Privacy Policy

Terms of Use and Disclaimer of Liability

This Website Terms of Use Agreement and Disclaimer of Liability (“this Agreement”) governs the use of www.oldtownscottsdale.com website including the content contained therein (“this Website”). This Agreement is a legal contract between Navin Media Group, (referred in this Agreement as “we,” “us”, “OldTownScottsdale.com” or “NMG”) and you, the user of this Website (referred to in this Agreement as “User”) and your principals as described in “Acceptance” paragraph below. This Website may be used only by person(s) who have accepted the terms of this Agreement. If you do not intend to accept this Agreement you should refrain from using this Website in any manner. OldTownScottsdale.com is committed to respecting your privacy and recognizing the need for protection of personal information you share with us online. That personal information you may share with us and that can identify you includes your name, address, telephone number, etc. The purpose of this policy for privacy is to inform you about the personal information we may collect from you when you visit our web site, how we may use such information, what choices you have in regards to our use of that information, and the ability you have to correct the information.

As a part of OldTownScottsdale.com commitment to your privacy, we adhere and support to the practices and guidelines adopted by the DMA’s (Direct Marketing Association) promise of privacy to American consumers. We provide our visitors a notice of their ability to “opt out” of information sale, rental, or exchange with other marketers, we honor our visitors requests not to share their personal information with other marketers, and honor the requests of our visitors not to receive telephone, mail, or other solicitations from OldTownScottsdale.com.

Acceptance. Accessing or otherwise using this Website constitutes acceptance of the terms of this Agreement by User and by parties on whose behalf or for whose benefit User accesses or otherwise uses this Website (“User’s Principals”). User represents and warrants that he or she is authorized to enter into this Agreement and bind User’s Principals to the terms of this Agreement. Unless otherwise specified, references to “User” in this Agreement shall be construed to also refer to User’s Principals.

Information we collect about you
You can visit many of our web pages without us knowing who you are or without you revealing any personal information about yourself. When you visit our web site we may track the Internet domain address from which you visit us, and then analyze this information for statistics and trends. Although, individual users will remain anonymous until you have voluntarily told us whom you are.

At times, such as when you participate in a contest or promotion, request information from us, order a product or service, and so forth, we may ask you to provide to us certain information about yourself such as your email address, shipping and billing address, credit card information, telephone number, gender, personal interests occupation, etc. We also maintain a record of your online product purchases. The decision to provide us with that information is entirely your own personal choice. If you choose not to provide us with the requested information, you may be unable to enter certain contests, receive additional information about our services, purchase products or services, and so forth.

Periodically we will send electronic mail in the form of Newsletters, special announcements and so forth to all email addresses that you submit from “any” area within the website such as Tell a Friend, E-Cards, Scottsdale Newsletter or any other section within the website. By using any section within the website where you provide your email address or provide email addresses of others you and the email addresses you provide are agreeing to receive these periodic emails. Any correspondence that we may have with you or with the other email addresses you provide will contain the option to opt out of receiving future correspondence.

Using Information about you
OldTownScottsdale.com uses the personal information you provide to us for internal purposes, like confirming an entry for a contest, analyzing statistics and trends, informing you about upcoming events, new services, offers, tracking your order, and so forth. OldTownScottsdale.com may establish business relationships with other entities or persons whom we deem trustworthy and adhere to the same privacy policies as we do. These relationships are known as our Select Partners, in which from time to time we may share information such as personal information about you that will allow our Select Partners to contact you regarding services and products that you may be interested in.

In order to provide you with better service, OldTownScottsdale.com may combine personal information you give us online, in promotions or at special events. We use that information to enhance your experience with us, and as a means to communicate with you by email or mail about our services, products, and or offers that may be of interest you.

In certain instances, although unlikely OldTownScottsdale.com may disclose your personal information when we have reason to believe it is necessary to contact, identify, or bring legal action against entities or persons who may be causing injury to OldTownScottsdale.com, you, or to others. Also, OldTownScottsdale.com may disclose your personal information when we believe that the law requires us to do so.

Editing, Updating, Correcting and Deleting Information about You, OldTownScottsdale.com wants to communicate with you only if you want to hear from us. If your preference is to not receive information from us please un-subscribe from our mailing list by clicking on the appropriate un-subscribe link.

We make every attempt to honor your request to not receive information from us, although your request may take several weeks to be effective, especially if we are removing your information from postal mailings. Additionally, when you purchase a product or service from us online we may need to contact you via email, mail, or by phone to address specific questions about your order, even if you have elected not to receive communications. Please keep in mind that if you delete certain information, you may not be able to purchase products or services, or access other portions of the OldTownScottsdale.com website without entering additional required information.

