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By accessing any web page contained within the Okemo Mountain
Resort Web site, http://www.okemo.com (the "Site"), you agree to be
legally bound and to abide by the terms set forth below:
PROPRIETARY RIGHTS
All information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material
(collectively "Content") included on this Site (including, without
limitation, text, graphics, logos, button icons, images, audio
clips and software) is the property of Okemo Limited Liability
Company ("SITE OWNER") or its licensors and is protected by U.S.
and international copyright laws. The compilation (meaning the
collection, arrangement and assembly) of all Content on this Site
is the exclusive property of SITE OWNER and protected by U.S. and
international copyright laws.
SUBJECT TO THESE TERMS AND CONDITIONS, SITE OWNER GRANTS YOU A
LIMITED, NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO VIEW THE CONTENT ON
THIS SITE. ANY OTHER USE, INCLUDING THE REPRODUCTION, COPYING,
MODIFICATION, DISTRIBUTION, TRANSMISSION, REPUBLICATION, DISPLAY OR
PERFORMANCE, OF THE CONTENT ON THIS SITE IS STRICTLY
PROHIBITED.
The mark "Okemo Mountain Resort" and other graphics, logos and
service names are trademarks or service marks of SITE OWNER. You
are not granted any right to use SITE OWNER’S trademarks, service
marks, logos, trade dress (including without limitation the layout
of this site) or other marks and all such items shall remain the
property of SITE OWNER. All other trademarks, service marks,
product names, and company names and logos appearing on the Site
are the property of their respective owners.
DISCLAIMERS AND LIMITATION OF LIABILITY
SITE OWNER makes every effort to insure the presentation of
accurate and current information on this Site, but because of the
dynamic nature of the Internet, SITE OWNER makes no warranties or
guarantees of the accuracy of the information presented on this
Site. In addition, no oral advice or written information given by
SITE OWNER or its affiliates, or any of its officers, directors,
employees, agents, providers, merchants, sponsors, licensors, or
the like, shall create a warranty; nor shall you rely on any such
information or advice. You agree that use of this Site is at your
sole risk. Neither SITE OWNER, nor its affiliates, nor any of its
officers, directors, or employees, agents, third-party content
providers, merchants, sponsors, licensors or the like, warrant that
the Content or this Site will be uninterrupted or error-free; nor
do they make any warranty as to the results that may be obtained
from the use of this Site, or as to the accuracy, reliability, or
currency of any information content, service, merchandise or
software provided through this Site.
THIS SITE IS PROVIDED BY SITE OWNER ON AN "AS IS" BASIS. SITE OWNER
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, SITE OWNER DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TRADE USAGE AND NONINFRINGEMENT.
SITE OWNER AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF
USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING
FROM THE USE OF OR THE INABILITY TO USE THIS SITE OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO SITE OWNER’S RECORDS,
PROGRAMS, OR SERVICES, EVEN IF SITE OWNER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU AGREE THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, SOFTWARE AND SERVICES
AVAILABLE THROUGH THE SITE.
This Site has links to other web sites which are not under the
control of SITE OWNER and SITE OWNER neither endorses nor is it
responsible for the accuracy or reliability of the Contents of any
linked site or any link contained in a linked site, or any changes
or updates to such sites. Furthermore, the mere presence of a link
is not an implication of sponsorship, endorsement or affiliation.
Under no circumstances shall SITE OWNER, or its affiliates, or any
of its licensors, officers, directors, employees, or agents be
liable for any loss or damage caused by a person's reliance on
information obtained through SITE OWNER or the Site. It is up to
you to take precautions to ensure that whatever you select for your
use is free of such items as viruses, worms, trojan horses and
other items of a destructive nature.
EXPORT CONTROLS
The U.S. export control laws regulate the export and reexport of
technology originating in the United States. This includes the
electronic transmission of information and software to foreign
countries and to certain foreign nationals. You agree to abide by
these laws and their regulations, including, without limitation,
the Export Administration Act and the Arms Export Control Act and
not to transfer, by electronic transmission or otherwise, any
Content derived from the Site to either a foreign national or a
foreign destination in violation of such laws.
SITE OWNER'S RIGHTS
SITE OWNER may elect to monitor areas of the Site electronically
and may disclose any Content, records, or electronic communication
of any kind (1) to satisfy any law, regulation, or government
request, (2) if such disclosure is necessary or appropriate to
operate SITE OWNER or (3) to protect the rights or property of SITE
OWNER, its customers, sponsors, providers, or licensors.
SITE OWNER reserves the right to prohibit conduct, communication,
or Content that it deems in its sole discretion to be harmful,
whether to an individual, business entity, SITE OWNER, or any
rights of SITE OWNER or any third party, or to violate any
applicable law or these Terms and Conditions. Any conduct by you
that, in SITE OWNER’S sole discretion, restricts or inhibits any
other person from using or enjoying the Site will not be permitted.
You agree to use the Site only for lawful purposes.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS SITE AND THESE TERMS
AND CONDITIONS AT ANY TIME AND WITHOUT NOTICE TO YOU.
If SITE OWNER removes any Content from this Site all licenses
granted with respect to the removed Content are immediately
terminated.
SITE OWNER reserves the right to cooperate fully with government
officials in any investigation relating to any Content (including
personal or private electronic communication transmitted on
SITE OWNER) or purported unlawful activities of any user.
MISCELLANEOUS
If any provision of this Agreement is held by a court of competent
jurisdiction to be unenforceable for any reason, the remaining
provisions hereof shall be unaffected and remain in full force and
effect. This Agreement shall for all purposes be governed by and
interpreted in accordance with the laws of the State of - Vermont
without regard to its conflict of laws principles. Any suit or
proceeding arising out of or relating to this Agreement shall be
commenced exclusively in state or federal court in Vermont, and you
irrevocably submit to the exclusive jurisdiction and venue of such
courts.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and
SITE OWNER regarding your relationship with SITE OWNER and
supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS BY USING THE
SITE.
COPYRIGHT NOTICE
Copyright © 2003
Okemo Limited Liability Company and/or its suppliers, 77 Okemo
Ridge Road, Ludlow, VT 05149. All rights reserved.
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