Florida Tourists Guide - Terms & Conditions
Florida Tourists Guide Terms,Conditions and Privacy Policy
Terms of Service and User Agreement
By reading or using any of the resources on Florida Tourists Guide.com (the “Website”), you are entering into an agreement (“Agreement”) with Florida Tourists Guide, Inc., with respect to your use of the information published on the Website or your advertising or posting any information on the Website. If you do not wish to be bound by this Agreement, do not use the Website.
Introduction
1.1 This website, FloridaTouristsGuide.com (“the Website”) is owned and operated by North Carolina Tourist Guide, Inc. (“us,” “we,” “ours,” etc. or “NCTG”), a North Caroilna corporation with a main office 130 Shoreline Loop Mooresville, NC 28117.
1.2 You (“you,” “yours” etc.) are either a consumer of the information (a “Tourist”) or an advertiser (“Member” or “Advertiser”) submitting content for publication on the Website.
1.3 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Website. If at any time you do not agree or consent to the Terms, you may not use the Website. Please print and retain the Terms for your records.
Use of the Website
2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Website at our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Website or part of it. We may have to suspend the Website from time to time to carry out maintenance and to make upgrades.
2.2 You agree not to do or cause to be done anything which might interfere with the proper working of the Website.
2.3 You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website (save for these Terms) without our prior written permission.
2.4 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.
2.5 If you submit any contribution to the Website (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, adapt, publish, translate, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution us. By submitting your contribution to this Website, you warrant that such contribution is:
2.5.1 your own original work and/or that you have the right to make it available to us for all the purposes specified above; and that it doesn’t infringe the intellectual property rights of any party;
2.5.2 not defamatory, knowingly false or misrepresentative of another person; not being used to abuse, harass, stalk or threaten a person or persons; not a violation of any obligation of confidentiality or the privacy, publicity, moral or any other right of any third party;
2.5.3 truthful and complete;
2.5.4 free of viruses, worms, Trojan Horses or other “malware”;
and
2.5.5 does not infringe any law, contractual obligations or the rights of third parties.
2.6 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.5.
2.7 We shall provide you with a confidential username and password to enable you to access parts of the Website. You must maintain the confidentiality of your username and password and must reveal them to no one. You must immediately notify us if you know or suspect that your username and/or password have been disclosed to any other person.
Disclaimers
3.1 Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from the United States. We make no representation that anything referred to in the materials on this Website is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United States are responsible for compliance with local laws if and to the extent local laws are applicable.
3.2 Although we make some efforts to ensure the details on this Website are correct, please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any of the content of this Website, especially those supplied by Advertisers. You may not rely on any information in the Website. (If data are important to you, confirm them with the source before relying on them.) There may be occasions when some of the information featured on the Website may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are unintentional, and we apologize for any inconvenience which this might cause.
3.3 Given the unpredictability of technology, we do not warrant (either expressly or impliedly) that the Website will meet your data processing requirements, that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful elements. As a condition of becoming a user of the Website, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Website applicable from time to time. We shall not be liable for damages of any kind and howsoever arising, including but not limited to damage caused by viruses, worms or Trojan horses related to your use of, or inability to access or properly use, any part of the Website.
3.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including negligence) except as provided in clause 3.6 below, arising directly or indirectly in connection with these Terms, the use of the Website or any of the materials contained in it, or as a result of withdrawing and/or screening, editing or removing any materials or content on the Website or otherwise, except that which is unlawful to exclude.
3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Website, its use, the lack of availability of the Website or any part of it or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.
3.6 We do not exclude liability for death or personal injury arising as a result of the gross negligence by us, our employees, agents or authorized representatives.
3.7 You shall indemnify us in respect of all costs (including legal costs on a full indemnity basis), losses, expenses and claims in respect of or in connection with:
3.7.1 any improper use by you of the Website;
3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations; and
3.7.3 any claim brought against us as a result of or in connection with your actions or omissions.
3.8 The colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that any monitor’s display of any color, texture, or detail of graphics or visual elements of the Website will be accurate.
Intellectual Property
4.1 All brand names, product and service names and copyrights used in this Website (“the Marks”) are Marks of their respective holders. All goodwill associated with the Marks or with our trade names or marks shall inure solely to the benefit of their respective holders or with us, and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.
4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.
4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of us or our licensors and any use of materials on this Website without our prior written consent is strictly prohibited.
