SkiTownConnect Terms of Service Agreement
This Terms and Service Agreement (the “Agreement”) is a contract between You (hereinafter the “User”, or “You”, and in the possessive form, “Your”) and SkiTownConnect, LLC (“SkiTownConnect” or “SkiTownConnect, LLC”), and governs Your use of SkiTownConnect’s Services. It is entered into in consideration for all the obligations, terms, and covenants set forth herein, and other good and valuable consideration. By using SkiTownConnect’s Services, You acknowledge that You have read, and that You agree to and accept all of the terms and conditions contained in this Agreement.
ELIGIBILITY AND AUTHORIZATION
To be eligible for our Services, You must be at least 18 years old. When signing up for our services, You authorize SkiTownConnect, directly or through third parties, to make any inquiries we consider necessary to validate Your identity. This may include asking You for further information, requiring You to take steps to confirm ownership of Your email address or financial instruments, and verifying Your information against third party databases, networking sites, or through other sources.
THE APP AND USER FEES
SkiTownConnect is a free application (“App”) service for users. Fees may apply for our advertising partners, as set forth in the corresponding advertising agreements. We reserve the right to cancel your accounts anytime. We reserve the right to change our service plans to require user fees or App download fees at any time without prior notice.
TERMS OF USAGE
The services that SkiTownConnect provides are strictly for the registered user only. We will not be held accountable for any information that is used by a third party not privy to this agreement. In addition, you may not use SkiTownConnect to spread or communicate anything:
• a. that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy; • b. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals in any way;
• c. that purports to be from any person or entity, other than the User, or falsely states or otherwise misrepresents Your identity;
• d. that includes personal or identifying information about another person without that person’s explicit consent;
• e. that is false, deceptive, misleading, deceitful, or mis-informative;
• f. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
• g. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
• h. that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, device, or telecommunications equipment;
• i. that employs misleading email addresses, names, photographs, or forged headers or otherwise manipulated identifiers in order to disguise the origin of transmitted content;
• j. that violates Federal or State Law, including, without limitation, do not call lists and laws governing spam email, and other similar laws; • k. that seeks to engage in unlawful or violent activity, and the App may not be used for any such activity;
CONTENT ON THE SERVICE
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information or be offensive, indecent or objectionable. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, including relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content. If notified by a user or content owner that Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.
LINKS TO THIRD PARTY SITES
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. SkiTownConnect may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
Our Service (including without limitation the App(s)) is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service (including without limitation the App(s)), including all associated intellectual property rights. Except as expressly provided in the Terms, you may not make use of the Service, and SkiTownConnect reserves all rights to the Service. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service (including without limitation the App(s)). You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (including without limitation the App(s)) (“Feedback”) will be the sole and exclusive property of SkiTownConnect and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the provisions of the Terms, your permission to use the Service will terminate automatically. Additionally, we have the right in our sole discretion to suspend or disable your access to or use of the App(s) and/or Service or to terminate your Account and the Terms at any time, with or without notice. You may terminate the Terms at any time, with or without notice, by closing Your Account. Follow the instructions that will be updated from time to time on the application and deleting your Account and discontinuing all access to and use of the Service. If you or we terminate or delete your Account or terminate the Terms, you will promptly remove all copies of the App and parts thereof from your possession and control.
EXCLUSION OF WARRANTY
SKITOWNCONNECT AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE OR APPLICATION, ALL OF WHICH ARE PROVIDED ON AN ‘AS IS’ AND “AS AVAILABLE” BASIS. SKITOWNCONNET AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE OR APPLICATION AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SKITOWNCONNECT SEEKS TO CONNECT USERS WITH FELLOW USERS THAT MAY, FROM TIME TO TIME, REASONABLY ENCOUNTER ISSUES THAT MAY IMPACT THE SERVICES, SUCH AS ILLNESS, HOLIDAYS, ISSUES OF FORCE MAJEUR, ETC. SKITOWNCONNECT SHALL NOT BE LIABLE NOR WILL REFUNDS BE AVAILABLE IN SUCH CASES. SKITOWNCONNECT WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENTCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED BY ANY OTHER USER AND WILL NOT BE HELD LIABLE FOR ANY UNLAWFUL, VIOLENT, OR TORTIOUS ACTS OF ONE USER AGAINST ANOTHER USER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE FULLEST EXTENT ALLOWABLE BY SUCH STATE’S LAW.
SkiTownConnect is Copyright 2015 SkiTownConnect, LLC., all rights reserved. All site and application content, including Agreements, Disclosures, Website Text, Application Text, Layout, and Images are property of SkiTownConnect, LLC, or are used under license. You may not reproduce, republish, or redistribute material from the website without permission of SkiTownConnect, LLC or the original copyright holder. Nothing contained on this site should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any of the copyrights without the written permission of SkiTownConnect, LLC.
LIMITATION OF LIABILITY
SkiTownConnect, LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your computer, telephone, tablet, equipment or other property on account of Your access to, use of, or browsing in this site or Your downloading of any materials, data, text, images, video or audio from the site or App. We are also not responsible for any loss attributed to the use of our application or services. In no event shall SkiTownConnect or SkiTownConnect, LLC or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site, application, or content found herein, or (ii) the actions or inactions of any other App users, registered or unregistered, or (iii) any sports related injuries stemming from the use of this site or App. Liability in all events shall be limited to the fee incurred by the User in downloading the application, if any.
NO GRANT OF RIGHTS
Neither the execution of this Agreement, nor the disclosure of any Proprietary Information hereunder, shall be construed as granting either expressly or by implication, estoppel or otherwise, any license under any invention or patent now or hereafter owned by or controlled by the parties.
You agree to defend, indemnify and hold SkiTownConnect, LLC its officers, managers and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of Your breach of this Agreement and/or Your use of the Services.
If a dispute arises between You and SkiTownConnect, LLC please contact us first. Our goal is to learn about and address Your concerns and, if we are unable to do so to Your satisfaction, to provide You with a neutral and cost effective means of resolving the dispute quickly. Disputes between You and SkiTownConnect, LLC regarding our services may be reported to customer service online through our App or website.
In no event shall SkiTownConnect, LLC or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of interruptions of service caused by an act of God, terrorism, accident, fire, labor controversy, riot, civil commotion, act of public enemy, law, enactment, rule order, or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness or incapacity, or other cause of a similar or dissimilar nature not reasonably within the control of SkiTownConnect, LLC or which SkiTownConnect, LLC could not by reasonable diligence have avoided (each such act specified in this paragraph shall be referred to herein as a “force majeure event”).
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
This Agreement and its performance shall be governed by the laws of the state of Florida, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of Eagle County, state of Colorado, United States of America, in all questions and controversies arising out of your use of this site and this Agreement, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) year from the date on which such claim or action accrued.
If SkiTownConnect, LLC takes any action to enforce this Agreement, SkiTownConnect, LLC will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney’s fees, costs, and any costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.
SkiTownConnect, LLC may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site and/or app or Your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which SkiTownConnect, LLC may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to You will terminate and revert to SkiTownConnect, LLC as applicable.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between SkiTownConnect, LLC and the User relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
QUESTIONS & CONTACT INFORMATION
The Services are offered by SkiTownConnect, LLC, located in Eagle, Colorado. Please contact us if you have any questions about our Terms. You may contact us by sending correspondence to SkiTownConnect, LLC, PO Box 4506, Eagle, CO or by emailing us at firstname.lastname@example.org.