Terms of Use for AlpineVillaRetreat website

AlpineVillaRetreat maintains this and other websites as a service to its customers. By accessing or using the web sites owned, operated or maintained by Hawkins Properties LLP (the "AlpineVillaRetreat" sites), you are expressly agreeing to comply with and be bound by the following Terms of Use and the AlpineVillaRetreat Privacy Statement, as well as all applicable laws and regulations. The Terms of Use are created to protect you and to ensure that AlpineVillaRetreat is safe. If you do not agree with these Terms of Use, you are not authorized to use the AlpineVillaRetreat Sites and must not access or use them. AlpineVillaRetreat may revise and update these Terms of Use at any time. Please periodically review them as your continued usage of the AlpineVillaRetreat Sites indicates your agreement with any such changes.

1. Copyright.

Ownership. All content included on the AlpineVillaRetreat Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of AlpineVillaRetreat or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the AlpineVillaRetreat Sites is the exclusive property of AlpineVillaRetreat and protected by U.S. and international copyright laws. All software used on the AlpineVillaRetreat Sites is the property AlpineVillaRetreat or its software suppliers and protected by U.S. and international copyright laws.

Permitted Use. The content and software on the AlpineVillaRetreat Sites may be used as an information, entertainment, registration and shopping resource. In addition, AlpineVillaRetreat hereby authorizes you to view, copy, download, and print for personal use only any AlpineVillaRetreat-owned content on the AlpineVillaRetreat Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by AlpineVillaRetreat licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by AlpineVillaRetreat, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the AlpineVillaRetreat Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the AlpineVillaRetreat Sites, the AlpineVillaRetreat logos or other design elements or software. Any use of the AlpineVillaRetreat Site content not described herein is strictly prohibited.

Copyright Complaints. AlpineVillaRetreat respects the intellectual property of others, and we ask our partners and members to do the same. If you believe that your copyrighted work has been copied and is accessible on the AlpineVillaRetreat Sites in a way that constitutes copyright infringement, you may notify AlpineVillaRetreat by providing AlpineVillaRetreat's copyright agent the following information:

an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published. Identification of the URL or other specific location of the AlpineVillaRetreat Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material. Your name, address, telephone number and e-mail address. 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. A statement by you, made under the penalty of perjury, that the above information is your notice, is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.

AlpineVillaRetreat's agent for notice of claims of copyright infringement on the AlpineVillaRetreat Sites can be reached as follows: Hawkins Properties LLP, attn: Mike Hawkins, POB 4510, Breckenridge, Colorado 80424

2. Permitted Use of AlpineVillaRetreat Trademarks AlpineVillaRetreat trademarks identify AlpineVillaRetreat products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from AlpineVillaRetreat. Please make such requests by e-mail to mike@alpinelink.com; we will evaluate your request as soon as possible.

Trademarks: tba

3. User Submissions and Content AlpineVillaRetreat may provide interactive areas on the AlpineVillaRetreat sites, in which users may post communications. You alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which shall include your member name, to any "interactive area" of the AlpineVillaRetreat Sites, including message boards, forums, and chat rooms, you grant AlpineVillaRetreat a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

In consideration of being allowed to use the AlpineVillaRetreat interactive areas, you agree:

not to use the AlpineVillaRetreat Sites to send or post on message boards or any place on the AlpineVillaRetreat Sites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of AlpineVillaRetreat. not to use an inappropriate member name of any kind. not to post or use the AlpineVillaRetreat Sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Such actions shall constitute a material breach of these Terms of Use. AlpineVillaRetreat reserves the right to delete from the AlpineVillaRetreat Sites any postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators.

4. Links; Third Party Services; Promotional Messages As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against AlpineVillaRetreat with respect to such sites.

In addition, you may order services or materials through the AlpineVillaRetreat Sites from other persons not affiliated with AlpineVillaRetreat ("Sellers"). For example, you may choose to register for an event and order event-related merchandise on the AlpineVillaRetreat Sites. All matters concerning the merchandise and services desired from Sellers, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Sellers. AlpineVillaRetreat makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider AlpineVillaRetreat, nor will AlpineVillaRetreat be construed as, a party to such transactions, whether or not AlpineVillaRetreat may have received some form of revenue or other remuneration in connection with the transaction. You agree that AlpineVillaRetreat will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.

AlpineVillaRetreat and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. AlpineVillaRetreat makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither AlpineVillaRetreat nor such third party shall have any liability with respect thereto.

5. Registration and Password You are responsible for maintaining the confidentiality of your login ID and password (your "registration") if one is required. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify AlpineVillaRetreat of any unauthorized use of your registration.

6. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF AlpineVillaRetreat IS AT YOUR SOLE RISK. AlpineVillaRetreat IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AlpineVillaRetreat EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE INFORMATION ON AlpineVillaRetreat SITES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AlpineVillaRetreat NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN AlpineVillaRetreat, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. AlpineVillaRetreat ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE TECHNIQUES AND APPROACHES THAT MAY BE DESCRIBED IN TOOLS, TEMPLATES AND OTHER ARTICLES PROVIDED ON AlpineVillaRetreat.

AlpineVillaRetreat makes no warranty that the AlpineVillaRetreat Sites' services will be uninterrupted, secure or error free. AlpineVillaRetreat does not guarantee the accuracy or completeness of any information in, or provided in connection with, the AlpineVillaRetreat Sites. AlpineVillaRetreat is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the AlpineVillaRetreat Sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

7. Limitation of Liability AlpineVillaRetreat SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE AlpineVillaRetreat OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH AlpineVillaRetreat OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AlpineVillaRetreat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification You agree to indemnify and hold each of AlpineVillaRetreat and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of AlpineVillaRetreat, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

9. Termination AlpineVillaRetreat reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access AlpineVillaRetreat and/or any other service provided to you by AlpineVillaRetreat upon any breach by you of the Terms of Use or upon your demonstration of conduct that AlpineVillaRetreat determines to be inappropriate.

10. Applicable Law; Consent to Jurisdiction AlpineVillaRetreat Sites (excluding linked sites) are controlled by AlpineVillaRetreat from its offices within the State of Colorado, United States of America. The AlpineVillaRetreat Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing the AlpineVillaRetreat Sites both you and AlpineVillaRetreat agree that the statutes and laws of the State of Colorado, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the AlpineVillaRetreat Sites.

You agree that exclusive jurisdiction for any dispute with AlpineVillaRetreat, or in any way relating to your membership or use of AlpineVillaRetreat resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any dispute including any claim involving AlpineVillaRetreat or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

11. Miscellaneous The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

AlpineVillaRetreat may assign its rights and obligations under these Terms of Use and upon such assignment AlpineVillaRetreat may be relieved of any further obligation hereunder.

You represent to AlpineVillaRetreat that you have the authority to register with AlpineVillaRetreat according to these Terms of Use.

With your prior approval, AlpineVillaRetreat reserves the right to charge fees, surcharges and/or membership fees at any time.