Terms of Use

Thank you for visiting www.tortugaliving.com (the "Site") owned and operated by TORTUGA Living LLC. ("TORTUGA"). Your use of the Site indicates that you have read, understood and agree to these Terms of Use ("Terms"), which expressly incorporate by reference and include the Privacy Policy and Cookie Policy and any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein or on any notice sent to you. When entering the Site, you agree to the following Terms. If you do not agree to these Terms, please do not use this Site.

Intellectual Property

The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TORTUGA. Material from this Site may not, except as provided for by mandatory law, be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of TORTUGA. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of TORTUGA. Material on this Site is provided for lawful purposes only. The use or misuse of TORTUGA trademarks is strictly prohibited.

Copyright

This Site and its content are protected by copyright as a copyrighted work, a collective work and/or compilation, pursuant to United States copyright laws and other copyright laws. Except as set forth in these Terms or in mandatory law, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms or in mandatory law), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or the Site, in whole or in part. You may access the Site for your personal, noncommercial use only. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from TORTUGA.

UNDER NO CIRCUMSTANCES SHALL TORTUGA OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, TORTUGA DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TORTUGA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TORTUGA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TORTUGA'S LIABILITY WITH REGARD TO ANY MATTER FOR WHICH IT WOULD BE UNLAWFUL TO LIMIT OR EXCLUDE OUR LIABILITY.

Linked Internet Web Sites

This Site contains links to other internet sites and resources. TORTUGA is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of TORTUGA. Because TORTUGA is not responsible for the availability of these outside resources or their content, you should review the Terms of these linked sites, as their terms and conditions of use may differ from ours. You should direct any concerns regarding any external link to its site administrator.

Governing Law

The use of the Site and these Terms shall be governed by the laws of the state of Pennsylvania, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials on this Site are made available only to provide information about TORTUGA, which controls and operates this Site and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws.