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  • These Terms of Use define the terms by which you may use CaribbeanBlueBook.com (the “Website"), and are an agreement between you and Caribbean BlueBook, Inc. ("Company"). Company and Website are collectively referenced as "Caribbean BlueBook," "we" or "us". By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use.

    We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes.

    1. Trademark

    All right, title and interest to the content displayed on the Website, including but not limited to the website's look and feel, information, text, graphics, images, logo, sound or video materials, designs, trademarks, service marks, trade names and the URL (collectively the "Content"), are the property of Caribbean BlueBook, merchants or third parties. You may use the Content solely in connection with obtaining the benefits and services provided on the Website and only for your personal use. All service marks and trademarks are the property of their respective owners.

    2. Restriction on Use

    Except as expressly provided in this Section, nothing contained in the Terms of Use or on the Website shall be construed as conferring on you any right, expressly, by implication, by estoppel or otherwise, under any of Caribbean BlueBook's intellectual property rights, or under any third party's intellectual property rights.

    You are hereby granted a limited right to view, reproduce and print one copy of the materials posted on the Website for your personal, non-commercial use. Except for such personal, non-commercial use or use otherwise permitted by U.S. copyright law or as approved in writing by Caribbean BlueBook or by the relevant third party provider, you may NOT copy, republish, upload, transmit or distribute the Content in any manner, nor may you create derivative works of the Content. You shall not remove, obscure or deface any copyright or trademark legends, notices or other proprietary notices attached to the Content.

    3. Responsibility for Information

    You agree that you are solely responsible for the accuracy and content of any information that you provide to the Website. You further agree not to forward any information that infringes the intellectual property rights of third parties or that are misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or illegal. You agree not to use the Website or the services provided on the Website to communicate any information that are harassing, libelous, threatening, obscene, indecent, and unlawful or that would give rise to civil or criminal liability under any applicable law or regulations.

    4. Operation of Website

    We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.

    If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

    * Description of the Incident. The specific sequence of events which generated the incident, and a full description;

    * Description of Error Message. The exact wording of any error messages, if applicable; and

    * Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

    We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime. We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website.

    We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

    We reserve the right to discontinue operation of the Website at any time, for any reason in our sole and absolute discretion.

    5. Prohibited Activities

    Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:

    - Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;

    - Disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website;

    - Posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;

    - Using the Service for any illegal purposes, including but not limited to conspiring to violate laws;

    - Sharing information or initiating communications with information you are under an obligation not to disclose;

    - Posting infringing content to the Website;

    - Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website's infrastructure, servers, data, or network or those of any third party via our Website;

    - Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, Chrome and Safari);

    - Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;

    - Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;

    - Aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website;

    - Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;

    - Stalking, harassing, or threatening any visitor to this Website; or

    - Collecting or storing personal information about any visitor to this Website.

    We reserve the right (but do not have the obligation) to suspend or terminate registered users who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at support@caribbeanbluebook.com.

    6. Intellectual Property Infringement Complaints

    We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

    - Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;

    - Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;

    - Description of Infringing Item. A description of where the allegedly infringing item is located on the Website;

    - Contact Information. Your address, telephone number, and email address; and

    - Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf, made under penalty of perjury.

    7. Registration

    In order to access some of the features of our Website, you will need to register and create an account. When you register, you will be asked to select a user name, provide your name, an email address, and a password. Registration, as well as the ability to use this Website, is completely free.

    All information provided by you in your registration must be truthful, accurate, and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, we have the right to suspend or cancel your registration without notice if we, in our sole and absolute discretion, determine that your use of this Website violates our Terms of Use or any applicable local, state, federal, or international law, interferes with others' use of this Website, or adversely affects the operation of our business.

    You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.caribbeanbluebook.com If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other each of security. You are solely liable for any loss or damage arising from your failure to comply with this Section.

    We may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any illegal activity, we may report you to the appropriate law enforcement authorities.

    8. Registered Fan

    As a registered fan, you will receive access to and notification of our member discounts and promotions, and you will receive our Caribbean newsletter along with special event notices and invitations that may be of interest to you as a member of the Caribbean BlueBook. You will also receive access to our "members only" sections as well as to other special Website features which are only accessible by our registered fans.

    Registered fans may also participate in our contests, giveaways, special promotions or rewards program, which enables any registered fan who makes a referral, completes a survey, provides feedback, or assists us in improving our website. Please review our Rewards and Promotions rules for additional information.

    9. Eligibility to Use Our Website

    You must be at least thirteen (13) years of age to establish an account on our Website. In some jurisdictions, the age limit may be higher. Furthermore, to make any purchases on the Website and to participate in our contests, promotions and rewards programs, you must be at least eighteen (18) years of age who is fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. If you are under thirteen (13) years of age, you cannot proceed with the registration process; a parent or guardian should set up any account on your behalf.