Privacy Policy
5.1 Our privacy policy is posted in a separate document, and the terms set forth therein are incorporated here by this reference. See www.floridatouristsguide.com
Hyperlinks
6.1 Certain hypertext links in this Website will lead to websites which are not under our control. When you activate any of these, you will leave our Website. We have no control over the material on any of these linked websites.
6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.
Our Services
7.1 This Website is a guide to services. We do not buy or sell goods. Any goods or services advertised for sale on the Website are offered for sale by the third party whose name and address appears alongside the item on the Website (“the Seller”) and are subject to availability.
7.2 If you order a Seller’s goods or services through this Website, you do so on the terms and conditions of that Seller. Please ensure you read such terms and conditions.
7.3 You shall be responsible for ensuring the accuracy of any order (including any applicable specification) submitted by you and for giving us any necessary information within a sufficient time to enable us to place your order with the relevant Seller.
7.4 We will notify the Seller of the details you have given us. All orders shall be deemed to be an offer by you to purchase goods or services pursuant to the relevant Seller’s terms and conditions. Acknowledgement of your order by the Seller shall be deemed acceptance of your offer. When you order goods or services through the Website we will, if so requested by the Seller, send you an order confirmation which will summarize the order.
7.5 We are not involved in the actual transaction between you and the Seller and the enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Seller (as applicable). We are not obliged to mediate between parties or enforce or execute fulfillment of any contract.
7.6 You acknowledge that your failure to fulfill your obligations under the Seller’s terms and conditions may be legally actionable by the Seller.
Advertising; Prepayment; Satisfaction Guaranteed
8.1 Advertisers may enter into agreements with FTG from time to time to advertise their services or goods on the Website. The specifications of the listing, and the cost of same, is set forth on an order form (“Order”) entered into at that time, and the Order incorporates these Terms by reference. This section 8 shall apply to Orders to the extent not directly in conflict with a term in the Order. Any conflict between an explicit term in an Order and the terms of the section 8 will be resolved in favor of the Order, which is controlling.
8.2 All Orders must be prepaid prior to publication; effective date defined. The effective date of the Order is the date the Order confirmation is signed by the Advertiser. The publication date is the later to occur of the effective date and the date of receipt of good funds. By way of example only, if an Order for an annual listing is signed on September 10 and funds are received on September 15, the listing will be published on the latter date, and the listing will expire on September 10th of the following year.
8.3 FTG has a “satisfaction guaranteed” policy. We strongly believe in the value we deliver to our Members, and we want no Member to be unhappy with the service. Accordingly, any Member who is not satisfied with the service, for any reason, may cancel the advertisement, in which case FTG will drop the Advertiser’s listing or advertisement and refund the unused portion of the prepaid fee.
Force Majeure
9.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.
9.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.
General
10.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 North Carolina law is applicable to any contract made under the Terms. The North Carolina courts in Iredell County have exclusive jurisdiction.
10.3 If you are more than one person, each of you has joint and several obligations under the Terms.
10.4 If any of the Terms are unenforceable as drafted:
10.4.1 it will not affect the enforceability of any other of these terms; and
10.4.2 if it would be enforceable if amended, it will be treated as so amended.
10.5 Any notice which is to be served under the Terms may be served:
10.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and
10.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.
All such notices must be signed.
10.6 No contract will create any right enforceable by any person who is not as party to these Terms or to the contract.
10.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.
10.8 Any queries, complains or comments about the Website, these Terms or any other matter related to FTG should be directed to the owners at “postmaster(at sign)FloridaTouristsGuide[dot]com”.
PRIVACY POLICY
This policy describes the privacy practices of Florida Tourists Guide, Inc. (“FTG”) and is applicable to www.floridatouristsguide.com (“Website”), including related newsletters. See also the Terms of Service and User Agreement governing user’s duties and rights in using the services on the Website.
Summary: We respect your privacy. We will use the information you share with us only to provide the services outlined below. Your email address will never be shared or sold to other web sites or mailing lists. And we will not send you “spam.”
Scope. This policy does not apply to any third-party websites (including ones we link to) or to companies or persons not controlled by, affiliated with or managed by FTG. We recommend that you review the privacy policy at each linked website to determine how that site treats your personal information.
Term. FTG may change this privacy policy prospectively from time to time. The revised policy will be posted on the Website. Please check this page periodically for changes.
INFORMATION COLLECTED
Personally Identifying Information
“Users” of the Website are categorized into three distinct groups, namely:
* anonymous “Visitors”,
* “Advertisers” and
* “Registered Readers.”
The Personally Identifying Information (PII) gathered by FTG on the Website depends on which group the User belongs to.
