USER AGREEMENT

PLEASE READ THE USE AGREEMENT BEFORE USING THIS SITE. Use of the site is expressly conditioned on your acceptance of the following terms and conditions. By using this site you accept and indicate, that you agree to all terms, conditions and notices, as contained on this website, as these may, from time to time, be amended by the San Diego North Convention & Visitors Bureau, in its sole discretion. If you do not agree to these terms and conditions, you must not use this site.

I. OWNERSHIP. The content and information, displayed on this website, are the property of the San Diego North Convention & Visitors Bureau and/or its or their various third part provider and distributors. Much of the content found on this site is owned by third part providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively the “Trademarks”) are registered and common law trademarks of the San Diego North Convention & Visitors Bureau, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of the San Diego North Convention & Visitors Bureau, or such other party that may own the Trademarks. All rights are reserved. Reproduction, downloading, copying or (re-)distribution for commercial purposes of any materials and/or of design elements of or on this web site are strictly prohibited, without the prior written permission of San Diego North Convention & Visitors Bureau and/or its affiliates.

II. USE OF SITE. San Diego North Convention & Visitors Bureau grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations, purchases, or to obtain information, and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of San Diego North Convention & Visitors Bureau, and its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of San Diego North Convention & Visitors Bureau. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any San Diego North Convention & Visitors Bureau webpage. You agree that you will not transmit or otherwise transfer any web pages, data or content found on this site to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that San Diego North Convention & Visitors Bureau, deems in its sole discretion to be unreasonable or disproportionate to the benefits San Diego North Convention & Visitors Bureau obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. Notwithstanding the foregoing, if you have been notified by San Diego North Convention & Visitors Bureau that you are prohibited from using the site, then you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. San Diego North Convention & Visitors Bureau may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site. San Diego North Convention & Visitors Bureau reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you.

III. PRIVACY. You have read the San Diego North Convention & Visitors Bureau Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by San Diego North Convention & Visitors Bureau Privacy Policy and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the San Diego North Convention & Visitors Bureau Privacy Policy.

IV. EXCLUSION OF WARRANTIES. San Diego North Convention & Visitors Bureau and any third party providers and distributors make no warranty regarding this website and all its content or materials provided on this site, all of which are provided on an "as is" and "as available" basis for your personal use only. San Diego North Convention & Visitors Bureau and any third party providers and distributors disclaim all warranties and conditions,, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non- infringement and those arising by statute or providers or otherwise in law or from a course of dealing or usage of trade. Neither San Diego North Convention & Visitors Bureau nor any third party providers or distributors warrant, as to the accuracy, completeness, currency or reliability of any content or data, available on or through this website. Your use of this website is at your sole risk. San Diego North Convention & Visitors Bureau does not warrant that the use of the website will be uninterrupted or without errors or that this site, its servers or any e-mail sent from San Diego North Convention & Visitors Bureau are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, therefore, the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary from state to state.

V. LIMITATION OF LIABILITY. San Diego North Convention & Visitors Bureau or any of its affiliates assume no responsibility, and shall be liable for any direct, indirect, punitive, incidental, consequential or any other damages to, or viruses that may affect your computer equipment or other property on account of your access to us, use of, or browsing and/or downloading from this site. In no event shall San Diego North Convention & Visitors Bureau or any third party providers or distributors be liable for any injury, loss, damage, claim or any exemplary, special, punitive, indirect, incidental or consequential damages of any kind, including contract, tort, negligence or any other grounds, incurred by you or any third party that has relied on you, that arise out of, or is in any way connected with the use of this website or any content therein and/or any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservation or ticketing), or the performance or non-performance by San Diego North Convention & Visitors Bureau or any third part provider or distributor. The hotels and other suppliers providing services on this site are independent contractors and not agents or employees of the San Diego North Convention & Visitors Bureau. San Diego North Convention & Visitors Bureau is not liable for the acts, errors, omissions, representation, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. San Diego North Convention & Visitors Bureau shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its control, and shall have no responsibility for any additional expense, omission, delays, re-routing or acts of any government or authority.

V. INDEMNIFACTION. You shall accept, on first request by San Diego North Convention & Visitors Bureau, to, at your own expense, defend and indemnify San Diego North Convention & Visitors Bureau and its third party providers and distributors and their officers, directors, employees, and agents and to hold San Diego North Convention & Visitors Bureau and its third party providers and distributors and their officers, directors, employees, and agents harmless from any and all liabilities, claims, causes of action or demands, including, without limitation, reasonable legal and accounting fees brought by or on your behalf and arise from your use and/or misuse of this website, including any violation by you of this User Agreement. San Diego North Convention & Visitors Bureau shall, at all times and at its sole discretion, be free to assume the exclusive defense on your behalf against and/or in connection with any such liabilities or claims, with the understanding that San Diego North Convention & Visitors Bureau is under no obligation, whatsoever, to any such assumption.

