Restrictions on Use
This site is owned and operated by the Bachelor Gulch Village Association. No material from bachelorgulchvillage.com or any web site owned, operated, licensed, or controlled by BGVA may be copied, reproduced, republished, posted, transmitted, or distributed in any way, unless authorized by the Bachelor Gulch Village Association. By doing so, you agree to keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Bachelor Gulch Village Association. For purposes of these terms, the use of any such material on any other web site or electronic network medium is prohibited.
THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THESE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. THE BACHELOR GULCH VILLAGE ASSOCIATION DOES NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE BACHELOR GULCH VILLAGE ASSOCIATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THRU ACCESS ANY CONTENT OR FEATURES, EVEN IF VRDC AND THE BACHELOR GULCH VILLAGE ASSOCIATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a condition of use of these sites, you, the end user, agree to indemnify the Bachelor Gulch Village Association, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of these sites, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the Bachelor Gulch Village Association. This agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue for any legal proceedings related to this agreement shall be in the District Court for Eagle County, Colorado or in the United States Federal Court for the State of Colorado. You hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
The terms and conditions are effective until terminated by either party. You may terminate this agreement at any time by destroying all software or other intellectual property obtained from any Bachelor Gulch Village Association and all copies and installations thereof.
Severability. If any clause or provision of this agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. Amendment. No amendment, alteration, modification of or addition to this agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby.
The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this agreement. Attorneys' fees. If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
Survival. Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this agreement shall survive the termination of this agreement. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times.