Last Modified: 3/20/2015

Welcome to our website. VisitToledo.org is designed for travelers, locals, event planners, and organizations seeking information about Toledo as a destination. This website provides resources and consolidates visitor information in order to help users explore attractions and plan their visits, while promoting local tourism.  By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

AGREEMENT. These Terms and Conditions of Use agreement (the “Agreement” or these “Terms”) specifies the terms and conditions for access to and use of http://www.visittoledo.org (the “Website”) and describe the terms and conditions applicable to your access of and use of the Website.

This Agreement may be modified at any time by Destination Toledo, Inc. (“Destination Toledo”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [URL OF WEBSITE TOS]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

PRIVACY. In addition, when using this Website, you shall be subject to any posted policies, guidelines, or rules applicable to use of the Website and any of Destination Toledo’s Digital Properties, including but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms.

OWNERSHIP. All content included on this site is and shall continue to be the property of Destination Toledo or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

INTENDED AUDIENCE. This Website is intended for adults only. This Website is not intended for any children under the age of 13.

LICENSE & ACCEPTABLE USE. Destination Toledo grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of Destination Toledo and Destination Toledo may terminate your use of this Website at any time.

ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to Destination Toledo, you are communicating electronically. You thereby consent to receive communications from Destination Toledo electronically. Destination Toledo will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by subscribing to the newsletter, you consent to receive newsletters, emails, promotions and other advertisements from Destination Toledo or its partners.

You may opt-out of receiving promotional newsletters from Destination Toledo by doing one of the following:

• Email us your request to opt-out at [email protected].
• Follow the opt-out or ‘unsubscribe’ instructions provided in the email we sent to you.

INTELLECTUAL PROPERTY RIGHTS. You acknowledge Destination Toledo’s exclusive rights in the contents of the Website. Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Destination Toledo or the party that provided such intellectual property to the Website. Destination Toledo and any party that provides intellectual property to the Website retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.

USER GENERATED CONTENT. Destination Toledo may allow users to post or share content (“User Content”) on its Digital Properties. By posting, uploading, inputting, providing or submitting your User Content you warrant and represent that you own or otherwise control all of the rights to your User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content. If your User Content includes personally identifiable information, personal information, personal data, or any data that can be linked to an identified of identifiable individual, as defined by any applicable data privacy law or regulation, you warrant and represent that you have obtained all necessary consent to process that data and that you have maintained and will continue to maintain appropriate documentation of such consent.

You agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Destination Toledo reserves the right to terminate or delete such material from its servers. Destination Toledo will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

CONTENT MODERATION. Destination Toledo has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.

No compensation will be paid with respect to the use of your Submission, as provided herein. Destination Toledo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Destination Toledo’s sole discretion.

Destination Toledo does not claim ownership of the User Content (including feedback and suggestions) or post, upload, input or submit to any Website or its associated Content. However, by posting, uploading, inputting, providing or submitting your User Content you are granting Destination Toledo, its affiliated entities and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your User Content in connection with the operation of the Services including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content; and to publish your name, portrait, photograph or likeness in connection with your User Content.

Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

COMPLIANCE WITH LAWS. You agree to comply with all Federal, State, and local laws regarding your use of the Website. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

LINKS TO THIRD PARTY SITES. The Website may contain links to sites controlled by parties other than Destination Toledo (each a “Third Party Site”). Destination Toledo may work with partners and affiliates whose sites are linked with Destination Toledo. Destination Toledo is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. Destination Toledo makes no guarantees about the content or quality of the products or services provided by such sites. Destination Toledo is not responsible for webcasting or any other form of transmission received from any Third Party Site.

Destination Toledo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Destination Toledo of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Destination Toledo is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Destination Toledo does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Destination Toledo is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.

LINKING, FRAMING. Third Party links to the Website are not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Destination Toledo. A Third Party Site that links to the Website: (i) may link to, but not replicate, Destination Toledo’s Content; (ii) may not create a browser, border environment or frame Destination Toledo’s Content; (iii) may not imply that Destination Toledo is endorsing it or its products; (iv) may not misrepresent its relationship with Destination Toledo; (v) may not present false or misleading information about Destination Toledo’s services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

INDEMNIFICATION. You agree to indemnify, defend and hold Destination Toledo and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to any violation of this Agreement or to any use of the Website.