Changes to Website; Limitation of Availability. NMG may modify or discontinue any aspect or feature of this Website, including its content, functionality, hours of availability, registration requirements, the domain name addresses through which this Website is accessible, or the equipment needed for its use, at any time and for any reason in the sole discretion of NMG. The availability of this Website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond NMG’s control including failure of telecommunication links and failure of Internet infrastructure. User acknowledges and agrees that NMG shall not be responsible for any interruptions of the availability of this Website.

Exclusive User Remedy. In the event that User is dissatisfied with any aspect of this Website, User’s sole remedy shall be to discontinue use of this Website.

Permission to Use

Limitations; Termination. Users who have accepted this Agreement are granted permission to use this Website for its intended purposes subject to the terms of this Agreement. Use of certain components of this Website may be subject to additional terms. To the extent that such additional terms provide for additional limitations or restrictions on use of this Website, such limitations and restrictions shall be in addition to those provided under this Agreement. Certain sections of this Website may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by NMG. User agrees to comply with this Agreement as it may be modified from time to time as set forth below. User also agrees to comply with all applicable laws in connection with his or her use of this Website. NMG may revoke User’s permission to use all or any part of this Website at any time for any reason in the sole discretion of NMG. User’s permission to use this Website shall automatically terminate in the event that User violates this Agreement.

 

Protecting Children
Children that are under the age of 13 should always ask the permission of their parents or guardians before providing any personal information online to anyone. OldTownScottsdale.com urges parents and guardians to participate in their children’s online activities and use parental control, or other Internet filtering technology in order to properly supervise children’s access to the World Wide Web.

Cookies
OldTownScottsdale.com may use “cookies.” A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, track your status in our promotions, contests and sweepstakes, and/or analyzing your visiting patterns. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.

Security
NMG takes what it believes to be reasonable measures to ensure the security of information provided by or on behalf of User in connection with this Website but NMG cannot guarantee such security, and NMG shall not be responsible for a compromise of User information. User is responsible for maintaining the security of any passwords or other access keys provided to User for any restricted portions of this Website. NMG has no obligation to store or maintain any information provided by or on behalf of User. Any information collected by NMG will be subject to NMG’s privacy policies as they may be modified from time to time.

Links to Third Party Sites
The OldTownScottsdale.com web site may contain links to web sites maintained and operated by third parties, over which we have no control. Privacy policies on such web sites may be different from our privacy policy. You access such linked sites at your own risk, and you should always read the privacy policy of a linked site before disclosing any personal information on such site. This Website may contain advertisements for or information about third-party providers of information, services and products, and/or links to their websites. The owners and affiliates of such providers are referred to in this Agreement as “Third-Party Vendors”. Such advertisements, information and links shall not be construed as approval or endorsement of such vendors or their information, services or products. If User decides to deal with such vendors or visit such sites, User understands that he or she is subject to all applicable rules and policies of such Third‑Party Vendors including any applicable terms of use agreements or privacy policies of such Third‑Party Vendors. NMG shall have no responsibility for the accuracy, quality or other aspects of the information, services or products of Third-Party Vendors. User shall be responsible for taking such steps as User deems appropriate to evaluate Third-Party Vendors and their information, services and products. NMG shall not be construed to be a party to any transactions that may be entered into between User and Third-Party Vendors.

Injuries and Damages
We will not be responsible or liable for any incidental, consequential, direct, indirect or punitive damages or injuries, including, but not limited to, omissions, errors, mistakes, delays in transmission, typographical errors, deletion of files, and delays in operation, your reliance on or use of any service, information, or merchandise provided on or through the web site, or any failure of performance arising out of or caused by access to or use of any information or content contained in or on the web site, the content of any web site, or web sites hyperlinked to the web site, even if we are negligent and/or have been advised of the possibility of such damages.

Indemnification
You agree to defend, indemnify, and hold Navin Media Group and OldTownScottsdale.com’s affiliate companies, employees, directors, officers, agents, material or communication providers, and Internet Service Providers harmless from any and all losses, liabilities, claims, expenses, and damage awards, including, but not limited to attorneys’ fees, that arise from any claim, action, or demand, by use of or in connection with the submission, transmission, posting, broadcast, or other communication with or to the web site.

