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GENERAL TERMS AND CONDITIONS OF USE

Last updated: February [25], 2020

Acceptance of the Terms

These terms and conditions of use (“Terms”) govern your rights and obligations regarding your access to, and use of, this internet site located at www.gardenofthegodsresort.com, including all related mobile applications, websites, software, content, products, services, features and functions provided or offered through, or in connection with, this site (collectively, the “Site”), and is an agreement by and between BCWJ813, doing business as Garden of the Gods Resort and Club, and its subsidiaries and affiliates (herein referred to as “Garden of the Gods”, “we”, “us”, and “our”) and you, whether you are accessing the Site on your own, through an intermediary, or on behalf of any other person or entity (referred to herein as “you” and “your”). These Terms constitute a fully binding agreement between Garden of the Gods and you, so please read them carefully.

By accessing, using, viewing, posting on, interacting or communicating with, or engaging in transactions of any kind on or through (including but not limited to making reservations) the Site, you agree to be bound by, and comply with, these Terms and our Privacy Policy and, if applicable, our User Generated Content Terms & Conditions.

IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

Modification of the Terms

Garden of the Gods reserves the right, in its sole discretion, to revise and update these Terms from time to time without notice. The date on which these Terms were last updated will appear at the top of this page. Your continued use of the Site after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision to which you are bound. If you do not agree to the Terms or the Privacy Policy at any point, you may not access or use the Site.

Garden of the Gods may immediately terminate these Terms and/or cease offering or deny access to the Site or any portion thereof, at any time, for any or no reason. The information and material on the Site may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is restricted to users or unavailable at any time or for any period.

Moreover, Garden of the Gods reserves the right to make changes, corrections, cancellations, and/or improvements to the Site and content on the Site, and the products, services, and programs described therein at any time without notice, including after confirmation of a transaction with you.

Your Use of the Site

Users are responsible for obtaining their own access to the Site and for the Site’s availability and performance. Users are required to ensure that all persons who access the Site through a user’s internet connection are aware of these Terms and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Site.

You shall make only legitimate reservations in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations, or any reservations in anticipation of demand. We reserve the right to cancel or modify reservations in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours.

You are prohibited from attempting to circumvent and from violating the security of the Site, including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict, disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Site owner’s ability to monitor the Site; (f) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Site.

Intellectual Property Rights and Ownership

You understand and agree that the Site and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Garden of the Gods, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. By using the Site, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.

We do not grant you a right or license to reproduce content from the Site, for any reason.

With respect to all communications you make available, provide or send to us, including but not limited to information, feedback, questions, comments, proposals, content, suggestions, submissions, reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, content, techniques, and/or any other materials (“Feedback”), and all Feedback you post, display or upload on the Site, you grant (or warrant that the owner of such materials expressly granted) Garden of the Gods a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right and license in our sole discretion to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display, and perform and/or otherwise use or disclose to or share with others such Feedback or incorporate such Feedback into any form, forum, medium, or technology for any purpose whatsoever throughout the world in any media, now known or hereafter devised, including, without limitation, the development, production, and marketing of products and services that incorporate such Feedback; and (ii) pursue at law any person or entity that violates your or our rights in the Feedback by a breach of these Terms. You expressly waive any and all “moral rights” that may subsist in your Feedback. We take no responsibility and are not liable for any Feedback posted on the Site or submitted by you.

Third Party Sites

Links on the Site to other websites, applications, or resources provided, operated, or maintained by parties other than Garden of the Gods (“Third Party Sites”) are provided to you for convenience only. By accessing such Third Party Sites through the Site, you are consenting to the terms of service and privacy policies of those Third Party Sites. We are not responsible for the availability of such Third Party Sites, and we do not accept any responsibility or liability for their content or policies. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.

Conditions of Use

As a condition of your access and use you agree that you may use the Site only for lawful purposes and in accordance with these Terms.

Any and all content, material, and information (“Content”) a user submits, uploads, posts, publishes, displays, or otherwise makes available to the Site, to other users or other persons, and any and all Interactive Functions, is governed by our User Generated Content Terms & Conditions.

