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Site Terms (& Legal Policy) Applicable to the Beverly Clark Enterprises, LLC sites at the following URL/domain names: AnniversaryLocation.com BarmitzvahLocation.com BeverlyClarkTravel.com BeverlyMagazine.com BusinessMeetingLocation.com HoneymoonLocation.com MemorialServiceLocation.com QuinceaneraLocation.com ReunionLocation.com WeddingLocation.com INTRODUCTION Beverly Clark Enterprises, LLC ("BCE") makes available information, materials, and products on this Web site and other BCE Web Sites, subject to the following terms and conditions. By accessing this site, you agree to all the terms and conditions as outlined in this legal notice, without modification and warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. BCE reserves the right to change these terms and conditions from time to time at its sole discretion. COPYRIGHT Limited License. The information on this Web site is protected by copyright. All contents of this Web site are: Copyright © 2000 - 2008 by Beverly Clark Enterprises, LLC. BCE retains all copyrights in any text, graphic images, and software owned by BCE and hereby authorizes you to electronically copy documents published herein solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this Web site for rebroadcast, or print the information contained therein, without written permission from BCE. No portion of the information on this Web site may be reproduced in any form or by any means without the prior written permission from BCE. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any BCE copyright, patent or trademark. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend(s) or copyright notice(s) shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. USE OF WEB SITE INFORMATION Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this Web site subject to the following conditions: • The documents and information may be used solely for personal, informational, non-commercial purposes; • The document may not be modified or altered in any way; • Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and • BCE reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from BCE. Documents specified above do not include the design or layout of this Web site. Elements of this Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BCE Web site may be copied or retransmitted unless expressly permitted by BCE. WARRANTEES & DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND BCE, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BCE MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. BCE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND BCE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. BCE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL BCE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT BCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BCE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. This Web site can be accessed from other countries around the world and may contain references to BCE products, services, and programs that have not been announced in your country. These references do not imply that BCE intends to announce such products, services or programs in your country. Contact BCE for further information before relying on any information contained herein. Should you choose to respond directly to BCE with any information including comments, questions, suggestions, ideas or the like relating to this Web Site, other BCE Web Sites, or BCE products and services, you agree that such information shall be deemed as non-confidential and BCE shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information. FEEDBACK Confidential Information. Please note that, with the exception of credit card numbers, BCE does not want to receive confidential or proprietary information from you through our Web site. Any non-personal information or material sent to BCE will be deemed NOT to be confidential. By sending BCE any non-personal information or material, you grant BCE an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that BCE is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law. LINKS TO THIRD-PARTY WEB SITES This Site contains links to third-party Web sites that are not under the control of BCE. BCE is not responsible for the contents of such sites and makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-BCE Web site, you do so at your own risk and BCE is not for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. BCE provides these links merely as a convenience and the inclusion of such links does not imply that BCE endorses or accepts any responsibility for the content or uses of such Web sites. GOVERNING LAW & JURISDICTION This Web site (excluding linked sites) is controlled by BCE from its offices within the state of California, United States of America By accessing this Web site, you and BCE agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the State of California, U.S.A., without regard to the conflicts of laws principles thereof. You and BCE also agree and hereby submit to the exclusive personal jurisdiction and of the Superior Court of Santa Barbara County and the United States District Court for the Central District of California with respect to all such matters and disputes arising out of or relating to this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. BCE makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. TRADEMARK and DOMAIN INFORMATION The trademarks, logos and service marks ("Marks") displayed on this Web site are the property of BCE or other third parties. You are not permitted to use the Marks without the prior written consent of BCE or such third party, which may own the Marks. "AnniversaryLocation.com", "BarmitzvahLocation.com", "BeverlyClarkTravel.com", "BeverlyMagazine.com", "BusinessMeetingLocation.com", "HoneymoonLocation.com", "MemorialServiceLocation.com", "QuinceaneraLocation.com", "ReunionLocation.com", and "WeddingLocation.com" are trademarks of Beverly Clark Enterprises, LLC. Other product and company names mentioned herein may be the trademarks of their respective owners. Nothing contained in these Web pages should be construed as granting or permitting any right to use such trademarks. CONFIDENTIAL INFORMATION PRIVACY Please note that, with the exception of credit card numbers, BCE does not want to receive confidential or proprietary information from you through our Site. Any non-personal information or material sent to BCE will be deemed NOT to be confidential. By sending BCE any non-personal information or material, you grant BCE an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that BCE is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. To learn more about how BCE protects your personal information, such as your name and address, please refer to the BCE Online Privacy Policy. USE OF BCE TRAVEL SERVICE LINKS The BeverlyClarkTravel.com travel agent feature of this Web site is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with BCE suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site or which link to this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services provided through this Web site may result in you, being denied access to such facilities. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site. GENERAL You agree that no joint venture, partnership, employment, or agency relationship exists between you and BCE as a result of this agreement or use of this Web site. BCE's Performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BCE's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by BCE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and BCE with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and BCE, with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form Beverly Clark Enterprises, LLC 114 E. Haley Street, Suite K, Santa Barbara, CA 93101 Copyright © 2000 - 2008 by Beverly Clark Enterprises, LLC. |