No PII is gathered as to Visitors.
The PII gathered for Registered Readers is composed of user ID, (which is the User’s email address), password and the status of any subscription to emailed newsletters. Any item that is “flagged” for the “My Travel Folder” feature will also be kept on file until such time as the user deletes such information. After the user deletes the “flagged” information, it is not longer kept by FTG.
The PII gathered for Advertisers includes username, password, name of the business, contact (person) name, address, city, state, zip, “Area” and “SubArea” where the business is located, phone numbers, fax numbers, email addresses, website URL for the business, description of the business, photos of the business, special offers made by the business, category of the business (e.g., hotel, restaurant, etc.), and type of business (e.g., luxury hotel, bed and breakfast, motel). FTG also gathers information during the negotiation and fulfillment of the advertising contract related to which advertising package Advertisers buy, display requirements, price, duration, payment terms and any special variations of the terms and conditions of and order (“Order”) for advertising. If Advertisers use an online facility to make payment for advertising packages, FTG will gather the credit card, PayPal or other information submitted by Advertiser in order to process such payment, but shall not keep a copy of the credit card information thereafter.
Registration: User registration is required to access and use some of the content, services and features on the Website. Upon registration, FTG requires Registered Readers and Advertisers to use a username and a password that will allow them to change their PII as needed. User registration is completed upon pressing the “Submit” button on the registration page of the Website. Registered Readers and Advertisers may update PII and preferences at any time.
Website Products and Services: PII from Registered Readers is collected in order to fulfill subscriptions to emailed newsletters and the features in the “My Travel Folder” feature, namely, keeping a list of sites, articles, advertisements or other online information for a specific Registered Reader, mapping same, emailing the list to a third party, deleting some or all items on the list or retrieving the list for management at a later time.
PII from Advertisers is collected in order to fulfill advertising Orders.
FTG may request additional PII from you upon your optional entry in any sweepstakes, contests, promotions or special offers found on the Website.
Users of the Website who choose to provide feedback or commentary may be asked to provide additional PII such as demographic information, household/personal characteristics and purchase behavior. If such information is gathered for a survey, no PII is released, and it is reported or used only in aggregate form.
Forwarding: Forwarding an article, advertisement or “My Travel Ideas” list requires that you disclose the email address of the person to whom you are forwarding the article. FTG will use this information only to provide the forwarding services and will not save or use the email address for any other purpose.
Legal Process: FTG may disclose and use the information collected where required to do so by law, or where FTG, in good faith, believes the use or disclosure of the information collected is necessary to (1) comply with the law or legal processes; (2) protect and defend FTG rights and property; (3) protect against misuse or unauthorized use of the Website; or to (4) protect the personal safety or property of our users, ourselves or the public. FTG may also use the information collected when, in its sole discretion, it believes it necessary or appropriate in connection with a sale or transfer of some or all of the Website’s assets.
Computer Identifying Information
The information personal to your computer and your computer use that is automatically collected through the use of electronic tools is referred to as Computer Identifying Information (“CII”). The CII gathered by Google’s Web-analytics package for the use of FTG generally includes cookies, specific Website page requests, the referring domain name (e.g., www.google.com) and/or Internet service provider (e.g., Comcast, American Online, NetZero) from which you access the Internet, the Internet Protocol address of your computer, the browser software (e.g. Internet Explorer, FireFox or Safari) and operating system (e.g., Windows XP, Vista, Linux or MacOS) you are using, the geographic area of your IP address, the time and date you accessed the site and the Internet address you visited prior to visiting the site.
Cookies: A cookie is a small amount of data that is sent to your browser from Websites and stored on your computer’s hard drive. Cookies are used by our advertising partner, Google, to deliver targeted advertising based on your viewing behavior at FTG and other sites. We use cookies to help registered users automatically login when returning to the Website. (This is the “remember me on this computer” function.) No other PII is associated with a cookie or CII. Our third-party Web advertising company, Google, may place or recognize its own unique cookie on your browser. For more information about Google, cookies and how to “opt-out,” please click Google Opt Out Policy.
Internet Protocol (IP) Address: An IP address is your computer’s location on the Internet. The Website logs the IP addresses of all Users for systems administration and troubleshooting purposes, and to gather geographic and other information about your use of the site, e.g., which pages were visited for how long. No connection of IP address or other CII to your PII is made.
Aggregate Information: “Aggregate Information” is summary user information derived from CII and PII but which is not personally identifiable with any User.
