Website Terms of Use

This website is operated by The Resort Company, LLC ("Resort Company"). These Terms of Use apply to and govern use of this website (the "Site"). Your use of this Site signifies your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not access or otherwise use this Site.

Resort Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Site or these Terms of Use, in whole or in part, at any time. Changes to these Terms of Use will be effective when posted. You agree to review these Terms of Use periodically to be aware of any changes. The last date upon which these Terms of Use were updated appears at the end of these Terms of Use. Your continued use of this Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

1. USE OF THE SITE
Resort Company grants you a non-exclusive, non-transferable, limited right to access, use, and display this Site for your personal use only, provided that you comply fully with these Terms of Use. You agree to the following with regard to your use of the Site and Resort Company services offered thereon:

You may not use this Site to engage in spamming or other advertising or marketing activities that violate any applicable laws, regulations or generally-accepted advertising industry guidelines.

You may not use this Site in a manner that is fraudulent or otherwise illegal or promotes illegal activities, including without limitation engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes.

You may not use this Site in any manner that might be libelous or defamatory, or in a way that is otherwise malicious or harmful to any person or entity, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age.

You may not use this Site to impersonate any person or business partner, or to obtain access to the Site without authorization.

You may not interfere with other users' use of the Site.

You may not permit a child under the age of 13 to publish information or post content on this Site.

Resort Company controls the operation of this Site from the United States of America, and makes no representation that this Site is appropriate or available for use outside the United States. If you use this Site from outside the United States, you are responsible for compliance with applicable local laws.

Resort Company reserves the right to take such action as it deems appropriate where the Site is used in a manner in which Resort Company deems to be in violation of these Terms of Use.

2. USE BY MINORS
This Site is intended for use by adults only.

3. COPYRIGHT AND TRADEMARK; LICENSES
The entire contents of the Site are protected under U.S. and international intellectual property laws and treaties. This Site is the property of The Resort Company, LLC © 2009 The Resort Company, LLC All rights reserved. Except for User Submissions, Resort Company and its affiliates, subsidiaries and licensees are the sole and exclusive owners, throughout the world, of copyright and all rights of copyright in and to the Site and materials contained thereon under the United States Copyright Act and international laws and treaties. Visitors may not copy, reproduce, or transmit any materials appearing on the Site without the express prior written permission from the copyright owner(s). Any rights not expressly granted herein are reserved.

You may use this the Site solely for your own non-commercial use where permitted. You may make not make machine readable copies or backup copies of the Site. You agree not to change or delete any proprietary notices from materials downloaded from the Site. The Resort Company name and logo, and various other trademarks used on this Site and all related product and service marks and slogans are the service marks and trademarks of Resort Company. All other product and service marks contained on the Site are trademarks of their respective owners. You may not use any Resort Company or third party trademarks, service marks or logos without the prior written consent of Resort Company or the third party trademark owner.

4. USER SUBMISSIONS
You shall be solely responsible for any content you post or otherwise make available on the Site, including but not limited to photographs, video and/or audio, (collectively "User Sumbissions") and the consequences of posting or publishing such content. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to post the User Submission and that you fully authorize Resort Company to include the User Submission on the Site; (ii) you have the written consent, release, and/or permission of each and every living, identifiable person in the User Submission to use that person's or organization's name or likeness in the manner contemplated by the Site; and (iii) your User Submission does not violate any term contained herein. Under no circumstances will Resort Company be liable or responsible in any way for any User Submissions, including, but not limited to, any loss or damage of any kind incurred as a result of the use or misuse of any User Submissions made available on the Site.

For clarity, you retain your ownership rights in your User Submissions. However, by uploading or posting User Submissions on the Site, you hereby grant Resort Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with Resort Company's business (and its successors' business), including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media format and through any media channel. You also hereby grant each Site user a non-exclusive license to access your User Submissions through the Site.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Resort Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You understand and acknowledge that you may be exposed to User Submissions and historical documents that are inaccurate, offensive, indecent, or objectionable. You further understand that you may also be exposed to User Submissions and historical documents that offend you personally but that Resort Company, in its sole discretion, determines are not inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Resort Company arising from the content of the User Submissions, historical documents or any other materials that can be viewed on the Site.

