Acceptance
of the Terms of Use
These terms of
use are entered into by and between You and Awayday (“Company,” “we,”
or “us”). The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, “Terms of
Use”), govern your access to and use of www.skicountry.com, including any
content, functionality, and services (the “Website”), whether as a guest
or a registered user.
Please read the
Terms of Use carefully before you start to use the Website. By using the
Website, you accept and agree to be bound and abide by these Terms of Use and
our Privacy Policy, found at https://www.skicountry.com/privacy-policy-new, incorporated herein by reference. If you do not want to agree
to these Terms of Use or the Privacy Policy, you must not access or use the
Website.
By using this
Website, you represent and warrant that you are of legal age to form a binding
contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must not access
or use the Website. If you fail to comply with these Terms and use, your
permission to use the Website automatically terminates.
Changes to
the Terms of Use
We may revise
and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when we post them, and apply to all access to
and use of the Website thereafter.
Your continued
use of the Website following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page from time
to time you access this Website so you are aware of any changes, as they are
binding on you.
Accessing
the Website and Account Security
We reserve the
right to withdraw or amend this Website, and any service or material we provide
on the Website, in our sole discretion without notice. We will not be liable
if, for any reason, all or any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of
the Website, or the entire Website, to users, including registered users.
You are
responsible for both:
·
Making all arrangements necessary for you to
have access to the Website.
·
Ensuring that all persons who access the Website
through your internet connection or systems are aware of these Terms of Use and
comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose,
or are provided with, a user name, password, or any other piece of information
as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide
any other person with access to this Website or portions of it using your user
name, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or password
or any other breach of security. You also agree to ensure that you exit from
your account at the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others are not
able to view or record your password or other personal information.
We have the
right to disable any user name, password, or other identifier, whether chosen
by you or provided by us, at any time in our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of these
Terms of Use.
Intellectual
Property Rights
The Website and
its entire contents, features, and functionality (including but not limited to
all information, software, text, displays, images, video, and audio, and the
design, selection, and arrangement thereof) are owned by the Company, its
licensors, or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
These Terms of
Use permit you to use the Website for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store, or transmit any
of the material on our Website, except as follows:
·
Your computer may temporarily store copies of
such materials in RAM incidental to your accessing and viewing those materials.
·
You may store files that are automatically
cached by your Web browser for display enhancement purposes.
·
You may print or download one copy of a
reasonable number of pages of the Website for your own personal, non-commercial
use and not for further reproduction, publication, or distribution.
·
If we provide desktop, mobile, or other
applications for download, you may download a single copy to your computer or
mobile device solely for your own personal, non-commercial use, provided you
agree to be bound by our end user license agreement for such applications.
You must not:
·
Modify copies of any materials from this site.
·
Use any illustrations, photographs, video or
audio sequences, or any graphics separately from the accompanying text.
·
Delete or alter any copyright, trademark, or
other proprietary rights notices from copies of materials from this site.
If you print,
copy, modify, download, or otherwise use or provide any other person with
access to any part of the Website in breach of the Terms of Use, your right to
use the Website will stop immediately and you must, at our option, return or
destroy any copies of the materials you have made. No right, title, or interest
in or to the Website or any content on the Website is transferred to you, and
all rights not expressly granted are reserved by the Company. Any use of the
Website not expressly permitted by these Terms of Use is a breach of these
Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company
name, the Company logo, and all related names, logos, product and service
names, designs, and slogans are trademarks of the Company or its affiliates or
licensors. You must not use such marks without the prior written permission of
the Company. All other names, logos, product and service names, designs, and
slogans on this Website are the trademarks of their respective owners.
Prohibited
Uses
You may use the
Website only for lawful purposes and in accordance with these Terms of Use. You
agree not to use the Website:
·
In any way that violates any applicable federal,
state, local, or international law or regulation (including, without
limitation, any laws regarding the export of data or software to and from the
US or other countries).
·
For the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or
otherwise.
·
To transmit, or procure the sending of, any
advertising or promotional material without our prior written consent,
including any “junk mail,” “chain letter,” “spam,” or any other similar
solicitation.
·
To impersonate or attempt to impersonate the
Company, a Company employee, another user, or any other person or entity
(including, without limitation, by using email addresses or screen names
associated with any of the foregoing).
·
To engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of the Website, or which, as determined by
us, may harm the Company or users of the Website, or expose them to liability.
