MAY SUBMIT INFORMATION TO, USE OR RELY ON THIS
SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR
DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR
RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR
OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE.BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO
YOU.FURTHER, SANDIEGO.COM SHALL NOT BE
IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES THAT HAVE
SUBMITTED INFORMATION TO, OR POSTED INFORMATION ON, THIS SITE OR FOR ANY
INFORMATION SUBMITTED TO, OR POSTED ON, THIS SITE BY SUCH PARTIES.SANDIEGO.COM SHALL NOT BE LIABLE FOR ANY
TORTS, INTENTIONAL OR OTHERWISE, CAUSED BY MEMBERS OF THIS SITE.THIS PROVISION SHALL SURVIVE TERMINATION OF
YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU ARE
FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF
THIS SITE OR THE SERVICES OF SANDIEGO.COM.
11.Third Party Sites.As a convenience to users, SanDiego.com
may provide links on the Site to Web sites maintained by others.SanDiego.com has not reviewed such sites and
is not responsible for the contents or availability of such sites or for
products or services offered on such sites.SanDiego.com shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or claimed to have been caused by use of any such
sites or the content, goods, services, or advertisements contained on or
available via such sites.Links have
been provided for your convenience and the inclusion of any link does not imply
endorsement by SanDiego.com of the site or any association with the site’s
owners or operators.Your use of such
third party Web sites is subject to the terms and conditions of use and the
privacy policies of such Web sites.
12.Indemnification.Each user of this Site agrees to
indemnify, defend and hold SanDiego.com harmless from and against any and all
third party claims, liabilities, costs, or expenses, including reasonable
attorneys’ fees, arising out of or resulting from (a) such user’s breach of any
provision of these Terms of Use, (b) such user’s negligence, recklessness, or
willful misconduct, or (c) a claim that information submitted to this Site
infringes the intellectual property or proprietary rights of a third party.
13.Term and Termination.These Terms of Use are effective until
terminated by either you or SanDiego.com.SanDiego.com may terminate your use at any time by prohibiting you from
accessing the Site, by notifying you via e-mail or SMS text message, or by any
other means.You may terminate the
Terms of Use at any time by discontinuing your use of this Site and destroying
all materials obtained from it.The
provisions contained under the headings Copyrights, Trademarks, Disclaimer of
Warranties, Limitation of Liability, Indemnification, Term and Termination, and
General shall survive any such termination.
14.Reliance on Information.This Site may include inaccuracies or
typographical errors, that may or may not be corrected at SanDiego.com’s
discretion.The information on
SanDiego.com is for entertainment purposes only and you should not rely on any
information contained on the Site.
15.Consent to Electronic Communications.You consent to receive communications from
us about your use of the Site electronically, either by e-mail or by notices
posted on this Site.You agree that any
requirement that a notice, disclosure, agreement, or other communication be
sent to you by us in writing is satisfied by such electronic communication.
16.General.This Site is controlled and operated by SanDiego.com from its
offices within the State of California, United States of America.SanDiego.com makes no representation that
the materials or information on this Site are appropriate or available for use
in other locations.Those who choose to
access this Site from other locations do so on their own initiative and at
their own risk and are responsible for compliance with local laws, if and to
the extent applicable.These Terms of
Use shall be governed by and construed and enforced in accordance with the laws
of the State of California, without regard to conflicts of law, as they are
applied to agreements entered into and to be performed entirely within the
State of California.Any action you,
any third party, or SanDiego.com brings to enforce these Terms of Use or in
connection with any matters relating to this Site may be brought only in either
the state or federal courts located in San Diego County, California, which
courts shall be the exclusive venue for judicial proceedings, and you expressly
consent to the jurisdiction and venue of said courts.If any provision of these Terms of Use shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from these Terms of Use and shall not affect the validity and enforceability of
any remaining provisions.These Terms
of Use constitute the entire agreement and understanding between you and
SanDiego.com and supersede any prior or contemporaneous agreements or
understandings, whether written or oral, relating to the matters contained
herein.