USE OF INFORMATION COLLECTED
In general, FTG uses your PII and CII that is collected to administer the Website and to provide the services requested. When Users provide PII information and access the Website, they are sharing PII and CII with FTG. If you do not want to share your PII, do not provide it. If you do not want to share CII, do not access the Website.
FTG may share Aggregate Information with third parties such as advertisers and business partners. PII and CII may also be used to perform statistical, demographic and marketing analysis of subscribers and their subscribing and purchasing patterns, in order to provide you with relevant advertisements and to help diagnose problems with our services and the Website.
For example, FTG uses or may use the PII and CII collected to do the following:
Website Use & Registration: FTG uses PII and CII that is collected to fulfill subscriptions, change addresses, confirm and process transactions and to contact the user regarding his or her account, or, if permitted by the User, to offer new or existing products and services and special offers.
Personalization: FTG uses PII and CII that is collected to personalize the content and advertising that users see based on personal characteristics and preferences, enhance products and services and develop new products and services, and share user information with select advertisers or other third parties whose products or services may be of interest to you.
Third Parties Service Providers: FTG may share PII and CII that is collected with third parties hired to perform services on our behalf, including without limitation fulfilling subscription requests, fulfilling Orders, sending emails and assisting in the provision of the Website and its services. Some of the ads appearing on the Website may be delivered to you by Google, our third-party Web advertising company. Information about your visits to this site, such as the number of times you have viewed an ad, may be used to serve ads to you.
Program & Product Offerings: If you have “opted in” for offers from third parties, FTG may use the PII and CII that is collected in order to offer you the opportunity to receive information and offers about products or services from our business partners or third parties.
FTG may buy or sell various assets. In the event that FTG sells some or all of its assets related to the Website, information on Users may be among the transferred assets.
OPTING-OUT
If you do not wish to share your PII, you always have the option to not provide the information or use the Website.
If you are already a Registered Reader, but do not wish to receive email subscriptions, you may log in, go to “My Account” and select “Unsubscribe.” We will not contact you on behalf of FTG or any third party.
If you are an Advertiser, you may opt out of all further contact by FTG after the term of the advertising contract is fulfilled.
Opt-Out Exception: Even if the registered User chooses to opt-out of receiving newsletters or other e-mails from FTG, FTG reserves the right to contact a registered User regarding account status, changes to this policy, the terms of use, license agreements and other matters relevant to the use of the Website, services or software provided through the Website and/or the information collected.
Review & Update Your PII. A registered User of the Website may review and change his or her PII and/or email preferences by clicking on the “My Account” link after signing in.
SECURITY
FTG uses procedures to safeguard and help prevent unauthorized access to the information collected on the Website. Although such protective measures have been put in place, FTG cannot ensure that the information collected will never be disclosed in a manner inconsistent with this Privacy Policy.
FLORIDA CAROLINA PRIVACY RIGHTS
Under Florida law, Florida residents may request once a year, free of charge, certain information regarding FTG disclosure of personal information to third parties for direct marketing purposes. To make such a request, please email us at postmaster@floridatouristsguidecom.
Please include the name and the address to which you would like us to respond.
PRIVACY COORDINATOR
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact the Privacy Coordinator using the contact information provided below:
Privacy Coordinator
Florida Tourists Guide
Postmaster@floridatouristsguidecom.
CHILDREN’S PRIVACY POLICY
FTG does not knowingly collect information from children under 13 years of age, nor is it likely, given the content and nature of the Website, that any such child would wish to register as a User.
USE OF PERSONAL INFORMATION FROM CHILDREN
If a User is a child under 13, all of the child’s personal information collected by FTG is securely maintained and used only for the specified purpose such as mapping “My Travel Ideas.”
FTG may disclose information maintained as required by law, for example, in response to a court order or a subpoena. FTG may also disclose such information in response to a specific law enforcement agency's request. Personal information is not disclosed to third parties except those who provide support for the internal operations of the site.
PARENTAL ACCESS
FTG is the operator collecting information at the Website. Please send an email or letter to our Privacy Coordinator at the email or mailing address provided above if you would like to do any of the following:
Access personally identifiable information that FTG has collected from your child,
Correct factual errors in such information,
Request to have this information deleted, or
Request that we no longer collect or maintain such information about your child.
Please include your email address and telephone number where we can reach you. FTG takes steps to verify the identity of anyone requesting information about a child to ensure that the person is in fact the child's parent or legal guardian.
Other
FTG may change this privacy policy from time to time. The revised policy will be posted on the Website. Please check this page periodically for changes. If you have any questions, comments or concerns regarding our privacy policy and/or practices, please contact the Privacy Coordinator using the contact information provided above.