Additionally,
you agree not to:
·
Use the Website in any manner that could
disable, overburden, damage, or impair the site or interfere with any other
party’s use of the Website, including their ability to engage in real time
activities through the Website.
·
Use any robot, spider, or other automatic
device, process, or means to access the Website for any purpose, including
monitoring or copying any of the material on the Website.
·
Use any manual process to monitor or copy any of
the material on the Website, or for any other purpose not expressly authorized
in these Terms of Use, without our prior written consent.
·
Use any device, software, or routine that
interferes with the proper working of the Website.
·
Introduce any viruses, Trojan horses, worms,
logic bombs, or other material that is malicious or technologically harmful.
·
Attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of the Website, the server on
which the Website is stored, or any server, computer, or database connected to
the Website.
·
Attack the Website via a denial-of-service
attack or a distributed denial-of-service attack.
·
Otherwise attempt to interfere with the proper
working of the Website.
Reliance on
Information Posted
The information
presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or
usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
This Website may
include content provided by third parties, including materials provided by
other users, and third-party licensors, syndicators, aggregators, and/or
reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content, other
than the content provided by the Company, are solely the opinions and the
responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of the Company. We are not
responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties.
Changes to
the Website
We may update
the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Website may be
out of date at any given time, and we are under no obligation to update such
material.
Information
About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to
the Website
You may link to
our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval, or
endorsement on our part without our express written consent.
Links from
the Website
If the Website
contains links to other sites and resources provided by third parties, these
links are provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no
control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them. If you decide to access any of the third-party websites linked to this
Website, you do so entirely at your own risk and subject to the terms and
conditions of use for such websites.
Geographic
Restrictions
The owner of the
Website is based in the State of Colorado in the United States. We provide this
Website for use only by persons located in the United States. We make no claims
that the Website or any of its content is accessible or appropriate outside of
the United States. Access to the Website may not be legal by certain persons or
in certain countries. If you access the Website from outside the United States,
you do so on your own initiative and are responsible for compliance with local
laws.
Disclaimer
of Warranties
You understand
that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other
destructive code. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data. TO THE FULLEST
EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE
WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS
AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR
ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND
CONDITIONS.
TO THE FULLEST
EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING
DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Limitation
on Liability
TO THE FULLEST
EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, EXCEED THE
AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST
TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING
DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Indemnification
You agree to
defend, indemnify, and hold harmless the Company, its affiliates, licensors,
and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors, and assigns
from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses, or fees (including reasonable attorneys’ fees) arising out of
or relating to (a) your violation of these Terms of Use or your use of the
Website, including, but not limited to, any use of the Website’s content,
services, and products other than as expressly authorized in these Terms of
Use, or your use of any information obtained from the Website; and (b) your use
or reliance on, or publication, communication or distribution of anything on or
from the Website.
Governing
Law and Jurisdiction
All matters
relating to the Website and these Terms of Use, and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual
disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of Colorado without giving effect to any choice or
conflict of law provision or rule (whether of the State of Colorado or any
other jurisdiction).
Any legal suit,
action, or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United
States or the courts of the State of Colorado, although we retain the right to
bring any suit, action, or proceeding against you for breach of these Terms of
Use in your country of residence or any other relevant country. You waive any
and all objections to the exercise of jurisdiction over you by such courts and
to venue in such courts.
Arbitration
At Company’s
sole discretion, it may require You to submit any disputes arising from these
Terms of Use or use of the Website, including disputes arising from or
concerning their interpretation, violation, invalidity, non-performance, or
termination, to final and binding arbitration under the Rules of Arbitration of
the American Arbitration Association applying Colorado law.
Limitation
on Time to File Claims
ANY CAUSE OF
ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE
OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and
Severability
No waiver by the
Company of any term or condition set out in these Terms of Use shall be deemed
a further or continuing waiver of such term or condition or a waiver of any
other term or condition, and any failure of the Company to assert a right or
provision under these Terms of Use shall not constitute a waiver of such right
or provision.
If any provision
of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full force and
effect.
Entire
Agreement
The Terms of Use
and our Privacy Policy constitute the sole and entire agreement between You and
AwayDay regarding the Website and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and
oral, regarding the Website.
Your
Comments and Concerns
This website is operated by AwayDay and 1008
Airport Rd STE F, Destin, FL 32541.
All
other feedback, comments, requests for technical support, and other
communications relating to the Website should be directed to:
PRIVACYOPS@AWAYDAY.US.