    10. Posted Reviews and Comments

    Our Website enables registered members to post comments on the merchants, businesses, professionals, and other issues of general interest featured on the Website. You agree that any and all information that you submit to the Website, including any and all numerical votes and written comments, is the property of Caribbean BlueBook and may be used by us for any purpose. Our Website also use integration applications with social media websites where your posts and comments will be made publicly available. Any such reviews and comments represent the opinions and reflect the experiences of the author who wrote them, and you agree that we are in no way responsible for any such reviews or comments posted to our Website or to any social media outlets or third-party websites.

    If you provide reviews or make comments, you are solely responsible for ensuring that your reviews or comments are appropriate and not defamatory, illegal, obscene, threatening, harassing, invasive of privacy, infringing of intellectual property rights or otherwise objectionable, and that any such review or comment does not contain or constitute profanity, viruses, commercial solicitation, chain letters, or any form of "spam."

    You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display any reviews that you post on the Website or comments that you post to Caribbean BlueBook pages of third party social media websites, to reproduce or store the reviews or comments on our computers and servers, and to make any modifications or reformatting necessary to publish and display the reviews or comments (or any portion thereof) on the Website.

    When you post reviews or comments, please be cautious in what you post, as the Website and any Caribbean BlueBook pages of social media websites are public forums, and any comments that you make or submit may be displayed publicly on those forums.

    11. Ratings

    Any ratings or recommendations provided on any business are provided directly by members, and reflect their opinions and experiences with such business. We have no control or input over how any particular business is rated. You agree that we will not be responsible or liable for any rating that you receive on our Website.

    12. Comments, Feedback and Idea Submissions

    We are pleased to hear from you and welcome your feedback. If you vote on any issue or provide any comments, feedback, or ideas to us, you agree that all such votes, comments, feedback, and ideas will not be subject to any obligation of confidentiality, and we will not be liable for any use or disclosure of your comments, votes, feedback, or ideas. Also, you agree that we may use any such feedback to make improvements to our Website and our services at our sole and absolute discretion without any obligation to you.

    In the event that you submit any comments, feedback, or ideas to us, you grant us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, republish, and to incorporate those comments, feedbacks, and ideas into our intellectual property.

    13. Advertising on our Website

    We offer variety of advertising opportunities for businesses on our Website. We offer three types of business programs for clients that wish to be represented on our Website , as well as featured listing and banner ads placements. For additional information on advertising opportunities on our Website or to review our business membership features and benefits, please contact us at advertise@caribbeanbluebook.com.

    14. Discounts and Promotions

    From time to time, businesses advertising on our Website may offer discounts and promotions. You agree that it is the sole responsibility of such businesses to honor the discount or promotion that they advertise on our Website. All expiration dates for such discounts or promotions are set at the sole and absolute discretion of the business offering the discount or promotion. We have no input or control over the establishment of any expiration dates for such businesses, nor do we have any obligation to supervise such businesses to ensure that they comply with all applicable laws and regulations. Each business is responsible for its own compliance with the applicable laws and regulations. From each business' profile page, you have the option to subscribe to that Listed Member’s promotions and offers. By doing so, you hereby authorize us to communicate with you at the e-mail provided on behalf of the business or on our own behalf. Merchants and listed businesses on our website may not contact you directly and will only do so no more than four times per month unless you advise them not to contact you. In addition, you are free to unsubscribe to Caribbean BlueBook’s mailing list or to any listing’s mailing list anytime you wish. Please note that our e-mail communications follow CAN-SPAM Act guidelines.

    For additional information on discounts and promotions available at our Website, please see our Promotions page.

    15. Third Parties

    Our Website contains business listings for third parties and links to third party websites, including social media websites, which are not owned or maintained by us, and over which we have no control ("Third Party Site(s)"). These listings are provided by our business members for information purposes in order to assist you in identifying businesses and their products and services that may be of interest to you and which you may want to research further. The links to third party social media websites enable you to network with members of the Caribbean BlueBook community. If you click on a link to a Third Party Site, however, our Privacy Policy and Terms of Use will no longer be applicable. We do not intend that links to Third Party Sites be referrals to or endorsements of the linked entities or any product or service that they offer.

    Your business or personal dealings with any third party with whom you connect through this Website is solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into any business or personal relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any personal injury, loss, damage, or other liabilities incurred as a result of doing any business with such third parties. You assume the sole risk of loss and liability in doing business or interacting with any third parties linked to or listed on this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.

    16. Other Features of the Website

    Listed members on the website provide a number of information details about themselves. This information includes, but not limited to, full address, phone number, facsimile number, mobile, email address, photos, videos, announcements, menus, products and services, and others as needed. You agree that the listed member is solely responsible for the contents and/or offers they provide on the Website, and to keep such information accurate and up-to-date. We can assume no responsibility for any damage and bear no liability for any claims or disputes that may arise as the result of the information provided on the website.