By reading or using any of the resources on Florida Tourists Guide.com (the “Website”), you are entering into an agreement (“Agreement”) with Florida Tourists Guide, Inc., with respect to your use of the information published on the Website or your advertising or posting any information on the Website. If you do not wish to be bound by this Agreement, do not use the Website.
Introduction
1.1 This website, FloridaTouristsGuide.com (“the Website”) is owned and operated by North Carolina Tourist Guide, Inc. (“us,” “we,” “ours,” etc. or “NCTG”), a North Caroilna corporation with a main office 130 Shoreline Loop Mooresville, NC 28117.
1.2 You (“you,” “yours” etc.) are either a consumer of the information (a “Tourist”) or an advertiser (“Member” or “Advertiser”) submitting content for publication on the Website.
1.3 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Website. If at any time you do not agree or consent to the Terms, you may not use the Website. Please print and retain the Terms for your records.
Use of the Website
2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Website at our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Website or part of it. We may have to suspend the Website from time to time to carry out maintenance and to make upgrades.
2.2 You agree not to do or cause to be done anything which might interfere with the proper working of the Website.
2.3 You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website (save for these Terms) without our prior written permission.
2.4 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.
2.5 If you submit any contribution to the Website (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, adapt, publish, translate, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution us. By submitting your contribution to this Website, you warrant that such contribution is:
2.5.1 your own original work and/or that you have the right to make it available to us for all the purposes specified above; and that it doesn’t infringe the intellectual property rights of any party;
2.5.2 not defamatory, knowingly false or misrepresentative of another person; not being used to abuse, harass, stalk or threaten a person or persons; not a violation of any obligation of confidentiality or the privacy, publicity, moral or any other right of any third party;
2.5.3 truthful and complete;
2.5.4 free of viruses, worms, Trojan Horses or other “malware”;
and
2.5.5 does not infringe any law, contractual obligations or the rights of third parties.
2.6 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.5.
2.7 We shall provide you with a confidential username and password to enable you to access parts of the Website. You must maintain the confidentiality of your username and password and must reveal them to no one. You must immediately notify us if you know or suspect that your username and/or password have been disclosed to any other person.
Disclaimers
3.1 Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from the United States. We make no representation that anything referred to in the materials on this Website is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United States are responsible for compliance with local laws if and to the extent local laws are applicable.
3.2 Although we make some efforts to ensure the details on this Website are correct, please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any of the content of this Website, especially those supplied by Advertisers. You may not rely on any information in the Website. (If data are important to you, confirm them with the source before relying on them.) There may be occasions when some of the information featured on the Website may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are unintentional, and we apologize for any inconvenience which this might cause.
3.3 Given the unpredictability of technology, we do not warrant (either expressly or impliedly) that the Website will meet your data processing requirements, that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful elements. As a condition of becoming a user of the Website, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Website applicable from time to time. We shall not be liable for damages of any kind and howsoever arising, including but not limited to damage caused by viruses, worms or Trojan horses related to your use of, or inability to access or properly use, any part of the Website.
3.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including negligence) except as provided in clause 3.6 below, arising directly or indirectly in connection with these Terms, the use of the Website or any of the materials contained in it, or as a result of withdrawing and/or screening, editing or removing any materials or content on the Website or otherwise, except that which is unlawful to exclude.
3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Website, its use, the lack of availability of the Website or any part of it or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.
3.6 We do not exclude liability for death or personal injury arising as a result of the gross negligence by us, our employees, agents or authorized representatives.
3.7 You shall indemnify us in respect of all costs (including legal costs on a full indemnity basis), losses, expenses and claims in respect of or in connection with:
3.7.1 any improper use by you of the Website;
3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations; and
3.7.3 any claim brought against us as a result of or in connection with your actions or omissions.
3.8 The colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that any monitor’s display of any color, texture, or detail of graphics or visual elements of the Website will be accurate.
Intellectual Property
4.1 All brand names, product and service names and copyrights used in this Website (“the Marks”) are Marks of their respective holders. All goodwill associated with the Marks or with our trade names or marks shall inure solely to the benefit of their respective holders or with us, and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.
4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.
4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of us or our licensors and any use of materials on this Website without our prior written consent is strictly prohibited.
Privacy Policy
5.1 Our privacy policy is posted in a separate document, and the terms set forth therein are incorporated here by this reference. See www.floridatouristsguide.com
Hyperlinks
6.1 Certain hypertext links in this Website will lead to websites which are not under our control. When you activate any of these, you will leave our Website. We have no control over the material on any of these linked websites.
