Overview
Welcome. These Terms of Use state the terms and conditions of your use of JOIN.MONTECITOVILLAGETRAVEL.com (the "Web Site"). Please read these terms before using the Web Site. Using our Web Site is voluntary by you.
Acceptance of Terms
These terms restrict your rights and remedies and provide rights and protections to us. These also include warranty disclaimers and limitations and exclusions of liability. By visiting our Web Site, you acknowledge and agree this is a fair balance because the Web Site is available to you conveniently; and if you don’t agree or don’t want to accept these terms, you can easily choose to not visit the Web Site. If you do not agree, or if anything is not in these terms that you consider essential, you can choose to not use our Web Site. By using the Web Site you agree to comply with all the Terms of Use.
About Us
We are Montecito Village Travel (referred to as "we," or "us" or "our"). Our address, which is a way to reach us as an alternative to using our site, is 3229 State Street, Santa Barbara, CA 93105.
Use
You can use our Web Site to obtain information about us, our services, our team and travel opportunities.
Access to Our Web Site
Access to our Web Site is permitted on a temporary basis. We reserve the right to modify any content or functionality on our Web Site at any time, without notice. We will not be liable if for any reason our Web Site is unavailable for any period, whether or not the unavailability was in our control. From time to time, we may restrict access to parts of our Web Site, or our entire Web Site.
You must use our Web Site only according to these Terms of Use, including the below Acceptable Use Provisions.
You are responsible to make any arrangements needed for you to access our Web Site and to ensure that all persons who access our Web Site through your internet connection are aware of these terms, and comply with them.
The right to use the Web Site is personal to you and is not transferable to any other person or entity.
Acceptable Use
You may use our Web Site only for lawful purposes. You must not use our Web Site: any way that violates federal, state or local law or regulation; any way that has unlawful or fraudulent purpose or effect; to harm or try to harm us or any person or entity; any way that could disable, overburden, damage, or impair our Web Site or interfere with anyone else's use of our Web Site. You agree not to reproduce, duplicate, copy, re-sell or purport to re-sell any part of our Web Site, or any service available through our Web Site and not to access without authority, interfere with, damage or disrupt any part of our Web Site or any software used in our Web Site or equipment or network or software owned or used by any third party.
If we determine a breach of these Acceptable Use Provisions may have occurred through your use of our Web Site, we may take whatever action we deem appropriate.
Violating these provisions is a breach of these terms and may result in us blocking your access to our site, legal action and exercise of all available rights and remedies.
Ownership
All or substantially all content in our Web Site is owned by or licensed to us and is protected by United States and international copyright laws, except for any works of the United States government. This includes text, images, artwork, any sound, and all other content, elements and aspects of our Web Site. We retain all rights to the contents of our Web Site. The contents of our Web Site may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from us, except as follows: Permission is granted to view and print materials from our Web Site for the non-commercial purpose of personal viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on our Web Site, whether in electronic or hard copy, without our express prior written consent is prohibited.
You must not infringe any intellectual property rights or use any part of the content on our Web Site for any commercial purpose without getting a license or permission in writing from us. You must not use any of our trademarks or trade names without our written consent.
If you print, copy or download any part of our Web Site in breach of these terms of use, your right to use our Web Site will end immediately and you must, at our option, return or destroy any copies of materials you made.
Trademarks
Montecito Village Travel, Virtuoso, Your Travel Center, The Frosch Travel Group and other trademarks and service marks (including logos and designs) on our Web Site are trademarks or service marks of specified organizations and the goods or services of the organizations. These marks may not be used without the organization's prior written consent.
Children's Issues
The Web Site is not directed to children under 18 years of age. Children under this age must not use the web site or services offered or submit any individually identifiable information about themselves.
Links to Third-Party Web Sites
If at any time our Web Site provides any link(s) to any third party(s) sites, the link(s) are for information and convenience only. We do not control contents of those sites and accept no responsibility for them or for loss or damage that may arise from your use of or accessing them. You agree that Montecito Village Travel will have no liability arising from content, use of or any other matter or event arising from or relating to any link(s) to or use of another website.
Disclaimers and Limitations of Liability
THE CONTENTS OF OUR WEB SITE ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY CONTENT, OR ACCESSIBILITY OF OUR WEB SITE.
AS EXAMPLES, WE DO NOT WARRANT THAT ACCESS WILL BE AVAILABLE ALL TIMES, OR WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC OR OTHER ERRORS; OR THAT OUR WEB SITE OR ANY SERVER IS FREE FROM VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER CONTENT OR ELEMENTS THAT ARE MALICIOUS OR HARMFUL OR FREE FROM DELAY OR FAILURE TO PERFORM WHETHER DUE TO OR CAUSED BY FACTORS WITHIN OR BEYOND OUR CONTROL.
YOU AGREE THAT WE AND OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISCLOSURE OF PRIVATE INFORMATION; PROPERTY DAMAGE OR LOSS, OR INJURY OR DAMAGE OR FAILURE OR DELAY OF TRAVEL OR LOSS OF OR LOSS OF USE OF ANY PROPERTY OR DEVICE OR LOST REVENUE, INCOME OR PROFIT ARISING FROM YOUR USE OF OUR WEB SITE OR SERVICE, EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY US AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT WE ARE UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE OUR WEB SITE AND/OR OUR SERVICE.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF TRAVEL, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA, OR OTHER DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, CONTENT ON THIS WEB SITE, ANY SERVICE OR PRODUCT YOU OBTAIN THROUGH THE USE OF THIS WEB SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall our total liability to you for all damages exceed $125 U.S. dollars. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, AGREE TO AND RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS ("CLAIMS") AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THIS WEB SITE; SERVICES OR PRODUCTS YOU OBTAIN THROUGH USE OF THIS WEB SITE; INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THIS WEB SITE; OR USE OR EXPOSURE OR RELEASE OF INFORMATION YOU PROVIDED US THROUGH THIS WEB SITE.
