Terms & Conditions
Last Updated: June 2, 2009
Please be aware that we have the right to change the Terms at any time, with or without notice to you, by posting amended Terms on this TobagoVacations.com webpage. Your continued use of TobagoVacations.com will indicate your agreement to be bound by the changed Terms. We recommend that you visit this webpage periodically to review the most current Terms.
The TobagoVacations.com is not intended for use by children under the age of 13. By using TobagoVacations.com, you represent that you are age 13 or over.
2. Use of TobagoVacations.com
Your use of TobagoVacations.com is governed by the Terms. TobagoVacations.com reserves the right to terminate or restrict your access to TobagoVacations.com without prior notice for any or no reason.
The information on TobagoVacations.com, including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by TobagoVacations.com or used under license from or otherwise authorized by the copyright owner. Unless otherwise specified or agreed to by TobagoVacations.com, you may print, copy and download any information or portion of TobagoVacations.com for your personal use only. You may not modify, copy, reproduce, transmit, display, perform, distribute, transfer, rent, sublicense, publish, frame, store for subsequent use, create derivative works from, translate, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, products or services obtained from TobagoVacations.com, except for the purposes expressly provided herein, without TobagoVacations.com’s prior written consent. If you copy or download any information from TobagoVacations.com, you agree that you will not remove or obscure any copyright or other notices or legends contained in such information. TobagoVacations.com neither warrants nor represents that your use of materials displayed on TobagoVacations.com will not infringe rights of third parties not owned by or affiliated with TobagoVacations.com. Any unauthorized use of any materials on TobagoVacations.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that TobagoVacations.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
The trademarks, logos, and service marks displayed on TobagoVacations.com (collectively the “Trademarks”), are trademarks of TobagoVacations.com. Nothing contained on TobagoVacations.com should be construed as granting you any license or right to use any of the Trademarks for any purpose whatsoever, including, but not limited to, use of the Trademarks as metatags on other websites or in keyword advertising, without TobagoVacations.com’s prior written consent. Unauthorized use of any of the Trademarks is strictly prohibited.
Notwithstanding the preceding paragraphs, you may be granted a limited, nonexclusive right to create a hyperlink to TobagoVacations.com provided (i) you give TobagoVacations.com notice of such link by writing DomainNames “at” gmail .com, (ii) TobagoVacations.com confirms in writing that you may establish the link, (iii) you do not remove or obscure the copyright notice or other notices on TobagoVacations.com, (iv) such link does not portray TobagoVacations.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and (v) you immediately discontinue providing a link to TobagoVacations.com if so requested by TobagoVacations.com. You may not use a TobagoVacations.com logo or other proprietary graphic or trademark of TobagoVacations.com to link to TobagoVacations.com without the express written permission of TobagoVacations.com. TobagoVacations.com reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” TobagoVacations.com or any of its content or copy portions of TobagoVacations.com to a server. Except as otherwise consented to in writing by TobagoVacations.com, each page within TobagoVacations.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within TobagoVacations.com.
6. Unauthorized Use of TobagoVacations.com
In using TobagoVacations.com and any of the content contained therein, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to, (i) use TobagoVacations.com for any unlawful purpose, (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your own identity, (iii) take any steps to interfere with or in any manner compromise or circumvent any of TobagoVacations.com’s privacy or security measures, (iv) take any action to block access to TobagoVacations.com (in whole or in part) by other users, (v) use TobagoVacations.com to provide fraudulent or inaccurate information or otherwise for fraudulent purposes, or (vi) harvest or collect any information about or regarding other TobagoVacations.com users, including, without limitation, any personal data or information.
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in TobagoVacations.com is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of TobagoVacations.com or any of its respective content. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, transmission or activation of computer viruses, or attempts to decompile, reverse engineer, disassemble, modify or hack TobagoVacations.com, or to defeat or overcome any encryption and/or digital rights management technology implemented by TobagoVacations.com with respect to TobagoVacations.com, and/or data transmitted, processed or stored by TobagoVacations.com. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of or use of TobagoVacations.com, except as expressly permitted by the Terms.
Should any content or any user or other party be found or reported to be in violation of the preceding or any other Terms, the determination as to what, if any, action should be taken will be in TobagoVacations.com’s sole discretion, subject to any requirements of applicable law.
In using TobagoVacations.com, you expressly consent to administrative monitoring at all times by the server admin and/or the server hosting data center and its authorized agents and contractors. You are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you do not wish to consent to monitoring, you should immediately cease using TobagoVacations.com.