    17. Mobile Communications

    The Website may make available certain services via your mobile phone, including without limitation (a) the ability to upload to the Website via your mobile phone ("Mobile Uploads"), (b) the ability to receive and reply to messages and to send content and messages using text messaging ("Mobile Texts"), and (c) the ability to access the Website from your mobile phone ("Mobile Web") (collectively, the "Mobile Services"). We do not currently charge for Mobile Services. Your carrier's normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost.

    18. Privacy Policy

    Our information collection practice is described in the Privacy Policy, the link to which is posted at the bottom of the Website's home page as well as all pages within the Website. Please review our Privacy Policy before submitting personal information.

    19. Consequential Damages; Limitation of Liability

    YOU AGREE THAT NEITHER COMPANY NOR THE WEBSITE WILL BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF OR IN CONNECTION WITH COMPANY, WEBSITE, THE CONTENT, THE SERVICES, THE INABILITY TO USE THE SERVICES, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO.

    Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims, unless you are an advertiser, in which case our liability shall be limited to the total aggregate amount of all fees paid to us in the twelve (12) months immediately preceding the events from which arose the claim less any standard processing fees. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

    20. Warranty; Disclaimer

    If you post any content, reviews, comments, or feedback on our Website, you warrant and represent that your postings do not infringe or violate the rights of any third party, are appropriate and not defamatory, illegal, obscene threatening, harassing, invasive of privacy, contain or constitute profanity, viruses, commercial solicitation, chain letters, any form of spam, or violate our Terms of Use.

    The use of this Website and your reliance on it to advertise your business or select a business to work with shall be at your own risk. We do not screen businesses who advertise on our Website, nor can we make any endorsements about those businesses. This Website may include inaccuracies, outdated information, defects, omissions and/or other errors. We do not make any representations regarding the use of the Website's information including its accuracy, reliability or correctness. We reserve the right to modify any content or information displayed on the Website but we have no responsibility or obligation to do so. We can make no warranty that the Website will meet your needs, nor that its operation will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems.

    TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS". WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OF ANY KIND) ARE EXPRESSLY EXCLUDED . WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD-PARTY OR WEBSITE.

    21. Release of Claims

    To the maximum extent permitted by applicable law, you hereby release and waive all claims against Company and this Website and our officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to the Website or the services. If applicable, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to 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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

    22. Termination of Use

    Caribbean BlueBook reserves the right to terminate your use of the Website immediately without notice if Caribbean BlueBook, in its sole discretion, determines that your use of the Website does not comply with the Terms of Use, or violates any applicable local, state, national or international laws, or interferes with others' use of the Website, or adversely affects the operation of Caribbean BlueBook's business.

    23. Indemnification

    You agree to indemnify and hold us and our officers, directors, employees, and independent contractors harmless from any third party claim arising from (a) any comments, reviews, ratings, or content that you add to the Website or to any Caribbean BlueBook pages of a third party social media website; (b) any dispute that arises between you and any third party which whom you were introduced through this Website; (c) any dispute arising from any discount or promotion offered on this Website; (d) your use of the Website; (e) your violation of the Terms of Use or each of any of the representations or warranties set forth herein; (f) your violation of any rights of another, including but not limited to any liability on expenses arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or reasonable attorneys and court costs; or (g) your violation of any law, regulation, or guidelines imposed by any administrative body.

    24. Miscellaneous

    We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any each of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent each, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Company's intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

    25. Governing Law

    These Terms of Use shall be governed by and construed under the laws of the State of New York, without regard to conflicts of law principles. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against federal and state courts located in, New York, New York, in any action (i) to compel arbitration, (ii) to enforce the award of the arbitrator or (iii) prior to the appointment of the arbitrator, for temporary, interim or provisional equitable remedies. You waive, to the full extent permitted by law, defenses based on jurisdiction, venue and forum non conveniens. You further consent to service of process in any such action by registered mail, return receipt requested, or by any other means permitted by law.

    26. Dispute Resolution

    All disputes arising under the Terms of Use shall be initially submitted to non-binding mediation in New York, New York, by a mutually agreed upon mediator. In the event that mediation is unable to resolve the dispute, it will be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New York, New York, by one arbitrator, selected from a panel of persons who are attorneys, mutually agreed upon by you and us in accordance with the aforementioned Rules. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. All claims you file against us must be resolved in accordance with this Section. All claims filed or ought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

    27. Severability

    If one or more provisions of the Terms of Use are held to be unenforceable under applicable New York law, such provision(s) shall be excluded from the Terms of Use and the balance of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

    28. Effective Date

    These terms were last modified on January 15, 2016.

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