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SanDiego.com Terms of Use

Welcome to www.SanDiego.com (the “Site”). This Site is comprised of various Web pages owned and operated by SanDiego.com, Inc. 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.

4. Copyrights. All of the material on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, is protected by copyrights which are owned and controlled by SanDiego.com, by third parties who have licensed their material to SanDiego.com, or by advertisers on www.SanDiego.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without the express written permission of SanDiego.com. All contents of the Site are copyrighted under: Copyright © 2009 SanDiego.com. All Rights Reserved.

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.