Welcome to anacapa.biz! Anacapa Holdings, Ltd. ("Anacapa") maintains the Web site located at www.anacapa.biz and allows visitors to use it subject to the following terms and conditions (the "Terms"). BY USING ANACAPA.BIZ, INCLUDING THE INFORMATION THAT IT OFFERS (COLLECTIVELY, THE "SITE"), YOU ACCEPT THE TERMS AND ANY MODIFICATIONS THAT MAY BE MADE TO THE TERMS FROM TIME TO TIME; IF YOU DO NOT AGREE TO THE TERMS YOU MAY NOT USE THE SITE. If you have any questions about your obligations under this Agreement, please contact us.
1. Use of Content on the Site
Any unauthorized use of the Site terminates the permission or license granted by Anacapa. The Site and the content of the Site are Anacapa's property and are protected by U.S. and international copyright laws. You may download, print, and view content from the Site as long as you only use the content for non-commercial personal use and as long as you do not modify or alter the content in any way. You may not copy, republish, distribute, prepare derivative works, or otherwise use the content of the Site other than as expressly permitted by these Terms.
2. Access Limits
Without Anacapa's express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders or scripts), or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," "deep-linking" or any other activity with the purpose of obtaining content, lists of users or other information. You may not use any meta tags or any other "hidden text" utilizing Anacapa's name, trademarks or service marks without the express written consent of Anacapa. You may not use any Anacapa logo or other proprietary graphic, trademark or service mark as part of a link without express written permission from Anacapa. When you use the Site and its content for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the Site in any manner that is inconsistent with applicable law or which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
3. No Resale of the Site
Without Anacapa's express written consent, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Anacapa, in its sole discretion, may terminate your use of the Site for any reason, including, without limitation, if Anacapa believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Anacapa may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. Anacapa is not liable to you or any third-party for any termination of your access to the Site.
You agree to indemnify and hold Anacapa, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms, or your violation of any rights of another.
6. Dealings with Advertisers or Partners
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that Anacapa is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
Anacapa may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond Anacapa's control. Anacapa makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Anacapa, with respect to such sites. ANACAPA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
8. No Warranty
THE SITE AND ANACAPA'S SERVICES ARE PROVIDED "AS IS," AND ANACAPA AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Anacapa does not promise or warrant to you that any aspect of the Site will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
9. Liability Limits
IN NO EVENT WILL ANACAPA OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL Anacapa OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
10. Modifications to these Terms
Anacapa reserves the right to modify these Terms periodically, without prior notice. Please check these terms periodically for changes. Any such revisions, amendment, or modifications will be effective upon the posting of such change on the Site. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
All matters relating to your access to and use of the Site are governed in all respects by the laws of the Country of Ireland as such laws are applied to agreements entered into and to be performed entirely within Ireland between Ireland residents, without reference to conflicts of law provisions. You and Anacapa each agree to attempt in good faith to resolve any bona fide controversy or claim arising out of or relating to these Terms or the Site by confidential mediation under the then-current CPR Mediation Procedure before resorting to arbitration. Mediation of the controversy or claim will be conducted on an agreed date by a single, agreed upon, independent mediator in Dublin, Ireland or another agreed location. Any bona fide controversy or claim not resolved within a reasonable period of time by discussion or mediation will be finally resolved by confidential, binding arbitration in accordance with the CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration by a sole arbitrator appointed in accordance with those rules. Any such controversy or claim shall be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The place of the arbitration will be Dublin County, Ireland (unless you and Anacapa otherwise agree prior to the initiation of the arbitration). The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Ireland law. The arbitrator will not be empowered to award damages in excess of compensatory damages. Any claim by either party will be time-barred unless that party commences the arbitration within one year after the claim arises, provided that this time limit shall be tolled during any discussion or mediation of the claim. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dublin County, Ireland as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dublin County, Ireland. If any portion of these Terms is deemed unenforceable by a court of competent jurisdiction or an arbitrator, then that portion will be enforced to the maximum extent possible and the remaining portions of these Terms will be given full effect. Anacapa's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Anacapa will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. Anacapa may require registration or payment to continue use of any aspect of the Site at any time. These Terms constitute the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to your access to and use of the Site and the subject matter of these Terms.