Visit Santa Barbara

Terms of Use

Last Modified: March 14, 2020

  1. INTRODUCTION

Thanks for visiting www.SantaBarbaraCA.com!  These Terms of Use, together with any documents they expressly incorporate by reference  (collectively, “Terms of Use” or “Terms”) constitute an agreement between you and Visit Santa Barbara, and its affiliates and subsidiaries (the “Company”, “Visit Santa Barbara”, “we” or “us”).  The term “you” refers to the person visiting the Site. Your right to use www.SantaBarbaraCA.com and our other related mobile websites, services, tools, social media accounts, and other applications (collectively, the “Site”) is governed by the Terms as provided below.

Please read these Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://santabarbaraca.com/privacy/, incorporated herein by reference. Please review our Privacy Policy carefully for information relating to Visit Santa Barbara’s collection, use, and disclosure of your personal information. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

  1. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. USE OF THE SITE; LIMITED LICENSE

Visit Santa Barbara owns and operates the Site. The information and content on the Site, including but not limited to the audio and video clips, text, visual interfaces, graphics, logos, icons, images design, compilation, information, data, downloads, computer code (including source code or object code), products, software (including any downloadable software), services, our linked social media accounts (including, for example, our Twitter.com, Facebook.com, Pinterest.com, YouTube.com and Instagram.com accounts) and all other elements and functionality of the Site provided by Visit Santa Barbara (“Site Content”) are protected by the copyright, trade dress, patent, and trademark laws of the Unites States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws throughout the world.  All trademarks, service marks, and trade names are proprietary to Visit Santa Barbara or its affiliates and/or third-party licensors. You must retain all copyright and other proprietary notices on copies of any Site Content.  Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. Visit Santa Barbara reserves all rights to the Site Content not expressly granted in these Terms. Subject to the Terms, Visit Santa Barbara grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of the Site and Site Content.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  1. SERVICES AND PRODUCTS (AS APPLICABLE)

Visit Santa Barbara reserves the right at any time to modify or discontinue a product or services offered through the Site without notice at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right discontinue or to limit any products or services that we may offer at any time. All descriptions of products or services or their pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this site is void where prohibited.

  1. PROHIBITED CONDUCT

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. TERMINATION AND MODIFICATION OF THE SITE

At any time and without prior notice Visit Santa Barbara may (1) terminate, cancel, deactivate and/or suspend your access to the Site, and/or (2) temporarily or permanently discontinue, modify or alter any aspect, feature, product, service or policy of the Site. If we determine that you violated any provision of these Terms, your permission to use the Site will terminate automatically.  We also reserve the right to terminate or suspend access to the Site if we discontinue the Site, or a part of the Site, or for any reason, with or without notice.  To the fullest extent permitted under applicable law, we will have no liability on account of any change to the Site or any suspension or termination of your access to the Site. Visit Santa Barbara will not be liable to you or any third party for any termination or modification of the Site or other products or services provided by Visit Santa Barbara regardless of the reason for such termination, discontinuation or modification. Your only right with respect to any dissatisfaction with any such modification or discontinuation is to discontinue using the Site.

  1. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including our content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. PAYMENTS

Visit Santa Barbara does not directly provide any products or services for sale, but we may provide you with options to purchase and/or pay for products or services through an authorized third party seller (including, for example, a hotel or special events tickets provider) or payment processing firm (including, for example, a telecommunications provider, a mobile app marketplace like Apple iTunes or Google Play, or an online reservation booking platform) (collectively, “Third Party Purchase”). Your obligation for payment to, and relationship with, such third party seller or payment processor is a contractual matter between you and that third party. We are not a party to, or responsible on account of, such contract for such Third Party Purchase.  We do not control how you can pay that third party or how any refunds may be issued by that third party for the Third Party Purchase.  Please review the terms of service with that third party carefully. While we select our third party sellers and payment processors carefully, we cannot and do not guaranty their performance. We encourage you to provide any feedback to [email protected] regarding any third party seller or payment processor, as we value your input.