These terms of use do not affect your statutory rights as a consumer.
Information About You; Information You Provide
We may collect, store, use and otherwise process information about you, seeking to do so in accordance with our privacy policy. To see our privacy policy please click here: Privacy Policy. By using our Web Site, you consent to our collection, storage, use and processing. You warrant that all information and data you provide is true and accurate.
Viruses, Hacking and Other Offences
You must not misuse our Web Site by introducing any virus, trojan horse, worm, time-bomb, logic bomb, keystroke logger, spyware, adware or other material which is malicious or harmful. You must not try to gain or actually gain unauthorized access to our Web Site, any server or other facility on which our Web Site or its elements are stored or any server, computer, database or other facility connected to our Web Site. You must not attack our Web Site by a denial-of-service attack or distributed denial-of service attack or similar kind of activity.
We are not liable for loss or damage caused by a distributed denial-of-service attack, virus or other harmful material that may infect your device, equipment, program, data or other proprietary material due to your use of our Web Site or to your downloading any material posted on our Web Site, or on any website linked to our Web Site.
Linking to Our Site
You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or make unauthorized or unlawful use of our property and/or content. Your link must not suggest or imply any association, approval or endorsement by us.
You must not establish a link from any website not owned by you. You must not frame our Web Site on another site. You must not create a link to any part of our Web Site other than the home page. We reserve the right to withdraw linking permission without notice. You must comply with any request by us to remove the link or delink. The website from which you link must comply with and not violate these terms of use.
If you wish to use material on our site other than stated in these terms, please address your inquiry to us on our Contact Us page or our mailing address shown in these terms.
Content or Copyright Complaints
We seek to respect intellectual property of others. If you believe any content in our Web Site may infringe your copyright or other rights, please provide our copyright agent the following information:
- (i) electronic or physical signature of person authorized to act on behalf of owner of claimed copyright;
- (ii) description of copyrighted work you claim is infringed;
- (iii) location and description in our site where the material is located that you claim is infringing;
- (iv) your name, address, phone number and e-mail address;
- (v) statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
- (vi) statement by you, under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on our site is:
DMCA Copyright Agent
3329 State Street
Santa Barbara, CA 93105
or Email us on our Contact Us page
Changes
We may edit, update, add to, remove and otherwise change content or functionality of our Web Site at any times. We may suspend access to all or parts of our Web Site. We are not obligated to take these actions. So any content on our Web Site could be out of date at any time. We may revise these terms of use at any time. You should check this page from time to time to note any changes we made, as they are binding on you. Some provisions in these terms may be superseded by provisions or notices published elsewhere on our Web Site.
Waiver and Severance
No failure or delay by us to exercise any right or remedy provided under these terms of use or by law shall waive that or any other right or remedy, nor preclude or restrict our further exercise of that or any other right or remedy.
If any provision of these terms of use (or part of any provision) is held to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and severed, and the validity and enforceability of the other provisions of these terms of use shall not be affected.
Location
We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible to comply with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the state, territory or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country on which the U.S. has placed an embargo or other applicable restriction, including without limitation (at June 2018), Crimea – Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria; (b) by anyone in the U.S. Treasury Department's Specially Designated national list, (c) to anyone on the U.S. Commerce Department's Table of Denial Orders; or (d) from or to any other place or anyone else, in violation of a restriction established by any department of the U.S. government. You represent and warrant that you are not in, or under the control of, or a national or resident of any such country or on any such list.
Law and Forum
We are located in Santa Barbara, California. These terms of use will be interpreted and construed according to California law applicable to agreements entered into and to be performed entirely within California and thus excluding and without regard for conflict of law provisions. You agree you shall not be entitled to join or consolidate claims or bring any claim as a representative or class action.
Time Limit to Bring Claims
Any cause of action or claim you may have arising out of or relating to these terms of use or the website or our service must be commenced within one (1) year after the claim or cause of action accrues, otherwise, the claim or cause of action is permanently barred. The parties agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
Waiver
Our failure or delay of enforcing any of these terms of use shall not be a waiver of our right later to enforce each and every term of these terms of use. Any waiver by us on any one or more occasions will not be construed to be a waiver of any succeeding or other breach.
Third Party Beneficiaries
Our affiliates at any time are intended to be third party beneficiaries of the provisions of these terms of use, each with the right to enforce these terms of use. Otherwise, these terms are not for the benefit of any other person or entity. The terms we enter into with other persons or entities (even if the same as these terms) are not for your benefit. We do not promise you that we will or can enforce our restrictions or prohibitions or any terms, against any other person or entity. YOU ASSUME THE RISK THAT OTHER PERSONS WILL VIOLATE OUR TERMS WHICH MAY OFFEND, DAMAGE AND/OR INJURE YOU.
Other Provisions
If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions. The headings in these terms are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these terms. These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us. Waiver of any term or condition on one occasion is not a waiver as to other occasions.
Contacting Us
You may contact us by submitting an e-mail on our Contact Us page, or writing to us at Montecito Village Travel, 3329 State Street Santa Barbara, CA 93105 for all questions. If you have any concern about the Web Site or these terms, please send an e-mail or write to us at the above address. We'll make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention. We do not assure that we will be able to do so.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Changes to These Terms of Use
These Terms of Use were last updated on January 23, 2019. Your Travel Center reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location.
Contact Information
Please contact Montecito Village Travel with any questions or comments regarding these Terms of Use.