6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.
Our Services
7.1 This Website is a guide to services. We do not buy or sell goods. Any goods or services advertised for sale on the Website are offered for sale by the third party whose name and address appears alongside the item on the Website (“the Seller”) and are subject to availability.
7.2 If you order a Seller’s goods or services through this Website, you do so on the terms and conditions of that Seller. Please ensure you read such terms and conditions.
7.3 You shall be responsible for ensuring the accuracy of any order (including any applicable specification) submitted by you and for giving us any necessary information within a sufficient time to enable us to place your order with the relevant Seller.
7.4 We will notify the Seller of the details you have given us. All orders shall be deemed to be an offer by you to purchase goods or services pursuant to the relevant Seller’s terms and conditions. Acknowledgement of your order by the Seller shall be deemed acceptance of your offer. When you order goods or services through the Website we will, if so requested by the Seller, send you an order confirmation which will summarize the order.
7.5 We are not involved in the actual transaction between you and the Seller and the enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Seller (as applicable). We are not obliged to mediate between parties or enforce or execute fulfillment of any contract.
7.6 You acknowledge that your failure to fulfill your obligations under the Seller’s terms and conditions may be legally actionable by the Seller.
Advertising; Prepayment; Satisfaction Guaranteed
8.1 Advertisers may enter into agreements with FTG from time to time to advertise their services or goods on the Website. The specifications of the listing, and the cost of same, is set forth on an order form (“Order”) entered into at that time, and the Order incorporates these Terms by reference. This section 8 shall apply to Orders to the extent not directly in conflict with a term in the Order. Any conflict between an explicit term in an Order and the terms of the section 8 will be resolved in favor of the Order, which is controlling.
8.2 All Orders must be prepaid prior to publication; effective date defined. The effective date of the Order is the date the Order confirmation is signed by the Advertiser. The publication date is the later to occur of the effective date and the date of receipt of good funds. By way of example only, if an Order for an annual listing is signed on September 10 and funds are received on September 15, the listing will be published on the latter date, and the listing will expire on September 10th of the following year.
8.3 FTG has a “satisfaction guaranteed” policy. We strongly believe in the value we deliver to our Members, and we want no Member to be unhappy with the service. Accordingly, any Member who is not satisfied with the service, for any reason, may cancel the advertisement, in which case FTG will drop the Advertiser’s listing or advertisement and refund the unused portion of the prepaid fee.
Force Majeure
9.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.
9.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.
General
10.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 North Carolina law is applicable to any contract made under the Terms. The North Carolina courts in Iredell County have exclusive jurisdiction.
10.3 If you are more than one person, each of you has joint and several obligations under the Terms.
10.4 If any of the Terms are unenforceable as drafted:
10.4.1 it will not affect the enforceability of any other of these terms; and
10.4.2 if it would be enforceable if amended, it will be treated as so amended.
10.5 Any notice which is to be served under the Terms may be served:
10.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and
10.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.
All such notices must be signed.
10.6 No contract will create any right enforceable by any person who is not as party to these Terms or to the contract.
10.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.
10.8 Any queries, complains or comments about the Website, these Terms or any other matter related to FTG should be directed to the owners at “postmaster(at sign)FloridaTouristsGuide[dot]com”.
PRIVACY POLICY
This policy describes the privacy practices of Florida Tourists Guide, Inc. (“FTG”) and is applicable to www.floridatouristsguide.com (“Website”), including related newsletters. See also the Terms of Service and User Agreement governing user’s duties and rights in using the services on the Website.
Summary: We respect your privacy. We will use the information you share with us only to provide the services outlined below. Your email address will never be shared or sold to other web sites or mailing lists. And we will not send you “spam.”
Scope. This policy does not apply to any third-party websites (including ones we link to) or to companies or persons not controlled by, affiliated with or managed by FTG. We recommend that you review the privacy policy at each linked website to determine how that site treats your personal information.
Term. FTG may change this privacy policy prospectively from time to time. The revised policy will be posted on the Website. Please check this page periodically for changes.
INFORMATION COLLECTED
Personally Identifying Information
“Users” of the Website are categorized into three distinct groups, namely:
* anonymous “Visitors”,
* “Advertisers” and
* “Registered Readers.”
The Personally Identifying Information (PII) gathered by FTG on the Website depends on which group the User belongs to.
No PII is gathered as to Visitors.