You agree to pay the charges for the Third Party Purchase in the currency specified by any third party seller or payment processor, and you assume all risks associated with any changing value in the currency compared with other currencies. Such charges may include VAT and sales tax and certain other taxes or delivery or similar charges applicable to your purchase. If any applicable tax or charge is not charged by a third party seller or payment processor, you acknowledge that you are solely responsible for paying the tax or other such charge.  You agree to indemnify and hold Visit Santa Barbara harmless for any currency charges or payment of tax that may be due.

  1. THIRD PARTY FEES

You are solely responsible for all third party charges and fees associated with your use and accessing the Site, such as but not limited to internet service provider fees, telephone and computer equipment charges, and taxes.

  1. USER CONTENT AND SUBMISSIONS

Certain features of the Site may permit you or other users to upload content to the Site, including messages, images, data, text, location information, and other types of information (“User Content”) and to publish User Content on the Site. You retain the copyrights and any other proprietary rights that you may hold in the User Content that you post to the Site. By posting or publishing User Content, you grant Visit Santa Barbara a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, for any purpose in accordance with our Privacy Policy, in any media formats and through any media channels now known or hereafter developed.  We may also create anonymized data and images from your User Content, and such data and images will no longer be your User Content.  You irrevocably and forever waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. Visit Santa Barbara reserves the right to refuse to accept, post, display, or transmit any of your User Content in its sole discretion. Additionally, by posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and through the Site.

You agree that you are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: (1) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Visit Santa Barbara and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Visit Santa Barbara, the Site, and these Terms; and (2) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You agree to pay for any and all royalties, fees, or other monies owing any person by reason of User Content you post on or through the Site.

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Visit Santa Barbara reserves the right, at any time and without prior notice, to screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Visit Santa Barbara with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law.

  1. RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content and information provided by third parties, including materials provided by other users, bloggers, Santa Barbara businesses, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. COPYRIGHT NOTICES OR COMPLAINTS

We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended).  If you have an intellectual property rights-related complaint about material posted on the Site, you may contact us my mail: Visit Santa Barbara, located at: 500 E. Montecito Street, Santa Barbara, CA 93103 and by email: [email protected]raca.com. Please note that if you knowingly give false, misleading or inaccurate information that content is infringing, you may be subject to civil or criminal penalty. Any notice under DMCA alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include all of the information required by the DMCA.

  1. USER FEEDBACK

If you provide Visit Santa Barbara with any comments, questions, suggestions, ideas, bug or system problem reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Visit Santa Barbara shall have the right to use such Feedback at its sole and absolute discretion, including, but not limited to, the incorporation of such suggested changes into the Site or the offered products. You hereby grant Visit Santa Barbara a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

  1. OTHER WEBSITES AND APPLICATIONS

Through the Site we may provide you with links to other websites and applications for your convenience. These websites and applications may be third parties and independent from us with their own privacy policies and rules and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party web sites. You agree that with regard to any third-party websites or applications that are not owned or controlled by us, we are not responsible for the sites’ or applications’ content, any use of the sites or applications, the sites’ or applications’ practices, or the privacy practices of the sites or applications. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from our Site since the third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites.  If you use a third-party website or application and allow them to access your personal information, you do so at your own risk. ACCESS AND USE OF THIRD PARTY WEBSITES OR APPLICATIONS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON SUCH WEBSITES OR APPLICATIONS OR AVAILABLE THROUGH SUCH WEBSITES OR APPLICATIONS, IS SOLELY AT YOUR OWN RISK.

  1. GEOGRAPHIC RESTRICTIONS

The owner of the Site is based in the State of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. INDEMNIFICATION; HOLD HARMLESS

You acknowledge and agree that, to the fullest extent permitted under applicable law, you are responsible for your use of the Site, and you will indemnify, hold harmless, and, if so directed by Visit Santa Barbara Entities from and against every responsibility, claim, liability, action, suits, procedures, damage, loss, costs, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. To the fullest extent permitted under law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). You agree to cooperate with our defense of that claim.

