Acceptance of Terms

 

California Tropic Promotions and its related sites (“California Tropic Promotions” or “Site” or “Service”) are provided to visitors and users (“User” or “Users”) subject to these Terms of Use (“Terms”). Any use of the Service bounds a User to these Terms. If a User objects to any portion of these terms, the User must immediately discontinue the use of the Service. California Tropic Promotions reserves the right to enforce these terms via any available lawful means, including but not limited to, litigation and criminal prosecution.

 

ALL USERS OF THE SITE SHOULD CAREFULLY REVIEW THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT USERS’ LEGAL RIGHTS AND RESPONSIBILIITES.

 

Modifications

 

California Tropic Promotions retains the right to modify these Terms at any time, and changes shall become effective immediately upon publication. While the Site may notify Users of changes, the User is obligated to review these Terms on a regular basis. These Terms were last modified  DATE \@ "MMMM d, yyyy" February 2, 2009.

 

Registration Eligibility

 

By using the Site, you represent and warrant that you are thirteen (13) or older, and that you agree to abide by these Terms. By registering with the Site, a User affirms that the User’s registration is in compliance with all laws, rules and regulations applicable to the User. The Site reserves the right to prevent a User’s registration for any reason. Membership on the Site is void where prohibited.

 

Rules of the Site

 

Account Registration Security & Data

 

Any information provided to the Site by Users must be accurate, current and complete. Users shall update information promptly. Users agree to maintain the security of their respective usernames, passwords, and other personally identifiable information on the Site. Users are responsible for any activities and actions undertaken via the User’s account on the Site.

 

User Account Administration & Termination

 

California Tropic Promotions  reserves the right, in its sole discretion, to terminate the account of any User for any reason. The Site may similarly prohibit a User from accessing the Site or any portion of the Service at its sole discretion. Users with terminated accounts shall forfeit any benefits accrued in said account, including, but not limited to, special offers, accrued points or related benefits. The Site reserves the right to cancel or disable accounts dormant for a period in excess of 12 months.

 

Limited License to Access Content

 

The information, materials, functions and other content appearing on the Site, including, but not limited to, text, files, images, video, sounds, or other materials (“Content”) are subject to copyright protection. Applicable copyrights are the proprietary property of the Site, its Users, its licensors, or other third parties with all rights reserved. Content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used for the creation of derivative works without the express written consent of California Tropic Promotions.

 

Access to the Site is subject to these Terms and any other conditions or notices set forth in this site. Users are granted a non-exclusive, non-transferable, limited permission to access and display the Content appearing on the Site on the User’s computer client for purposes of personal, non-commercial use subject to these Terms. Users must retain all copyright, trademark, and other intellectual property notices contained in content.

 

Some content appearing on the Site, including, but not limited to, third party content, software and related resources, may be subject to their own terms, conditions, licenses and notices. Such Content shall be governed by their own terms and conditions as may be provided.

 

All licenses provided to Users by the Site are subject to revocation by the Service at any time without notice and with or without cause. Any use of the Service other than specifically provided in these Terms or as expressly granted by the Site is strictly prohibited and shall immediately terminate without notice any license granted by these Terms.

 

Trademarks, Service Marks and Other Intellectual Property

 

Content appearing on the Site may contain trademarks, service marks, trade names and trade dress owned by the Site. These marks and names are subject to applicable trademark laws in the United States and internationally, and may not be used in connection with any service or product that is likely to violate applicable trademark laws unless such use is expressly granted by the Site. Unless explicitly stated, nothing in these Terms shall be construed as a grant of intellectual property rights under any legal theory.

 

Third Party Content and Services

 

The Content available via the Service may include access to third party sites, services and content that are completely independent of California Tropic Promotions. These third party resources may include, but are not limited to, third party web sites, software, products, services, networks and similar resources.

 

Inclusion of third party resources on the Site does not imply endorsement or approval of any particular resource. California Tropic Promotions does not investigate, review, monitor or otherwise regulate third party resources that may appear on the Site, and the Service does not warrant the accuracy, completeness or appropriateness of third party resources appearing on the Site. Any User choosing to interact with a third party resource appearing on the Site is subject to the terms and conditions of that particular third party resource. The Site is not involved in any transactions or activities undertaken between a User and a third party.