The PII gathered for Registered Readers is composed of user ID, (which is the User’s email address), password and the status of any subscription to emailed newsletters. Any item that is “flagged” for the “My Travel Folder” feature will also be kept on file until such time as the user deletes such information. After the user deletes the “flagged” information, it is not longer kept by FTG.
The PII gathered for Advertisers includes username, password, name of the business, contact (person) name, address, city, state, zip, “Area” and “SubArea” where the business is located, phone numbers, fax numbers, email addresses, website URL for the business, description of the business, photos of the business, special offers made by the business, category of the business (e.g., hotel, restaurant, etc.), and type of business (e.g., luxury hotel, bed and breakfast, motel). FTG also gathers information during the negotiation and fulfillment of the advertising contract related to which advertising package Advertisers buy, display requirements, price, duration, payment terms and any special variations of the terms and conditions of and order (“Order”) for advertising. If Advertisers use an online facility to make payment for advertising packages, FTG will gather the credit card, PayPal or other information submitted by Advertiser in order to process such payment, but shall not keep a copy of the credit card information thereafter.
Registration: User registration is required to access and use some of the content, services and features on the Website. Upon registration, FTG requires Registered Readers and Advertisers to use a username and a password that will allow them to change their PII as needed. User registration is completed upon pressing the “Submit” button on the registration page of the Website. Registered Readers and Advertisers may update PII and preferences at any time.
Website Products and Services: PII from Registered Readers is collected in order to fulfill subscriptions to emailed newsletters and the features in the “My Travel Folder” feature, namely, keeping a list of sites, articles, advertisements or other online information for a specific Registered Reader, mapping same, emailing the list to a third party, deleting some or all items on the list or retrieving the list for management at a later time.
PII from Advertisers is collected in order to fulfill advertising Orders.
FTG may request additional PII from you upon your optional entry in any sweepstakes, contests, promotions or special offers found on the Website.
Users of the Website who choose to provide feedback or commentary may be asked to provide additional PII such as demographic information, household/personal characteristics and purchase behavior. If such information is gathered for a survey, no PII is released, and it is reported or used only in aggregate form.
Forwarding: Forwarding an article, advertisement or “My Travel Ideas” list requires that you disclose the email address of the person to whom you are forwarding the article. FTG will use this information only to provide the forwarding services and will not save or use the email address for any other purpose.
Legal Process: FTG may disclose and use the information collected where required to do so by law, or where FTG, in good faith, believes the use or disclosure of the information collected is necessary to (1) comply with the law or legal processes; (2) protect and defend FTG rights and property; (3) protect against misuse or unauthorized use of the Website; or to (4) protect the personal safety or property of our users, ourselves or the public. FTG may also use the information collected when, in its sole discretion, it believes it necessary or appropriate in connection with a sale or transfer of some or all of the Website’s assets.
Computer Identifying Information
The information personal to your computer and your computer use that is automatically collected through the use of electronic tools is referred to as Computer Identifying Information (“CII”). The CII gathered by Google’s Web-analytics package for the use of FTG generally includes cookies, specific Website page requests, the referring domain name (e.g., www.google.com) and/or Internet service provider (e.g., Comcast, American Online, NetZero) from which you access the Internet, the Internet Protocol address of your computer, the browser software (e.g. Internet Explorer, FireFox or Safari) and operating system (e.g., Windows XP, Vista, Linux or MacOS) you are using, the geographic area of your IP address, the time and date you accessed the site and the Internet address you visited prior to visiting the site.
Cookies: A cookie is a small amount of data that is sent to your browser from Websites and stored on your computer’s hard drive. Cookies are used by our advertising partner, Google, to deliver targeted advertising based on your viewing behavior at FTG and other sites. We use cookies to help registered users automatically login when returning to the Website. (This is the “remember me on this computer” function.) No other PII is associated with a cookie or CII. Our third-party Web advertising company, Google, may place or recognize its own unique cookie on your browser. For more information about Google, cookies and how to “opt-out,” please click Google Opt Out Policy.
Internet Protocol (IP) Address: An IP address is your computer’s location on the Internet. The Website logs the IP addresses of all Users for systems administration and troubleshooting purposes, and to gather geographic and other information about your use of the site, e.g., which pages were visited for how long. No connection of IP address or other CII to your PII is made.
Aggregate Information: “Aggregate Information” is summary user information derived from CII and PII but which is not personally identifiable with any User.
USE OF INFORMATION COLLECTED
In general, FTG uses your PII and CII that is collected to administer the Website and to provide the services requested. When Users provide PII information and access the Website, they are sharing PII and CII with FTG. If you do not want to share your PII, do not provide it. If you do not want to share CII, do not access the Website.
