Terms and Conditions of Use Agreement
Effective June 1, 2015
Catalinatours.com has been designed to be easy to use, helpful, reliable, and packed with great information. We require that anyone using our site follows the Terms and Conditions set out below. If you don’t agree with these, then please don’t use this site.
These Terms and Conditions are subject to change and we reserve the right to make changes whenever we feel they are necessary. Please periodically review the Terms and Conditions to stay current with any modifications. Your use of catalinatours.com signifies your acceptance of this.
Restrictions on the Use of Our Information
All of the information relating to catalinatours.com is copyrighted intellectual property. It is owned and controlled solely by Catalina Tours LLC. This includes, but is not limited to, software, logos, trademarks, service marks, trade names, images, illustrations, photographs, video, audio clips, music, and text.
- As a visitor, you can download our online information under the following conditions:
- The information is only for your personal, non-commercial use.
- All copyrights, trademarks, and related notices remain intact.
- The materials cannot be changed in any way.
- The materials cannot be used in any manner that would imply an association with our Company, its products, services, and/or brands.
- You may in no way utilize our materials or download to a data base, server, or similar device for commercial use.
- You cannot copy, reproduce, republish, upload, post, transmit or distribute any materials, and this includes all online materials belonging to Catalina Tours LLC without our express written consent.
- You cannot change, add to, subtract from, or misrepresent any materials on the catalinatours.com site.
- Attempting to challenge our site’s security in any way is prohibited.
- Anything and everything downloaded from our site, including software, files, images, and data shall be considered as licensed by either Catalina Tours LLC or one of our partners for your non-commercial use only. You do not have title to this material – we do, and we own all associated intellectual property rights. Therefore, you cannot distribute, sell, reverse-engineer, change, or in any way modify it in order to profit.
We have exclusive ownership and rights to your submissions, and can utilize them in any appropriate way we wish, without payment or compensation. You are responsible for the integrity, legality, reliability, and copyright of your submission.
Catalina Tours LLC will not be liable for any damages associated with or resulting from your use of any portion of its site. This includes, but is not limited to, any damages caused by:
- Any site errors, omissions, or defects
- Any site failures, including performance failures
- Use, or inability to use catalinatours.Com
- Use, or inability to use, any linking sites
- Any interruption of site availability or transmission
- Any line failures
- Any computer viruses or similar malware
- In addition, we are not liable for the following damages, including:
- Damages intended as direct compensation for a loss or injury
- Damages expected as a result of a loss or injury (consequential damages)
- Any miscellaneous damages as a result of a loss or injury (incidental damages)
- We claim no liability even if the possibility of negligence has been shown by us or an authorized representative.
- The only exception: the laws of specific states may not allow for the limitation or exclusion of liability for “incidental” or “consequential” damages. If you reside in one such state, the above mentioned limitation would not apply, giving the possible right of recovery for damages.
- Our liability for any losses, damages, and claims, whether based upon a contract or wrongful conduct, will not be more than the amount paid to access our site.
Although you will find links to other web sites from our site, these should not be construed as approval of that site or the information/resources contained within it. We are not responsible for anything, and particularly content and practices, on any sites that might be linked to catalinatours.com.
Catalinatours.com is not necessarily related to or connected with any of the sites where linking may occur, and no assumption of such a connection should be made. Always check the URL in the address bar to confirm what site you are visiting, if uncertain about whether you are on a third party site. Catalina Tours LLC has no control over these sites.
Approved links cannot represent an endorsement, support, sponsorship, or similar relationship with Catalina Tours LLC or any of our sites, our employees, agents, and managers.
Either party can decide to terminate this agreement at any time. If, in its judgment, any of the Terms and Conditions has been breached, Catalina Tours can end its relationship with you without giving notice. You may also end your relationship with Catalina Tours LLC if you so choose.
Regardless of who ends the relationship, termination means you must destroy any and all products, information, and materials you got from catalinatours.com, including downloads and anything installed on your computer. Any materials found on the catalinatours.com site are the sole property of our Company.
Anyone using our web site will need to comply with the local laws of the State of CA, U.S.A. This particularly applies to users outside the U.S.
These Terms and Conditions are enforced by the laws of CA and apply to any agreements under this jurisdiction. Any violation or attempted violation of intellectual property belonging to Catalina Tours LLC or its affiliates will result in an injunction or appropriate legal redress in the CA courts. By using our site, you agree to be bound by these Terms, and agree to follow the jurisdiction of the state and federal courts in CA, U.S.A.
If a disagreement arises under these Terms, we will first try to reach a resolution using a mediator acceptable to both parties, and located in Avalon, CA. Mediation costs outside of attorney fees will be equally divided.
If resolution through this means isn’t possible, the dispute will then be taken to binding arbitration under the auspices of the American Arbitration Association. The arbitrator’s judgment can be entered in any court having jurisdiction.
These Terms and Conditions may be changed by Catalina Tours LLC without prior notification. Please check the Terms periodically for updates. As presented, this constitutes the entire Agreement.