Without limiting the foregoing, you agree as follows:

  • You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, hack, attempt to derive or gain access to the source code of, or create derivative works or improvements of, the Site, or any features or functionality thereof.
  • You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, publicly perform, transmit, stream, broadcast, or make available, the Site, or any features or functionality thereof, to any third party for any reason.
  • You will not remove, delete, alter, obscure, any copyright, trademark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Site.
  • You will not use the Site for purposes of competitive analysis, the development of a competing product, copying and/or exploiting ideas, features, or functions of the Site, or any other purpose that is to our disadvantage.
  • You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.
  • You will not introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • You will not attempt to gain unauthorized access to or impair any aspect of the Site, or its related systems or networks.
  • You will not impersonate, attempt to impersonate, or otherwise misrepresent your affiliation with Garden of the Gods, a Garden of the Gods 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).
  • You will not provide or contribute any false, inaccurate, or misleading information.
  • You will not transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  • You will not send, knowingly receive, upload, download, use, or reuse any material that does not comply with the User Generated Content Terms & Conditions [NTD: make underlined text a hyperlink], and you will not otherwise participate in any form of action or conduct, or submit any Content, that:
    • is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground;
    • interferes or violates any third party’s, or any other user of the Site’s, right to privacy, or other rights, including intellectual property rights;
    • causes annoyance, inconvenience, or needless anxiety to other users of the Site, or any third party;
    • is likely to upset, embarrass, or alarm any user of the Site or any third party; or
    • may otherwise have a disruptive, destructive, or negative impact on Garden of the Gods, other users of the Site, or any third party.
  • You will not engage in any conduct through the Site that involves stalking or attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise.
  • You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Garden of the Gods or users of the Site or expose them to liability.
  • You will not promote or engage in any illegal activity, or advocate, promote, or assist any unlawful act.
  • You will not, in any manner, violate any applicable federal, provincial, state, territorial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or submit Content that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

Site Monitoring and Enforcement, Suspension and Termination

Garden of the Gods has the right, without provision of notice to:

  • Remove or refuse to post on the Site any Content for any or no reason in our sole discretion.
    At all times, to take such actions with respect to any Content deemed necessary or appropriate in our sole discretion, including without limitation, for violating these Terms or the User Generated Content Terms & Conditions.
  • Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

You waive and hold harmless garden of the gods and its licensees and service providers from any and all claims resulting from any action taken by garden of the gods and any of the foregoing parties relating to any investigations by either garden of the gods or such parties or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Site or use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Disclaimer of Warranties

You understand and agree that your use of the site, its content, and any products or services attained through the site is at your own risk. The site, its content, and any products or services attained through the site are provided on an “as is” and “as available” basis. Garden of the gods disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, garden of the gods does not make any representation, warranty or guarantee with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the site. Without limiting the foregoing, garden of the gods does not represent or warrant that the site, its content, or any products or services attained through the site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components.

Limitation of Liability

To the maximum extent permitted by law, garden of the gods, its directors, officers, employees, shareholders, partners, licensors, suppliers, representatives, agents, or contractors shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, 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, or any other damages or losses of any kind, under any legal or equitable theory, including but not limited to breach of contract, tort (including negligence), or strict liability, arising out of or in connection with your use of or reliance on the site, or your inability to access or use the site or any third party sites.

Neither garden of the gods, nor its directors, officers, employees, shareholders, partners, licensors, suppliers, representatives, agents, or contractors shall be liable for any damages whatsoever that may arise as a result of any orders or requests, including for accommodations, made through the site which are not processed or accepted for any reason.

In the event garden of the gods is held liable for any damages related to the site, to the fullest extent permitted by law, your sole and exclusive remedy will be limited to reimbursement of the charges for services or products paid by you.

Indemnification & Release

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless garden of the gods, its directors, officers, employees, shareholders, partners, licensors, suppliers, representatives, agents, and contractors, and each of their respective successors and assigns (the “Indemnified Parties”), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to: (i) your use of the site or the content you submit through the site; (ii) your breach of these terms, the user generated content terms & conditions, or the privacy policy; or (iii) your violation of the rights of another person or entity.

By using the Site, you, and (if applicable) each of your respective officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors and assigns, hereby fully and forever release and discharge the Indemnified Parties from any and all claims, whether or not caused by or contributed to by the negligence of any of the Indemnified Parties, and whether now known or suspected, which existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the effective date of these Terms and/or any modifications of these Terms arising out of, concerning, pertaining or relating in any manner to your use of the site or the content you submit through the site; (a) your breach of these terms, the user generated content terms & conditions, or the privacy policy; or (b) your violation of the rights of another person or entity. Moreover, notwithstanding any applicable statute, law or rule that states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, you acknowledge and agree that this release shall constitute a full release in accordance with its terms, and you knowingly and voluntarily waive the provisions of any such applicable statute, law or rule.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of [Colorado] and the federal laws of the U.S. applicable therein, without giving effect to any choice or conflict of law provision, principle or rule, and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Site and under these Terms will be instituted in the courts of the State of [Colorado], and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms, together with the Privacy Policy and, if applicable, the User Generated Content Terms & Conditions, constitute the sole and entire agreement between you and Garden of the Gods with respect to their subject matter, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:

3320 Mesa Road
Colorado Springs, Colorado 80904
Phone: 719-632-5541
Toll-Free: 800-923-8838