By using the TimothyFerris.com Site, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and TimothyFerris.com. This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the TimothyFerris.com Site, the TimothyFerris.com Site contents and any services provided on the TimothyFerris.com Site. In the event of any conflict between the Agreement and any other agreement or understanding related to the TimothyFerris.com Site, this Agreement shall control.
Terms and Conditions
(effective August 1, 2008)
TimothyFerris.com takes your privacy seriously. Please read the following information to learn more our privacy practices. This policy covers what personally identifiable information TimothyFerris.com collects and how it is treated. Personally identifiable information is information that can be used to identify visitors to the http://www.TimothyFerris.com Web Site. This information may be limited to an IP address or extend to personally identifiable information such as your name, address, email address, or phone number.
This policy only applies to http://www.TimothyFerris.com and does not extend to the practices of other Web Sites that we may link to, companies that we do not own or control, or to people that we do not employ or manage.
Our Internet address is located at http://www.TimothyFerris.com
Disputes will be handled via email. Our best effort will be made to promptly correct any errors.
When visiting Web Sites certain information about you and your computer can sometimes be collected. This section explains what information TimothyFerris.com collects, and how it is used.
Information Collected - What information do we collect and why?
We may collect the following identifiable information about our visitors at any time now or in the future:
Notification of Changes
B. Answers to Specific Questions
1. What kind of information does TimothyFerris.com collect about you?
a. User ID
Whenever you use the TimothyFerris.com Site, we assign a unique number to your computer (“User ID”). The User ID is linked to information about your use of the Site generally, including the searches you perform and the times you choose to click on, and purchase, items searched. The User ID you are assigned is not linked to any personal information and you remain anonymous to the TimothyFerris.com Site.
b. Server Logs
If you access and use the Site our Web server collects and logs certain standard information about your visit, like the pages you view, the links you click on, and other actions you take when using the Site. We also collect and log certain standard information that your browser communicates to every Web site you visit such as your IP address, the type of browser you are using, and the Web site you came from when you linked to the TimothyFerris.com Web site.
Although browsers typically are pre-configured to accept cookies, you can set your browser to decline cookies or to notify you when they are sent to you by following the relevant instructions that come with your browser software. If you choose to decline cookies, you may not be able to use certain features of the Site that depend on cookies to function properly. You can delete cookies at any time by following the relevant instructions in your browser software.
TimothyFerris.com has relationships with third-parties who serve the advertisements you see when you visit our Site. These companies may use certain information about your visit to the Site in order to provide advertisements about goods and other Sites that may be of interest to you. The information used in this process is not personally-identifiable to our ad server. In the course of serving ads on our Site, these third-parties may place or recognize a unique “cookie” on your browser.
d. Customer Support Information
If you correspond with us in any manner and for any purpose (e.g. e-mails to customer support), we retain such information in order to evaluate and improve our Site and quality of customer support.
e. Personal Information You Submit
You are always able to use the TimothyFerris.com Site without providing us with any personally identifiable information.
2. How will the information that TimothyFerris.com collects be used?
We use the information that we collect from you in order to:
We also use this information in aggregate form to better understand what purchases users want to make and help provide better offers and a more effective Site. We may also develop aggregate - but not individual - reports for our partners. An example of a summary report might be “500 users booked vacation rentals to a specific destination during the month of November.”
3. With whom does TimothyFerris.com share the information it collects about you?
TimothyFerris.com does not rent, sell, disclose or share your personal information with any third parties, except in the following limited circumstances:
a. When we have your consent.
b. We disclose information when required by law or judicial authority (e.g. to respond to subpoenas, court orders, or legal process, or to protect our legal rights or defend against legal claims).
c. We may access and/or disclose your personal information if we believe such action is necessary to: (i) comply with the law or legal process; (ii) protect and defend the rights or property of TimothyFerris.com (including the enforcement of our agreements); or (iii) act in urgent circumstances to protect the personal safety of our users or members of the public.
d. We disclose such information in order to enforce or investigate potential violations of our Terms of Site, or to prevent or take action regarding illegal activities.
f. We share trend and aggregate information with our partners for business purposes and with other third parties for marketing purposes. We might disclose, for example, that a certain percentage of our users list their home airport as Sacramento. However, this aggregated information is in no way traceable to any specific personal information.
4. What are the opt-out choices TimothyFerris.com provides you with regarding the collection, use, and distribution of your information?
If you choose to provide personal information to TimothyFerris.com, you may change or delete your preferences at anytime.
5. What security procedures does TimothyFerris.com use to protect against the loss, misuse, or alteration of information it collects?
TimothyFerris.com maintains a variety of industry-standard physical, electronic, and procedural safeguards to protect personal information about you. We store the personal information you provide on computer systems access to which is limited and which are located in industry-standard secured facilities. We operate secure data networks protected by industry-standard firewall and password protection systems. Our internal security and privacy policies are periodically reviewed and enhanced as necessary. Only those employees and TimothyFerris.com contractors who need to access your personal information in order to provide you with TimothyFerris.com products and Sites have access to personal information about.
While TimothyFerris.com takes reasonable steps to secure your personal information, no information storage system is fault-proof particularly when it involves data that is transmitted over the Internet. If TimothyFerris.com's security systems are breached, TimothyFerris.com may attempt to notify you electronically and, by using the Site and/or providing personal information to us, you agree that we can notify you electronically either by sending a notice to the e-mail address you have supplied or by posting a notice on the TimothyFerris.com Web site.
6. How long does TimothyFerris.com retain information about me?
TimothyFerris.com will retain information from which it is possible to identify you for a reasonable time bearing in mind the possibility of your re-using the Site. If you would like your information to be deleted at any time you should contact us via email.
7. How can you access the information TimothyFerris.com has about you or correct it?
If you would like to change or update your user profile please log in to the site with your valid credentials and click on “Edit Profile”. We are committed to providing you with reasonable access to the information we have about you and reasonably assisting you in managing the personal information you share with us.
Information Recipients - Who has access to the information collected?
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
Content on our sites
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please contact us.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later devloped.
Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, property details, and property pricing. It also includes information about products and services offered by parties other than TimothyFerris.com, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Third-party sites, products, and Services
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
TimothyFerris.com' fee-based services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Your conduct on our sites
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by TimothyFerris.com for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.
Requests to remove certain content from our sites
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us.
You hereby agree to indemnify, defend and hold TimothyFerris.com and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "TimothyFerris.com Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any TimothyFerris.com Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TimothyFerris.com may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Sacramento, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Sacramento, California, necessary to protect the rights or the property of you or TimothyFerris.com, Inc. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and TimothyFerris.com and govern your use of our sites, superceding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Francisco, California if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.