iResort App - User Agreement
User Agreement

 

Terms Of Use


Resort App
Website Terms of Use
Version 1.1 Revised as of January 7, 2013

The Websites located at www.iResortApp.com and www.ResortAppWorldwide.com are operated by Resort App, LLC (referred to as Company).

Use of any portion of Websites is subject to these terms, conditions and notices.

If you register, visit or access the website from any device, you are subject to and accept these terms and conditions of use. Please read them carefully.

In return for access to non-registered and registered User portions of the Websites, you agree to be bound by these terms of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Websites.

Privacy Resort App believes in protecting your privacy. Please review our privacy policy located at http://www.iResortApp.com/privacy.

Geographic Scope The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Company intends to make such products or services available in such countries. Registered use is not available in all countries.

Electronic Communications When you visit the Websites, post and upload information, link to the Websites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, policies and other communications that we provide you electronically including email satisfy any legal requirement that communications be in writing.

Copyright and Trademark All content included on the Website, including, but not limited to, trademarks, logos, text, design, graphics, button icons, images, audio and video clips, digital downloads, interfaces, compilations, software and code is the property of Company or its content suppliers, and is protected by United States and International copyright laws. All software used on this site is the property of the Company or its software suppliers and partners and is protected by United States and International copyright laws. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of the Company.

License and Site Access Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the User portions of the Website for your person, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website.

Unless otherwise explicitly specified, the Websites (including past, present and future versions) and included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, services, technology, documentation, the “look and feel” of the Websites, the compilation, assembly and arrangement of the materials of the Websites and any and all copyrightable material (including source and object code), (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by us. Additionally, all trademarks, service marks, trade names, and trade identities that may appear on the Websites are owned by us. Except for the limited use rights granted to you in the Terms of Use, you shall not acquire any right, title or interest in the Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

This license does not include any rights of resale or commercial use of the Website or its content; any collection and use of the product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. You may not use any metatags or any other hidden text utilizing Company or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Company. Any unauthorized use terminates the permission of license granted by Company.

Linking You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Company if the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner and so long as your link is related reasonably to the Company’s business. You may not use any proprietary graphic, trade name, trademark or service mark of Company or any of its affiliates as part of the link without the express, written consent of Company.

Mobile The Websites include features and services available via your mobile phone, including, without limitation (i) the ability to upload to the Websites from your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to messages and send content and messages using text messaging (Mobile Texts), and (iii) the ability to access the Websites from your mobile phone or tablet (Mobile Web) (collectively, the “Mobile Services”). Although we do not typically charge for mobile services, your carrier’s normal messaging, data, and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services, and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to determine what plans are available to you. By using the Mobile Services, you agree that we may communicate with you regarding the Website and our partners via SMS, MMS, text message, email, mobile couponing, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

You agree that in connection with the Mobile Services used, we may send communications to your mobile device regarding us, our partners, or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered with us, you agree to notify us of any changes to your mobile number and update your account(s) on the Websites to reflect changes.

Registered Account If you establish an account with the Company, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password.

Children and Minors Website is intended for the use of adults over the age of 18. If you are under 18, you may use the Website only with approval from and involvement with a parent or legal guardian.

Reviews Company reserves the right to refuse service, remove and edit content, or cancel accounts at its sole discretion.

Disclaimer of Warranties The information, software, and services published on these Websites may include inaccuracies or errors. Company, and its affiliates, do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of restaurants, activities, retailers, hotels, airlines, transportation services, spas, or other resort services displayed on these websites (including, without limitation, descriptions, pricing, photographs, etc.).

The Company makes no representations about the suitability of the information, software, or services contained on this website for any purpose, and the inclusion or offering of any services on this website does not constitute any endorsement or recommendation of such services by the Company. All such information, software, and services are provided “As Is” without warranty of any kind. The Company disclaims all warranties and conditions that this website, its servers or any email or text messages sent from Company, are free of viruses or other harmful components. Company hereby disclaims all warranties and conditions with regard to this information, software and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.

Limitation of Liability In no event shall Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of, or use of these Websites or with the delay or inability to access, display, or use these Websites (including, but not limited to, your reliance upon opinions or ratings appearing on these Websites; any computer viruses, information, software, linked sites, and services obtained through this website; or otherwise arising out of the access to, display of or use of these Websites) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Company has been advised of the possibility of such damages.

Disputes Any dispute relating in any way to your visit to the Website or to products or services you purchase through or as recommended by the Website shall be submitted to confidential arbitration in Summit County, Colorado in the United States of America. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extend permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability As noted above, you are encouraged and advised to review the Privacy Policy posted on the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement.

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the terms and conditions of use, and the privacy policy at any time. You should check these terms and conditions of use and privacy policy periodically for changes. By using the Website after we post any changes to the terms and conditions of use or the privacy policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions of use and the privacy policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account with us. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.

Governing Law Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Colorado, United States of America. By using and visiting the Website, you agree that the laws of Colorado and the United States, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.

Indemnification You agree to defend, indemnify and hold harmless Company, its affiliates, partners, and all officers, directors, employees, and agents from and against any claims, obligations, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of, related to, or that may arise in connection with (i) your breach of this Agreement; (ii) your violation of any law or the rights of a third party; (iii) your access to or use of these Websites; (iv) your acts or omissions, or (v) any actual or alleged breach of any representation, warranty, or covenant that you have made to us. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

General If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

Fictitious names of companies, people, characters (Iggy and other characters), and/or data mentioned on these Websites are not intended to represent any real individual, company, or event.

Any rights not expressly granted herein are reserved.

Contact Information For answers to questions regarding this agreement or to contact us, write to us at:

Resort App, LLC
105 Mountain Vista Lane
Silverthorne, CO 80498 - USA
info@iResortApp.com

 

FOR INFO 720-273-0245

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