Privacy Policy

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.

Fresno/Clovis Convention & Visitors Bureau (Fresno/Clovis CVB) reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

Copyright
The entire content included in this website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fresno/Clovis CVB. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Fresno/Clovis CVB or to purchase products from Fresno/Clovis CVB. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Fresno/Clovis CVB in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website

Trademarks / Intellectual Property
All trademarks, service marks and trade names of Fresno/Clovis CVB used in the website (including but not limited to our logo) are trademarks or registered trademarks of Fresno/Clovis CVB. They may not be used without Fresno/Clovis CVB’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, is the sole property of Fresno/Clovis CVB and/or its licensors.

User Generated Content 
You agree that you shall immediately notify Fresno/Clovis CVB in writing of any objectionable content appearing on the website. Fresno/Clovis CVB will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

You may not post or otherwise distribute content to the website which Fresno/Clovis CVB in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Fresno/Clovis CVB or another party, illegal, or otherwise objectionable to Fresno/Clovis CVB. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this website

Third-Party Links
In an attempt to provide increased value to our visitors, Fresno/Clovis CVB may link to websites operated by third parties. However, even if the third party is affiliated with Fresno/Clovis CVB, Fresno/Clovis CVB has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Fresno/Clovis CVB. These linked websites are only for your convenience and therefore you access them at your own risk. Please review the privacy policy of any third-party website that you have accessed from the Fresno/Clovis CVB website before you use that third-party website.

Indemnification
You agree to indemnify, defend, and hold harmless Fresno/Clovis CVB, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Privacy
Fresno/Clovis CVB is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website are described here.

Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRESNO CONVENTION AND VISITORS BUREAU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRESNO CVB DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRESNO/ CLOVIS CVB DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FRESNO/CLOVIS CONVENTION & VISITORS BUREAU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FRESNO/CLOVIS CVB FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability
FRESNO/CLOVIS CONVENTION & VISITORS BUREAU SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF FRESNO/CLOVIS CVB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, FRESNO/CLOVIS CONVENTION & VISITORS BUREAU IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, FRESNO/CLOVIS CVB'S LIABILITY SHALL IN NO EVENT EXCEED US$100.00.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous 
Your use of this website shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to California Revised Statutes Chapter 72, "Sales". Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Fresno/Clovis CVB products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Fresno County, California. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Fresno/Clovis CVB products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from Fresno/Clovis CVB. You agree that any notice, agreement, disclosure or other communication that Fresno/Clovis CVB sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Fresno/Clovis CVB's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fresno/Clovis CVB may assign its rights and duties under this Agreement to any party at any time without notice to you.

Term; Termination
These terms and conditions are applicable to you upon your accessing the website. Fresno/Clovis CVB reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason including: misuse/abuse of website, illegal or immoral activity, fraudulent or misrepresentation, non-payment of membership fees, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Fresno/Clovis CVB without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

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