WEBSITE TERMS-OF-USE AGREEMENT
USE OF WEBSITE
This Website is provided solely for the use of current and future customers of Traverse City Tourism to provide you with information about our company, our destination, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this Website is prohibited.
WEBSITE CONTENTS AND OWNERSHIP
The information contained on this Website, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of Traverse City Tourism and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this Website solely for the purposes of using this Website for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Contents. Except as provided in this Notice, Traverse City Tourism does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
This website and the information, content, and materials on this website are provided on an “as is,” “where is,” and “where available” basis. Traverse City Tourism makes no representations or warranties of any kind, express or implied, as to the operation of the website, the content, information, or the materials on this website. To the fullest extent permissible under applicable law, Traverse City Tourism expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content, or information on this website or any goods or other products of services offered, sold, or displayed on this website or your use of this website generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
LIMITATION OF LIABILITIES
You agree that Traverse City Tourism and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this website regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Traverse City Tourism or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this website or any other products, services, or information offered, sold, or displayed on this website, you use of, or inability to use, this website generally, or otherwise in connection with this agreement, regardless of whether Traverse City Tourism or any of its providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend, and hold harmless Traverse City Tourism, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parents or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in this Agreement and to abide by this Agreement.
TERM AND TERMINATION
Without limiting its other remedies, Traverse City Tourism may immediately discontinue, suspend, terminate, or block your and any user’s access to this Website at any time in our sole discretion.
CONTROLLING LAW AND JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree that this Website shall be deemed solely based in Michigan and shall be deemed a passive Website that does not give rise to personal jurisdiction over Traverse City Tourism, either specific or general, in jurisdictions other than Michigan. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Grand Traverse County Michigan for any disputes with Traverse City Tourism arising out of your use of this Website.
This Agreement constitutes the entire agreement between Traverse City Tourism and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Traverse City Tourism with respect to this Website. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Traverse City Tourism does not and will not assume any obligation to notify you of changes to this Agreement.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Traverse City Tourism solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
COLLECTION AND USE OF PERSONAL INFORMATION
Traverse City Tourism may collect Personal Information when you use the Website. The types of Personal Information you provide Traverse City Tourism may include, name, address, phone number, e-mail address, and other information. Traverse City Tourism is permitted to use your e-mail address, however obtained, to communicate with you and to update you on services and benefits. By submitting an e-mail to Traverse City Tourism or posting information on the Traverse City Tourism Website, you hereby agree that Traverse City Tourism may contact you. Traverse City Tourism may use this Personal Information to customize the content that you might see on the Traverse City Tourism Website.
Traverse City Tourism may also collect data about usage and service operation that is not associated with specific personal identity. In particular, Traverse City Tourism may log your IP address when you use the Traverse City Tourism Website to collect other information via cookies to evaluate how visitors use the Traverse City Tourism Website.
Traverse City Tourism does not use your Personal Information for advertisements by a third-party. Traverse City Tourism may use your e-mail address consistent with the above provisions. You are permitted and able to opt-out of communications from Traverse City Tourism to you, but you must do so in writing.
SHARING AND DISCLOSURE OF PERSONAL INFORMATION
Traverse City Tourism will not sell, rent, lease, or transfer your Personal Information to any individual, business, or government entity, unless to: (i) respond to duly authorized information requests of governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of Traverse City Tourism; or (iv) to protect the personal safety of Traverse City Tourism employees and third parties on Traverse City Tourism property. Traverse City Tourism will share your Personal Information with other entities only upon authorization from you that Traverse City Tourism share such information.
USER ACCOUNT ACCESS
Should Traverse City Tourism assign you a username and password for access to any of Traverse City Tourism’s services, under no condition will Traverse City Tourism share your user account information with another individual, business, or governmental entity, unless ordered to do so by a court of law pursuant to legal process.
PROTECTION OF PERSONAL INFORMATION
You are advised not to share unnecessary Personal Information, including any username and password with any other person. Unfortunately, no security system can be guaranteed to be 100% secure. Traverse City Tourism uses commercially reasonable efforts to protect your Personal Information.