  1. DISCLAIMERS; NO WARRANTIES

THE SITE AND ANY DOWNLOADABLE DATA, CONTENT, PRODUCTS, SERVICES AND MATERIALS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VISIT SANTA BARBARA ENTITIES DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, RELATING TO THE SITE AND ANY DOWNLOADABLE DATA, CONTENT, PRODUCTS, SERVICES AND MATERIALS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

WITHOUT LIMITING THE FOREGOING, VISIT SANTA BARBARA ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE DATA, WEBSITE, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE DATA, WEBSITE, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE DATA, WEBSITE, CONTENT, SERVICES, OR PRODCUTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATE LAWS PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL VISIT SANTA BARBARA ENTITIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF VISIT SANTA BARBARA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, VISIT SANTA BARBARA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE LIABILITY OF VISIT SANTA BARBARA ENTITIES TO YOU IS LIMITED TO $100. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VISIT SANTA BARBARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION.  FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be subject to and construed under the laws of the State of California, United States, without reference to the conflicts of law provisions thereof.  Before filing a claim against Visit Santa Barbara, you agree to attempt to informally resolve your dispute with Visit Santa Barbara by contacting [email protected]. We will contact you via email to try to resolve the dispute. If the dispute is not resolved within 15 business days of submission, you or Visit Santa Barbara may bring a formal proceeding.  You and Visit Santa Barbara agree that any judicial proceeding to resolve claims relating to these Terms or the Site will be brought in Santa Barbara County, California, United States, subject to the mandatory arbitration provisions below. Both you and Visit Santa Barbara consent to venue and personal jurisdiction in such courts.

IF YOU’RE A US RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: You understand and agree that all claims, disagreements, disputes or controversies between you and Visit Santa Barbara, and its officers, directors, employees, consultants, representatives, agents, parents, affiliates, subsidiaries and/or related companies, and their respective successors and assigns, (together, the “Visit Santa Barbara Entities”) shall be resolved by final and binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.  The arbitration shall take place in Santa Barbara County, California, United States. The parties voluntarily and knowingly waive any right they have to a jury trial.  You may decline this arbitration provision by writing to Visit Santa Barbara at [email protected] informing of us of your decision to opt-out of the arbitration provision within 30 days of first accepting these Terms.

  1. ARBITRATION

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

  1. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. FORCE MAJEUR

Visit Santa Barbara shall be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of: (1) inclement weather or acts of God; (2) acts of war, terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes; (4) labor trouble; (5) acts of government or public bodies; (6) telecommunications, network, computer, server or Internet downtime; (7) unauthorized access to Visit Santa Barbara’s information technology systems by third parties; or (8) other causes unforeseen by Visit Santa Barbara and beyond our control.

  1. ENTIRE AGREEMENT; ADDITIONAL TERMS

Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”), such as end-user license agreements for any downloadable applications, or rules that are applicable to a particular feature, offer, product or content on the Site.  All such Additional Terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between the Additional Terms and the Terms, the Additional Terms shall control. These Terms, together with any applicable Additional Terms, and the Privacy Policy, as each may be amended as set forth herein, are the entire agreement between you and Visit Santa Barbara relating to the subject matter herein.  We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.  You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be granted or withheld at our sole and absolute discretion. Any attempted assignment by you without such consent shall be null and void.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.  No waiver of any of these Terms by Visit Santa Barbara is binding unless authorized in writing by an executive officer of Visit Santa Barbara. In the event that Visit Santa Barbara waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Visit Santa Barbara to enforce such rights and terms at a later time.

  1. NOTICES; CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically or post on the Site will satisfy any legal communication requirements, including that those communications be in writing.

  1. CONTACT

The Site is offered by Visit Santa Barbara, which is located at: 500 E. Montecito Street, Santa Barbara, CA 93103 and email: [email protected]. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.