DISCLAIMER. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT DESTINATION TOLEDO (INCLUDING OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF DESTINATION TOLEDO) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, SERVICES, DESTINATION TOLEDO PROPERTY, INFORMATION PROVIDED, OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE.  THE WEBSITE, SERVICES, DESTINATION TOLEDO PROPERTY AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY DESTINATION TOLEDO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  DESTINATION TOLEDO DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, SECURITY, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE, SERVICES, DESTINATION TOLEDO PROPERTY, INFORMATION PROVIDED, OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED ON THE WEBSITE FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, DESTINATION TOLEDO HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT CONTENT, PRODUCTS OR INFORMATION WILL MEET YOUR REQUIREMENTS, OR THE QUALITY OF ANY CONTENT, PRODUCTS OR INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCU­RACIES, OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE AT ANY TIME WITHOUT NOTICE.  THE DESTINATION TOLEDO PROPERTY, MATERIALS, CONTENT OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE FACT THAT DESTINATION TOLEDO IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF ANY KIND.  

DESTINATION TOLEDO MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR SERVICES OR ANY INFORMATION OFFERED THROUGH THE WEBSITE IS OR WILL BE (A) ERROR-FREE OR UNINTERRUPTED, (B) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) APPLICABLE AND APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE THE UNITED STATES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

AFFILIATE LINKS. Destination Toledo is a registered non-profit organization dedicated to advancing the interests of Toledo, Ohio and its business community. In order to sustain our operations and continue providing valuable resources, we participate in affiliate marketing programs. This means that some of the links on our website may be “affiliate links,” which allow us to earn a small commission if you use that link and subsequently make a purchase or take certain actions.

These commissions come at no additional costs to you – think of it like advertising – and help support our mission-driven initiatives. However, the inclusion of these links does not constitute an endorsement or guarantee of the products, services, or companies referenced. All disclaimers of warranties and other notices discussed in Section 10. Links to Third Party Sites apply to all affiliate links.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DESTINATION TOLEDO OR ANY OF ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL (INCLUDING LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR USE OF THE WEBSITE, OR THE WEBSITE’S CONTENT, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR THE CONTENT CONTAINED OR REFERENCED THEREIN IS TO CEASE YOUR USE OF THE WEBSITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT DESTINATION TOLEDO SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

DESTINATION TOLEDO MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DESTINATION TOLEDO AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $200 OR THE AMOUNT YOU HAVE PAID TO DESTINATION TOLEDO FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SUBSCRIBER AND/OR ITS AUTHORIZED END USERS.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

USE OF INFORMATION. Destination Toledo reserves the right, and you authorize us, to use and assign all information regarding website uses by you and all information provided by you in any manner consistent with our Privacy Notice [PRIVACY NOTICE URL].

COPYRIGHTS AND COPYRIGHT AGENT. If you believe your work has been copied by or used on this Website or on any of Destination Toledo’s Digital Properties, in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated by this Website or Destination Toledo, please provide a notice containing all of the following information to our Director of Marketing & Communications:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website, including complete URLs for any pages containing the material;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Website is our Director of Marketing & Communications, who can be reached as follows:

By Phone: (419) 321-5028

By E-mail: [email protected]

APPLICABLE LAW. If there is any dispute about or involving the Website or these Terms, you agree that any dispute shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Lucas County, Ohio.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled.  Any cause of action brought by you against Destination Toledo or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

SEVERABILITY. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

WAIVER. The failure of Destination Toledo to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Destination Toledo must be in writing and signed by an authorized representative of Destination Toledo.

MODIFICATION AND TERMINATION OF THE WEBSITE. Destination Toledo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the Website (or any part thereof) with or without notice. You agree that Destination Toledo will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.

RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

ENTIRE AGREEMENT. These Terms, along with any other applicable terms or policies incorporated by reference, constitutes the entire agreement between you and Destination Toledo and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Destination Toledo with respect to this Website.

Destination Toledo may revise these Terms at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.