Ownership. All content included on the AlpineLink Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of AlpineLink 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 AlpineLink Sites is the exclusive property of AlpineLink and protected by U.S. and international copyright laws. All software used on the AlpineLink Sites is the property AlpineLink or its software suppliers and protected by U.S. and international copyright laws.
Copyright Complaints. AlpineLink 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 AlpineLink Sites in a way that constitutes copyright infringement, you may notify AlpineLink by providing AlpineLink’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 AlpineLink 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.
AlpineLink’s agent for notice of claims of copyright infringement on the AlpineLink Sites can be reached as follows: Mike Hawkins, POB 4510, Breckenridge, Colorado 80424
2. Permitted Use of AlpineLink Trademarks AlpineLink trademarks identify AlpineLink 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 AlpineLink. Please make such requests by e-mail to firstname.lastname@example.org; we will evaluate your request as soon as possible.
3. User Submissions and Content AlpineLink may provide interactive areas on the AlpineLink 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 AlpineLink Sites, including message boards, forums, and chat rooms, you grant AlpineLink 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 AlpineLink interactive areas, you agree:
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 AlpineLink with respect to such sites.
In addition, you may order services or materials through the AlpineLink Sites from other persons not affiliated with AlpineLink (“Sellers”). For example, you may choose to register for an event and order event-related merchandise on the AlpineLink 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. AlpineLink makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider AlpineLink, nor will AlpineLink be construed as, a party to such transactions, whether or not AlpineLink may have received some form of revenue or other remuneration in connection with the transaction. You agree that AlpineLink will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
AlpineLink and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. AlpineLink 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 AlpineLink 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 AlpineLink of any unauthorized use of your registration.
6. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF AlpineLink IS AT YOUR SOLE RISK. AlpineLink IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AlpineLink 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 AlpineLink SITES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AlpineLink NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN AlpineLink, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. AlpineLink 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 AlpineLink.
AlpineLink makes no warranty that the AlpineLink Sites’ services will be uninterrupted, secure or error free. AlpineLink does not guarantee the accuracy or completeness of any information in, or provided in connection with, the AlpineLink Sites. AlpineLink 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 AlpineLink 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 AlpineLink SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE AlpineLink 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 AlpineLink 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 AlpineLink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification You agree to indemnify and hold each of AlpineLink 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 AlpineLink, 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.
10. Applicable Law; Consent to Jurisdiction AlpineLink Sites (excluding linked sites) are controlled by AlpineLink from its offices within the State of Colorado, United States of America. The AlpineLink 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 AlpineLink Sites both you and AlpineLink 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 AlpineLink Sites.
You agree that exclusive jurisdiction for any dispute with AlpineLink, or in any way relating to your membership or use of AlpineLink 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 AlpineLink 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.
With your prior approval, AlpineLink reserves the right to charge fees, surcharges and/or membership fees at any time.