VI. USER INFORMATION. San Diego North Convention & Visitors Bureau and its third part providers and distributors may use information related to you, which it shall obtain by your use of this website, such as your IP-address, name, mailing address, e-mail address, etc., for its own internal purposes, including for marketing. In connection therewith, San Diego North Convention & Visitors Bureau may, in its sole discretion, relay such information to any third parties, involved by San Diego North Convention & Visitors Bureau in connection with the said purposes.

VII. USER SUBMISSIONS. Communications, posted on the website, are considered to be non-confidential. By posting or submitting communications on this website, you, automatically, grant San Diego North Convention & Visitors Bureau the right to, freely, use, reproduce, adapt, modify, publish, edit, translate, distribute and/or display such communications in any form, anywhere and for any purposes, including for merchandising purposes.

San Diego North Convention & Visitors Bureau shall have the right to monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information, that San Diego North Convention & Visitors Bureau deems obscene, defamatory, pornographic, racial, threatening, harassing, abusive, hateful, embarrassing to any person or entity, or that constitutes a violation of any local, state, national, or international law or regulations, or in violation of these terms and conditions. These terms and conditions apply to any journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by San Diego North Convention & Visitors Bureau from you (collectively "Submitted Content"). During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and San Diego North Convention & Visitors Bureau disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to San Diego North Convention & Visitors Bureau and for the use by San Diego North Convention & Visitors Bureau and its affiliates as stated herein, and (b) the use of such Submitted Content by San Diego North Convention & Visitors Bureau will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site. You agree that if you provide Submitted Content, you grant San Diego North Convention & Visitors Bureau and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site or on-line service without San Diego North Convention & Visitors Bureau’s prior written consent, which consent may be withheld by San Diego North Convention & Visitors Bureau in its discretion. Consent may be requested by sending an e-mail to marketing@sandiegonorth.com. You agree that San Diego North Convention & Visitors Bureau may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our discretion, and that such Submitted Content may be shared with our supplier partners, affiliates, customers and other third parties.

It is solely your responsibility to evaluate the truthfulness, accuracy or reliability of any and all opinions, services, advertisements and other communications, provided by any users of this website.

VIII. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to the San Diego North Convention & Visitors Bureau at 12750 High Bluff Drive, Suite 190, San Diego, CA 92130-2083. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

IX. MODIFICATIONS. San Diego North Convention & Visitors Bureau reserves the right to make changes, corrections and/or improvements to the website, as well as to these terms and conditions and regulations and/or any other rules, which govern the use of this website, at any time. Such changes will be posted online. Your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

X. VIOLATIONS OF RULES AND REGULATIONS. San Diego North Convention & Visitors Bureau reserves the right to seek all remedies available at law against violations of the rules, terms, conditions and regulations on the use of this website. This also includes the right to block access to the website from any particular internet address.

XI. LINKS. This website provides links to other websites solely as a convenience to you and not as an endorsement by San Diego North Convention & Visitors Bureau, its third party providers or distributor of the content of such other websites. San Diego North Convention & Visitors Bureau nor any third party provider or distributor shall be responsible for any content of any such linked websites and make no representations or warranty regarding any other websites or the contents or material of the other websites. The access to any other websites, linked to this website, is at your own risk .

XII. TRADEMARKS. You may not reproduce, distribute or otherwise use and/or exploit any trademarks, logos and/or service marks and/or any trademarks, logos or service marks, which are, substantially, similar to those of San Diego North Convention & Visitors Bureau, without the prior written permission of San Diego North Convention & Visitors Bureau.

XIII. SEVERABILITY. These terms and conditions shall be deemed severable. These terms and conditions on the use of this web site constitute the complete agreement between you and San Diego North Convention & Visitors Bureau on your use of this website. In the event any provisions of these terms and conditions should be held by a court of law with competent jurisdiction to be invalid or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and shall determination shall not affect the validity or enforceability of the other terms and conditions.

XIV. GOVERNING LAW AND CHOICE OF FORUM. Any dispute with San Diego North Convention & Visitors Bureau, which may arise from or which is related to this agreement, the use of this website and/or any information obtained via this website, shall be governed, exclusively, by the laws of California and/or the political subdivisions thereof, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in California.

XV. RELATIONSHIP. The relationship between San Diego North Convention & Visitors Bureau and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

XVI. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to San Diego North Convention & Visitors Bureau as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that San Diego North Convention & Visitors Bureau shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by San Diego North Convention & Visitors Bureau in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

XVII. TERMINATION. San Diego North Convention & Visitors Bureau may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which San Diego North Convention & Visitors Bureau and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to San Diego North Convention & Visitors Bureau and its third party providers or distributors, as applicable.

XVIII. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

XIX. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that if you violate any such supplier's rules and restrictions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any monies paid for such reservation(s). San Diego North Convention & Visitors Bureau may debit your account or charge you for any costs we incur as a result of such violation.

XX. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

XXI. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

© 2009 San Diego North Convention & Visitors Bureau