Users are strongly encouraged to notify us of any offensive, indecent, objectionable or pornographic material on the Site. We will remove any material that we, in our sole discretion, determine violates these Terms of Use, but we make no assurance that content you believe is offensive will be removed.

5. COPYRIGHT INFRINGEMENT
Resort Company respects the intellectual property rights of others and prohibits users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When Resort Company receives notice of alleged copyright infringement as described below, it will promptly investigate and remove or disable access to the allegedly infringing material and block access to the Site by repeat infringers in accordance with the Digital Millennium Copyright Act ("DMCA"). We may also at our sole discretion limit access to our Site by users who infringe any intellectual property rights of others, whether or not there is any repeat copyright infringement.

If you believe that your own copyrighted work is accessible on the Site in violation of your rights under copyright law, you may provide our Designated Agent with a written communication (a "Notification") containing the following: 1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed. If multiple copyrighted works are covered by your Notification, you may provide a representative list of such works.

2. Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material.

3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

4. Include 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.

5. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.

6. Include your name, mailing address, telephone number and email address. You may submit your notice of alleged copyright infringement to our Designated Agent by mail or fax to the Designated Copyright Agent as follows:

Designated Agent:
Katina C. Banks, Esq.
c/o DORSEY & WHITNEY LLP
370 Seventeenth Street; Suite 4700
Denver, Colorado 80202
Fax: 303.629.3450


Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content on the Site is infringing.

Upon receiving a complete notice of alleged copyright infringement as described above, Resort Company will expeditiously investigate and remove or disable access to any material we reasonably believe to be infringing based on the claims made in the notice. Resort Company may also notify the alleged infringer of your claim.

6. DISCLAIMER OF WARRANTIES
You understand Resort Company cannot and does not guarantee or warrant that the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet.

THE SITE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW. RESORT COMPANY DISCLAIMS ANY WARRANTIES THAT THE SITE OR INFORMATION OR SERVICES PROVIDED THROUGH THE SITE ARE FREE OF DEFECTS OR VIRUSES AND DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

Resort Company does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Changes are periodically made to the information herein. Resort Company and/or its affiliates may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this Site may let you leave the Site. Not all of the links on this Site link to other websites under the control of Resort Company and Resort Company is not responsible for the contents of any linked website accessible on the Site not under the control of Resort Company, any linked site contained in such a linked site, or any changes or updates to such sites. Resort Company provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Resort Company of any kind.

7. LIMITED LIABILITY/DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RESORT COMPANY BE LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF RESORT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESORT COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS AND CONDUCT OF ANY USER OF THE SITE. YOU AGREE THAT RESORT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY ACTS, OMISSIONS OR CONDUCT OF THE USERS OF THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RESORT COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RESORT COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Resort Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. The provisions of these Terms of Use are for the benefit of Resort Company and its officers, directors, employees, agents, licensees, affiliates, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

9. TERMINATION
You understand and agree that Resort Company may, in its sole discretion and at any time, terminate or discontinue the Site or your access to the Site for any reason or no reason without prior notice to you. YOU UNDERSTAND AND AGREE THAT RESORT COMPANY SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF THE SITE OR YOUR ACCESS TO THE SITE.

10. PRIVACY
Please also review the Privacy Policy of this Site, forming part of these Terms of Use. Defined terms are used in the same way in both the Terms of Use and the Privacy Policy.

11. MISCELLANEOUS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any action relating to or arising out of your use of the Site or this Agreement. In no event shall you be entitled to injunctive or other equitable relief. 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.

12. CONTACT
For any additional questions concerning these Terms of Use, contact us at info@steamboatresorts.com

Last updated: December 24,2009