7. Special Warning for International Use
Recognizing the global nature of the Internet, you further agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. TobagoVacations.com Communications
In the course of providing you with TobagoVacations.com, TobagoVacations.com may need to communicate with you via email. You agree to receive emails that are necessary for the normal functioning of TobagoVacations.com.
9. Advertisers and Third Party Links
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through TobagoVacations.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely and entirely between you and the advertiser. You agree that TobagoVacations.com will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the advertisers on TobagoVacations.com.
11. Modification or Termination of TobagoVacations.com
TobagoVacations.com reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, TobagoVacations.com (in whole or in part) with or without notice to you. You agree that TobagoVacations.com will not be liable to you or to any third party for any modification, suspension or discontinuance of TobagoVacations.com. Without limiting the generality of the foregoing, you acknowledge and agree that TobagoVacations.com will have no liability to you or any third party for any technical delays or disruptions in TobagoVacations.com.
By accepting these Terms, you agree to indemnify and otherwise hold harmless TobagoVacations.com, its members, officers, employees, agents, co-branders or other partners, subsidiaries and affiliates from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys’ fees) due to or arising from (a) your use of TobagoVacations.com, (b) your violation of the Terms or any rights of another, (c) unauthorized access to or alteration of your communications with or through TobagoVacations.com, and/or (d) any other matter relating to TobagoVacations.com.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF TOBAGOVACATIONS.COM IS AT YOUR OWN RISK AND THAT TOBAGOVACATIONS.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOBAGOVACATIONS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TOBAGOVACATIONS.COM MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, (i) AS TO THE OPERATION OF TOBAGOVACATIONS.COM, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON TOBAGOVACATIONS.COM, (ii) THAT TOBAGOVACATIONS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH TOBAGOVACATIONS.COM, (iv) OR THAT TOBAGOVACATIONS.COM AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TOBAGOVACATIONS.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND 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 MATERIAL.
TOBAGOVACATIONS.COM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. THEREFORE, TOBAGOVACATIONS.COM RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOBAGOVACATIONS.COM OR THROUGH OR FROM TOBAGOVACATIONS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitations on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOBAGOVACATIONS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOBAGOVACATIONS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO TOBAGOVACATIONS.COM, OR YOUR USE OF OR INABILITY TO USE TOBAGOVACATIONS.COM.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH TOBAGOVACATIONS.COM OR TOBAGOVACATIONS.COM IS TO DISCONTINUE ANY USE OF TOBAGOVACATIONS.COM.
THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TOBAGOVACATIONS.COM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY DOLLARS (US$50).
15. User Materials
Any material or information sent by you through or in connection with TobagoVacations.com and any content, products or services contained or marketed therein (including testimonials, remarks, questions, comments, ideas, graphics or other information) will be treated as non-confidential, non-proprietary, and will immediately become the property of TobagoVacations.com, except as otherwise provided in the Terms. TobagoVacations.com may use such materials as it seems fit, anywhere in the world, without obligation for compensation, and free of any moral, intellectual property or other rights to such information and materials. In addition, you acknowledge and agree that you have full responsibility for any information and materials you submit to us, including its legality, reliability, appropriateness, originality and copyright.
16. Disclaimer of Association With User
You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and TobagoVacations.com or its authorized agents or contractors as a result of the Terms or use of TobagoVacations.com. You agree not to hold yourself out as a representative, agent, or employee of TobagoVacations.com. None of TobagoVacations.com, its authorized agents or contractors shall be liable for any representation, act or omission by you.
18. Entire Agreement
These Terms constitute the entire agreement between you and TobagoVacations.com and govern your use of TobagoVacations.com, superseding any prior agreements, oral or written, between you and TobagoVacations.com (including any prior versions of the Terms).
19. Governing Law/Venue
Except for trademark and copyright matters governed by the federal laws of the United States, the Terms between you and TobagoVacations.com will be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflict of laws. You and TobagoVacations.com agree to submit to the personal and exclusive jurisdiction of the courts located within New York, New York.
20. General Information
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of TobagoVacations.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. TobagoVacations.com may provide notices of changes to the Terms, additional terms of service or other matters by displaying notices or links to notices to you generally on or through TobagoVacations.com. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. TobagoVacations.com’s performance of the Terms is subject to existing laws and legal process and nothing contained in the Terms is in derogation of TobagoVacations.com’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 TobagoVacations.com with respect to such use.
We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TobagoVacations.com or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please send any questions or comments, or report violations of the Terms to DomainNames “at” Gmail.com.
Any rights not expressly granted herein are reserved.