Introduction

Welcome to the Santa Catalina Island Company’s website (www.VisitCatalinaIsland.com) (the “Site”). The Site is owned and operated by the Santa Catalina Island Company, a Delaware corporation (together with its subsidiaries and divisions, which are listed below, collectively referred to as “SCICo,” “us,” “our” and/or “we”). Your use of the Site is governed by the following Terms and Conditions (these “Terms”), regardless of how or why you access the Site. These Terms apply only to your usage of the Site and do not apply to any of our offline transactions with you.
 
Please read these Terms before you use the Site. Your usage of the Site signifies that you have read and agree with all of these Terms, so please don’t use the Site if you don’t agree with any of them.
 
We reserve the right to update and revise the Site and these Terms at any time. You can determine if these Terms have been revised since your last visit by referring to the effective date at the top of each page. Your use of the Site following such revision constitutes your acceptance of these Terms as amended or revised by us, and you should therefore review these Terms regularly to make sure that you are aware of any changes.
 
We reserve the right, without notice and for any reason, to remove any content on the Site, and to deny access of any user or users to all or any part of the Site.
 

Jurisdiction

The Site is controlled and operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
 

Personal Use

Your use of the materials and information found on the Site is for personal, informational, trip planning and shopping purposes only. You agree that you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the Site in any way. You agree to indemnify, defend and hold us harmless for any and all unauthorized uses you may make of any material and information found on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief.
 
While using the Site, you agree to comply with all applicable laws, rules and regulations.
 

Conduct on the Site

Users of the Site are expected to respect the rights and dignity of others. Specifically, you agree not to:
 
Use the Site for any fraudulent or unlawful purpose.
 
Use the Site to slander, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, or harvest or collect Personally Identifiable Information about other users of the Site.
 
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make or have made.
 
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of our networks.
 
Transmit or otherwise make available in connection with the Site any virus, worm, spyware, or other computer code, file, or application that may be harmful or invasive or may or is actually intended to damage or overtake the operation of, or to monitor the usage of, any hardware, software, or equipment.
 
Restrict or inhibit any other person from using the Site (including without limitation by defacing the Site or any part thereof).
 
Reproduce, copy, sell, resell, or otherwise exploit for any purposes, any portion of or access to the Site.
 
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
 
Remove any copyright, trademark, or other intellectual property rights notice from the Site or materials originating from the Site.
 
Frame or mirror any part of the Site without obtaining our prior written consent.
 
Create a database by downloading and saving content from the Site.
 
Use any manual or automatic site search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. Operators of search engines are hereby granted a limited permission to use retrieval applications to reproduce materials from the Site for the purpose of and only to the extent necessary for creating publicly available searchable indices of content on the Site and only in connection with each operator’s public online search service. We reserve the right to revoke this permission in whole or in part.
 

Content you submit using the Site

If you choose to post, upload, input, provide or submit any information or comments to the Site, you consent to our collection of such information, and you grant us, and any necessary sublicensees, permission to use such information in connection with the operation of the Site and our business generally, including, without limitation for our advertising. You grant us the worldwide, royalty-free exclusive rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted information; and to publish your name and any contact information in connection with your submitted information. No compensation will be paid with respect to the use of your submitted information. We are under no obligation to post or use any information you may provide and we may remove any such information at any time in our sole discretion. We do not claim ownership to any information that you may provide, unless otherwise expressly provided. In the event that you submit Personally Identifiable Information to us using the Site, you acknowledge that you have read and understand our Privacy Policy.
 
In addition to the above, here are some other things you should know if you subscribe to, comment or post to one of our blogs or any other portion of the Site:
 
All comments will be reviewed before posting.
 
We reserve the right to decide what to post and whether to remove or respond to any posts.
 
All comments must relate in some way to the post on which you are commenting.
 
By posting, you represent that you have the right to share the material in your posts, including without limitation any trademarks or copyrighted material.
 
Because blogs and message boards are informal in nature, we may not identify our trademarks; however, we continue to reserve all rights in such trademarks, regardless of how they are used on the Site.
 
The views and opinions expressed by users on the Site are not necessarily our views or the view of our investors, management or board of directors. We are not responsible for, and we disclaim any and all liability for the content of comments written by users of the Site.
 
Although we welcome and encourage feedback from our customers, the Site is not intended to replace our normal customer service channels.
 

Registration

You may need to register to use part(s) of the Site. We may require from time to time that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You will be responsible for all usage of your user name and password, and you agree to promptly notify us of any unauthorized use of your user name and password, or your account on the Site.
 

Accuracy of Information

We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Site.
 

Our Intellectual Property Rights

We and our respective licensors and suppliers, manufacturers and distributors own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute all or any part of the Site or any information or materials made available through the Site.
 
Unless otherwise noted, all materials on the Site are protected as our copyrights, trade dress, trademarks and/or other intellectual properties or by other parties that have licensed us to use their intellectual property.
 
Marks we use on the Site represent only some of the marks currently owned or controlled in the United States and/or in one or more other countries. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our proprietary ownership rights, and we own and control other proprietary rights in one or more countries outside of the United States. You may not reproduce, redistribute or otherwise use any materials without our express written consent. All rights not expressly granted are reserved.
 
All trademarks and service marks on the Site not owned by us are the property of their respective owners.
 

Links

The Site may provide links to other web sites and online resources that we do not own, operate or control. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
 

Limitations of Liability and Disclaimers

THE SITE AND ALL GOODS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE SITE OR THE MATERIAL CONTAINED ON THE SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. 
 
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
 
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
 
California residents agree to waive California Civil Code Section 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
 

Security

While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact us at [info]@visitcatalinaisland.com with a description of the material(s) at issue and the URL or location of such materials.
 

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of these Terms by you.
 

Termination

These Terms are effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password, or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes such third party’s rights).
 

Governing Law; Dispute Resolution

You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, and waive any jurisdictional, venue or inconvenient forum objections thereto.
 

Filtering

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites.
 

Information or Complaints

If you have any questions or complaints regarding the Site, please feel free to contact us via email at [info@visitcatalinaisland.com. Email communications are not necessarily secure, so please do not include sensitive information in any email to us. You may also contact us at:
 
Santa Catalina Island Company
[Marketing Department]
P.O. Box 737
Avalon, CA 90704
 

Ability to Agree to these Terms

By using the Site, you affirm that you are over the age of eighteen (18) and have authority to agree to these Terms. If you are not over the age of eighteen (18), you represent that you have obtained parental or guardian consent to agree to these Terms.
 

Miscellaneous

These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms hereby incorporate by this reference any additional terms, conditions or policies that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, these Terms represent the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by email or by regular mail, in our discretion.
 
We may also provide notice of changes to these Terms or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
 
Santa Catalina Island Company – Subsidiaries
 
Subsidiaries
Bird Park Land Holdings, Inc.
Catalina Island Resort Services, Inc.
Hamilton Land Holdings, Inc.
Island Boat Service
Two Harbors Enterprises, Inc.

Map

E.g., 10/25/2014
E.g., 10/25/2014