Trinidad Tourism & Lodging Association
Disclaimer, Terms of Use,
Limitation of Liability
Disclaimer
Trinidad Tourism & Lodging makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained or services provided on this website or any sites linked to this site.
Trinidad Tourism & Lodging Association Service Terms of Use
1. Your relationship with Trinidad Tourism & Lodging Association
1.1 Your use of Trinidad Tourism & Lodging Association's products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Trinidad Tourism & Lodging Association under a separate written agreement) is subject to the terms of a legal agreement between you and Trinidad Tourism & Lodging Association. Trinidad Tourism & Lodging Association's principal place of business is reachable and principally located at P.O. Box 1053, 560 #2 Edwards Street, Trinidad, CA 95570-1053, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Trinidad Tourism & Lodging Association, your agreement with Trinidad Tourism & Lodging Association will always include, at a minimum, the terms and conditions set out in this document. These terms of use are referred to below as “Terms”.
1.3 Terms form a legally binding agreement between you and Trinidad Tourism & Lodging Association in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Trinidad Tourism & Lodging Association in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Trinidad Tourism & Lodging Association will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Trinidad Tourism & Lodging Association, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of Terms of Use for your records.
3. Language of the Terms
3.1 The English language versions of the Terms will govern your relationship with Trinidad Tourism & Lodging Association.
4. Provision of the Services by Trinidad Tourism & Lodging Association
4.1 You acknowledge and agree that the form and nature of the Services which Trinidad Tourism & Lodging Association provides may change from time to time without prior notice to you.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Trinidad Tourism & Lodging Association will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Trinidad Tourism & Lodging Association, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Trinidad Tourism & Lodging Association has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Trinidad Tourism & Lodging Association may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Trinidad Tourism & Lodging Association for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Trinidad Tourism & Lodging Association immediately through one of our official contacts methods listed here http://trinidad-ca.com/discover/index.html#contacts .
7. Privacy and your personal information
7.1 For information about Trinidad Tourism & Lodging Association's data protection practices, please read Trinidad Tourism & Lodging Association's privacy policy at http://trinidad-ca.com/use/ .This policy explains how Trinidad Tourism & Lodging Association treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Trinidad Tourism & Lodging Association's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Trinidad Tourism & Lodging Association (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Trinidad Tourism & Lodging Association or by the owners of that Content, in a separate agreement.
8.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.4 You agree that you are solely responsible for (and that Trinidad Tourism & Lodging Association has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Trinidad Tourism & Lodging Association may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Trinidad Tourism & Lodging Association (or Trinidad Tourism & Lodging Association's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
9.2 Unless you have agreed otherwise in writing with Trinidad Tourism & Lodging Association, nothing in the Terms gives you a right to use any of Trinidad Tourism & Lodging Association's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Trinidad Tourism & Lodging Association, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Trinidad Tourism & Lodging Association's brand feature use guidelines as updated from time to time. These guidelines can be viewed online as Trinidad Tourism & Lodging Association may provide for this purpose from time to time.
9.4 Trinidad Tourism & Lodging Association acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Trinidad Tourism & Lodging Association, you agree that you are responsible for protecting and enforcing those rights and that Trinidad Tourism & Lodging Association has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Trinidad Tourism & Lodging Association, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Content license from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Trinidad Tourism & Lodging Association a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Trinidad Tourism & Lodging Association to display, distribute and promote the Services and may be revoked for certain Services.
10.2 You agree that this license includes a right for Trinidad Tourism & Lodging Association to make such Content available to other companies, organizations or individuals with whom Trinidad Tourism & Lodging Association has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 You understand that Trinidad Tourism & Lodging Association, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Trinidad Tourism & Lodging Association to take these actions.
10.4 You confirm and warrant to Trinidad Tourism & Lodging Association that you have all the rights, power and authority necessary to grant the above license.
11. Ending your relationship with Trinidad Tourism & Lodging Association
11.1 The Terms will continue to apply until terminated by either you or Trinidad Tourism & Lodging Association as set out below.
11.2 If you want to terminate your legal agreement with Trinidad Tourism & Lodging Association, you may do so by (a) notifying Trinidad Tourism & Lodging Association at any time and (b) closing your accounts for all of the Services which you use, where Trinidad Tourism & Lodging Association has made this option available to you. Your notice should be sent, in writing, to Trinidad Tourism & Lodging Association's address which is set out at the beginning of these Terms.
11.3 Trinidad Tourism & Lodging Association may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Trinidad Tourism & Lodging Association is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
11.4 Nothing in this Section shall affect Trinidad Tourism & Lodging Association's rights regarding provision of Services under Section 4 of the Terms.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Trinidad Tourism & Lodging Association have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT TRINIDAD TOURISM & LODGING ASSOCIATION'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
12.3 IN PARTICULAR, TRINIDAD TOURISM & LODGING ASSOCIATION DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRINIDAD TOURISM & LODGING ASSOCIATION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6 TRINIDAD TOURISM & LODGING ASSOCIATION'S FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRINIDAD TOURISM & LODGING ASSOCIATION SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH TRINIDAD TOURISM & LODGING ASSOCIATION MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE TRINIDAD TOURISM & LODGING ASSOCIATION WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
13.2 THE LIMITATIONS ON TRINIDAD TOURISM & LODGING ASSOCIATION'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT TRINIDAD TOURISM & LODGING ASSOCIATION HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Copyright and trade mark policies
14.1 It is Trinidad Tourism & Lodging Association's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
15. Other content
15.1 The Services may include hyperlinks to other web sites or content or resources. Trinidad Tourism & Lodging Association may have no control over any web sites or resources which are provided by companies or persons other than Trinidad Tourism & Lodging Association.
15.2 You acknowledge and agree that Trinidad Tourism & Lodging Association is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that Trinidad Tourism & Lodging Association is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
16.1 Trinidad Tourism & Lodging Association may make changes to Terms from time to time. When these changes are made, Trinidad Tourism & Lodging Association will make a new copy of Terms available at http://trinidad-ca.com/use/ .
16.2 You understand and agree that if you use the Services after the date on which Terms of Use or Additional Terms have changed, Trinidad Tourism & Lodging Association will treat your use as acceptance of the updated Terms.
17. General legal terms
17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and Trinidad Tourism & Lodging Association and govern your use of the Services, and completely replace any prior agreements between you and Trinidad Tourism & Lodging Association in relation to the Services.
17.3 You agree that Trinidad Tourism & Lodging Association may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.4 You agree that if Trinidad Tourism & Lodging Association does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Trinidad Tourism & Lodging Association has the benefit of under any applicable law), this will not be taken to be a formal waiver of Trinidad Tourism & Lodging Association's rights and that those rights or remedies will still be available to Trinidad Tourism & Lodging Association.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.6 The Terms, and your relationship with Trinidad Tourism & Lodging Association under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Trinidad Tourism & Lodging Association agree to submit to the exclusive jurisdiction of the courts located within the county of Humboldt County, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Trinidad Tourism & Lodging Association shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.