 

Users access third party resources found on the Site at their own risk. The Site urges Users to review the applicable terms and policies, including privacy and data gathering practices, of any third party resource accessed from the Site. All Users agree that the Site shall not be responsible for any loss or damage of any sort incurred as the result of any dealings or transactions between a User and a third party.

 

Linking to the Site

 

California Tropic Promotions generally licenses third parties to provide links to the Site. Links to the Site must not alter the visual appearance or content of the Site, misrepresent a relationship with the Site, imply that the link is an endorsement or approval of the linking site or its related products and services by the Site, present false information about the Site or otherwise damage the reputation and goodwill of the Site.

 

All links to the Site are subject to the Site’s continuing permission to maintain such links. The Site reserves the right to terminate permission to link to the Site at anytime and third parties that link to the Site are obligated to immediately remove all links to the Site upon the request of the Site.

 

Claims of Infringement

 

California Tropic Promotions respects the intellectual property rights of others and prohibits copyright and trademark infringement on its Site. Pursuant to the Digital Millennium Copyright Act (“DMCA”), California Tropic Promotions provides the following contact information for receipt of infringement notices:

 

CaliforniaTropic@msn.com

 

Any notice of claimed infringement must be a written communication that includes the following under 17 U.S.C. §512(c)(3):

 

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receipt of a notice of claimed infringement, the Site will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the claim. Subsequent proceedings after initial notification are governed by the DMCA.

Pursuant to the DMCA and other applicable law, the Site reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.

 

Acceptance of Privacy Policy

 

California Tropic Promotions respects the privacy of its Users. The Site maintains a Privacy Policy applicable to the Service, which explains the Site’s collection and use of information gathered on the Site. Any User accessing the Site acknowledges and agrees to the California Tropic Promotions Privacy Policy. The California Tropic Promotions Privacy Policy is available at: http://www.CaliforniaTropic.com/privacypolicy.htm

 

 

Confidentiality

 

Users acknowledge that communications with the Site, including, but not limited to, comments, suggestions, questions, and other information or communications about the Service are not confidential. Such communications shall become the property of the Site. In sending the Site any information or material, you grant the Site an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information without User compensation or acknowledgment. Personally-identifiable information that you submit to the Site for purposes of receiving products or services will be handled in accordance with the California Tropic Promotions Privacy Policy or other applicable provisions.

 

Governing Law

 

All Users agree that by visiting or using the Site the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms. All disputes shall be adjudicated within the courts of California and Users agree to consent to such jurisdiction,  waiving all defenses of lack of personal jurisdiction and venue in any disputes that may arise under these Terms.

 

Disclaimers

 

California Tropic Promotions attempts to ensure accuracy of information on the Site, but cannot guarantee that any content is entirely correct, current or complete. The Site may contain technical inaccuracies or typographical errors. The Site may occasionally be temporarily unavailable for maintenance and related reasons.

 

USE OF THIS SITE IS AT A USER’S SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CALIFORNIA TROPIC PROMOTIONS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CALIFORNIA TROPIC PROMOTIONS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

 

YOU UNDERSTAND AND AGREE THAT ACCESSING CALIFORNIA TROPIC PROMOTIONS IS AT THE USER’S OWN RISK AND DISCRETION AND THAT THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

 

IN NO EVENT WILL CALIFORNIA TROPIC PROMOTIONS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CALIFORNIA TROPIC PROMOTIONS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE FOR THE SERVICE, BUT IN NO CASE WILL THE SITE’S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CALIFORNIA TROPIC PROMOTIONS FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CALIFORNIA TROPIC PROMOTIONS, REGARDLESS OF THE CAUSE OF ACTION.

 

Different terms or conditions may apply to specific content, products or services offered through this web site. Where terms in this section conflict with such different terms, the different terms will apply over these Terms.

 

Miscellaneous Provisions

 

These Terms constitute the entire agreement between California Tropic Promotions and a User. If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force and effect. If the Site declines to exercise a right provided in these Terms, such failure shall not constitute a waiver of such right or provision.

 

Contact Information

 

If you have any questions or suggestions regarding these Terms, please contact California Tropic Promotions at:

 

California Tropic Promotions

1425 Atlanta Ct.

Turlock CA 95380

Toll Free: 1 (877) 99-tropic (1-877-998-7674)

Phone: (209) 669-5400

FAX: (209) 669-6151

Email: CaliforniaTropic@msn.com