Hyperlinks
The web site may hyperlink to sites not maintained or related to OldTownScottsdale.com. Hyperlinks are provided as a convenience/service to you and are not affiliated with or sponsored by the web site or OldTownScottsdale.com. We have not reviewed any or all of the sites hyperlinked to or from this web site and are not responsible for the content of any other web sites. The links are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these links or the web sites these hyperlinks point to.

Choice of Law and Forum; Attorneys Fees.

This Agreement is governed by the laws of the State of Arizona. User hereby expressly consents and agrees to non-exclusive jurisdiction and venue in Maricopa County, Arizona with respect to any litigation arising out of or relating to this Agreement. In the event NMG is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Agreement with respect to User, User shall reimburse NMG for such attorneys’ fees and expenses.

 

Severability of Provisions

In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly.

 

Warranties
The reference materials and information contained in the web site are intended only for your personal information. By entering and interacting with the web site, you agree to hold us and our affiliates harmless and not responsible for the data/content distributed by the web site. We make no representations or warranties about the completeness or accuracy of the web site’s content or the information or other material found on or in the web site. We do not purport to review the accuracy of information and other materials available on the web site. Appropriate precautions should be taken to verify all such information. We cannot be held liable for typographical errors, layout error or misinformation, omissions, technical inaccuracies or other errors contained in the site.

EXCEPT AS WARRANTED IN SUCH WRITTEN AGREEMENTS, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO PRODUCTS OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS, SERVICES, AND INFORMATION IN THE WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

Policy Changes
OldTownScottsdale.com may periodically change our privacy policy in whole or in part. The new policy will apply to all current and past users of our web site and will replace any prior policies, which are inconsistent.

Legal Statement
Copyright 2015 Navin Media Group. All Rights Reserved.

www.OldTownScottsdale.com is a wholly owned subsidiary of Navin Media Group No part of this web-site may be reproduced, downloaded, linked or otherwise used without the express written permission of Navin Media Group This site was registered with the United States Copyright Office and any use of any material on this site for any purpose without the express written permission of Navin Media Group is subject to a Punitive Damage claim of up to $100,000. Any and all violations of this copyright shall be prosecuted to the fullest extent of the law.

Disclaimer
Navin Media Group and OldTownScottsdale.com do not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the “Service”), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”) and expressly disclaims liability for errors and omissions any and all contents.

You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Navin Media Group and OldTownScottsdale.com reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. All information and data on this website is subject to change without notice.

No warranty of any kind, express or implied, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to this website or its links to other websites. Navin Media Group and OldTownScottsdale.com are not liable for any direct, indirect, incidental, consequential or punitive damages arising out of access to or use of the site, or any other sites to which it is linked. Links provided on this site are done so as a convenience and the inclusion of the link does not imply that Navin Media Group and OldTownScottsdale.com endorses or accepts any responsibility for the content on or within any link herein.

Proprietary Rights

Restrictions. User acknowledges and agrees that this Website’s content (i.e., data, information, graphics, etc.), design, code, underlying technology and related information are proprietary to NMG (or its licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of information or materials on this Website by NMG does not constitute a waiver of any right in such information and materials. This Agreement does not provide User with any right or interest in NMG’s proprietary rights related to this Website or otherwise, and all such rights shall continue to be owned by NMG (or its licensors or vendors if applicable). Except to the extent express written permission is given by NMG, User shall not copy, reproduce or otherwise duplicate this Website, in whole or in part, and shall not access or attempt to access any of NMG’s systems, programs, data or other information or content that is not made available for public use, or use any information on this Website other than for its intended purpose. Permission is hereby given to User to view, print or download information on this site that is made available for public viewing, printing or downloading, for User’s own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. NMG reserves the right to disapprove any links to this Website, in which event such links shall be immediately removed. If User believes that any content or other aspects of this Website infringe on or otherwise violate the rights of others, User should provide notice to NMG via email at the following address: admin@oldtownscottsdale.com, in which event NMG will determine whether to investigate the matter further.

 

Integration. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof. Oral statements shall be of no binding effect. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of NMG.

Interpretation. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against any party. When used in this Agreement, the terms “include” or “including” means “including but not limited to.” The headings in this Agreement are inserted for convenience; the provisions of this Agreement shall control.

DISCLAIMER OF LIABILITY. NEITHER NMG NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT NMG IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL NMG’S LIABILITY TO USER EXCEED THE FEES (IF ANY) ACTUALLY PAID BY USER FOR USE OF THIS WEBSITE.

Copyright 2015 Navin Media Group. All Rights Reserved.

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