Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

Effective Date: May 6th, 2014

Welcome to Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract. Please read the following Terms and Conditions of Use Agreement carefully before using  the Site. The following Agreement governs your use of the Site. By accessing and using the Site, you signify and acknowledge your acceptance of this Agreement and our Privacy Policy. Please read both of these documents carefully. Your acceptance of this Agreement provides you with a limited, temporary and non-exclusive license and permission to use the resources of the Site, as well as the opportunity to purchase tickets for one of our food tasting and cultural walking tours or events.  If you do not agree to this Agreement, please do not use the Site or purchase tickets for our tours or events.

1. Intellectual Property. All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example and without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by the Company, and/or the Company’s affiliated entities, licencors and/or suppliers. You may use the Content online only, and solely for your personal, non-commercial use.

2. Infringement Complaints. The Site respects the intellectual property of other. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at the email address listed below under the heading “Contact Us”. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

3. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on the site, you agree that: (i) the Company solely owns all Content and User-Provided Content and retains the unfettered right to modify any portion of the Site.

4. Transactions and e-commerce on the Site. During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or off the Internet (offline). If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that the Company and the Site are not responsible for such errors or discrepancies. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

5. Communications with Third Parties Through the Site. Your dealings or communications through the Site with any party other than the Company and the Site are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In certain cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Company or the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company and the Site are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

6. General Disclaimer and Limitation of Liability. While the Company and the Site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Company and the Site do not represent or warrant that use of any Content will not inadvertently infringe rights of third parties. The Company and the Site have no responsibility for actions of third parties or for content provided or posted by others. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE COMPANY, THE SITE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENCORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, ARE SPECIFICALLY DISCLAIMED. THE COMPANY, THE SITE, AND THE AFFILIATES OF THE FOREGOING ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

IN NO EVENT SHALL THE COMPANY OR THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS AND LICENCORS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, THE SITE, OR THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENCORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

7. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE COMPANY AND THE SITE, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY OR THE SITE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; (4) YOUR PARTICIPATION IN ANY OF THE FOOD AND CULTURAL WALKING TOURS OR EVENTS OFFERED THROUGH THE SITE; AND (5) ANY VIOLATION OF THIS AGREEMENT BY YOU. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

8. Waiver and Release of Claims. By purchasing tickets for and/or participating in the food tasting and cultural sight-seeing walking tours (“Events”) offered the Company and in consideration for being allowed to purchase said tickets, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said purchaser/tour participant (the “Guest”) understands, acknowledges, represents, warrants and agrees as follows, with the clear understanding that the Company will rely on the same: Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

a) VOLUNTARY PARTICIPATION: Guest understands and confirms that his/her participation in the Events is voluntary. Guest is in good health and suffers from no physical or mental condition that would make Guest especially susceptible to injury or disability while participating in the Events. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

b) COMPREHENSION OF RISK: Guest fully comprehends and accepts all of the risks associated with his/her participation in the Events, including without limitation, injury or death resulting from exposure to unfavorable weather conditions, food illness, adverse reactions to food and food stuffs, choking, and injuries (e.g. without exception, those arising from self-inflicted accidents or mishaps, inattention, clumsiness, other Guests, motor vehicles, bicycles, pedestrians, and the like). Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

c) ASSUMPTION OF RISK: Guest assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with his/her participation in the Events. Guest accepts personal responsibility for any liability, injury, loss, or damage in any way connected with his/her participation in the Events. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

d) PROMOTIONAL RELEASE: Guest grants to Company and Company’s assigns the irrevocable, sub-licensable right and license to use in any media now known or later developed, the Guest’s name, likeness, image, photograph, and/or video presence for any and all non-commercial or commercial purposes either now or later, forever, throughout the world without further obligation or compensation to Guest. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

e) RELEASE OF LIABILITY: GUEST’S PARTICIPATION IN THE EVENTS IS AT GUEST’S OWN SOLE RISK. GUEST, ON BEHALF OR HIM/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS, AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, SARA DILL, ERIN O’ROURKE, ZERVE INC.), (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, DAMAGES, ACTIONS, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE EVENTS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO GUEST, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. GUEST, ON BEHALF OF HIM/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE EVENTS. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

f) The Company and its affiliated entities and its employees, shareholders, officers, directors, successors, agents, and assigns, neither own nor operate any person or entity which is to, or does, provide goods or services for these Events. Because the Company does not maintain any control over the personnel, equipment, or operations of these suppliers, the Company assumes no responsibility for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of: (1) any wrongful, negligent, willful, or unauthorized acts or omissions on the part of any of the tour suppliers, or other employees or agents; (2) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or; (3) any wrongful, willful, or negligent act or omissions on any part of any other party not under the supervision or control of the Company. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

g) This section 8 is in addition to, and not a limitation of, the other terms and conditions of this Agreement. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Guest and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights here under at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

9. International Users. The Site is controlled, operated and administered from within the United States of America. The Company and the Site make no representation that materials, or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

10. Adult and Youth Ticket Classes. Please note that our Adult Tour Ticket may include several alcohol tastings. Should any of the participants redeeming the gift certificates be younger than 21 years of age, they will not be served alcohol. No cash or refund of any kind will be provided if Adult Tour Tickets are redeemed for participants under 21 years of age, or any participant who is not served alcohol. Carlsbad Food Tours, it’s employees, and any of it’s affiliates reserve the right to inspect identification for proof of age, and reserve the right to refuse alcohol to anyone for any reason. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

11. Gift Certificates. Gift certificates are only valid at Carlsbad Food Tours, have no cash redemption value, are not transferable, and cannot be used to pay for other gift certificates. Gift certificates are only good for a single transaction; any remaining amount is not exchangeable with cash or another voucher and will be automatically forfeited. Any additional cost exceeding the value of a gift certificate will be paid by the redeemer. Gift certificates must be redeemed according to the instructions on the gift certificate, and will not be accepted on a “walk-up” basis. Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

12. Miscellaneous. The Company and the Site reserve the right to change this Agreement at any time in its sold discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes. The Company and the Site may deny access to any person or user at any time for any reason. In addition, the Company and the Site may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company, the Site or any of their assets.  Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

This Agreement shall be governed by and construed in accordance with the laws of the State of California as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Company or the Site (including, without limitation, related to your participation in any tours or events) must be filed in a federal or state court located in Santa Barbara, California within 180 days of the time in which the events giving rise to such claim occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of the Company or the Site to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted the Site, and all other provisions for which survival is equitable or appropriate. Terms and Conditions

This Agreement also hereby incorporates in full by this reference the Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract.

Cherimarie@CarlsbadFood Tours.com