FTG may share Aggregate Information with third parties such as advertisers and business partners. PII and CII may also be used to perform statistical, demographic and marketing analysis of subscribers and their subscribing and purchasing patterns, in order to provide you with relevant advertisements and to help diagnose problems with our services and the Website.
For example, FTG uses or may use the PII and CII collected to do the following:
Website Use & Registration: FTG uses PII and CII that is collected to fulfill subscriptions, change addresses, confirm and process transactions and to contact the user regarding his or her account, or, if permitted by the User, to offer new or existing products and services and special offers.
Personalization: FTG uses PII and CII that is collected to personalize the content and advertising that users see based on personal characteristics and preferences, enhance products and services and develop new products and services, and share user information with select advertisers or other third parties whose products or services may be of interest to you.
Third Parties Service Providers: FTG may share PII and CII that is collected with third parties hired to perform services on our behalf, including without limitation fulfilling subscription requests, fulfilling Orders, sending emails and assisting in the provision of the Website and its services. Some of the ads appearing on the Website may be delivered to you by Google, our third-party Web advertising company. Information about your visits to this site, such as the number of times you have viewed an ad, may be used to serve ads to you.
Program & Product Offerings: If you have “opted in” for offers from third parties, FTG may use the PII and CII that is collected in order to offer you the opportunity to receive information and offers about products or services from our business partners or third parties.
FTG may buy or sell various assets. In the event that FTG sells some or all of its assets related to the Website, information on Users may be among the transferred assets.
OPTING-OUT
If you do not wish to share your PII, you always have the option to not provide the information or use the Website.
If you are already a Registered Reader, but do not wish to receive email subscriptions, you may log in, go to “My Account” and select “Unsubscribe.” We will not contact you on behalf of FTG or any third party.
If you are an Advertiser, you may opt out of all further contact by FTG after the term of the advertising contract is fulfilled.
Opt-Out Exception: Even if the registered User chooses to opt-out of receiving newsletters or other e-mails from FTG, FTG reserves the right to contact a registered User regarding account status, changes to this policy, the terms of use, license agreements and other matters relevant to the use of the Website, services or software provided through the Website and/or the information collected.
Review & Update Your PII. A registered User of the Website may review and change his or her PII and/or email preferences by clicking on the “My Account” link after signing in.
SECURITY
FTG uses procedures to safeguard and help prevent unauthorized access to the information collected on the Website. Although such protective measures have been put in place, FTG cannot ensure that the information collected will never be disclosed in a manner inconsistent with this Privacy Policy.
FLORIDA CAROLINA PRIVACY RIGHTS
Under Florida law, Florida residents may request once a year, free of charge, certain information regarding FTG disclosure of personal information to third parties for direct marketing purposes. To make such a request, please email us at postmaster@floridatouristsguidecom.
Please include the name and the address to which you would like us to respond.
PRIVACY COORDINATOR
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact the Privacy Coordinator using the contact information provided below:
Privacy Coordinator
Florida Tourists Guide
Postmaster@floridatouristsguidecom.
CHILDREN’S PRIVACY POLICY
FTG does not knowingly collect information from children under 13 years of age, nor is it likely, given the content and nature of the Website, that any such child would wish to register as a User.
USE OF PERSONAL INFORMATION FROM CHILDREN
If a User is a child under 13, all of the child’s personal information collected by FTG is securely maintained and used only for the specified purpose such as mapping “My Travel Ideas.”
FTG may disclose information maintained as required by law, for example, in response to a court order or a subpoena. FTG may also disclose such information in response to a specific law enforcement agency's request. Personal information is not disclosed to third parties except those who provide support for the internal operations of the site.
PARENTAL ACCESS
FTG is the operator collecting information at the Website. Please send an email or letter to our Privacy Coordinator at the email or mailing address provided above if you would like to do any of the following:
Access personally identifiable information that FTG has collected from your child,
Correct factual errors in such information,
Request to have this information deleted, or
Request that we no longer collect or maintain such information about your child.
Please include your email address and telephone number where we can reach you. FTG takes steps to verify the identity of anyone requesting information about a child to ensure that the person is in fact the child's parent or legal guardian.
Other
FTG may change this privacy policy from time to time. The revised policy will be posted on the Website. Please check this page periodically for changes. If you have any questions, comments or concerns regarding our privacy policy and/or practices, please contact the Privacy Coordinator using the contact information provided above.