Terms and Conditions of Use
1. Restrictions on Use
This site is owned and operated by Win-Sum Ski Corp. ("HOLIDAY VALLEY", "we", "us", or "our"). No material from holidayvalley.com or any web site owned, operated, licensed, or controlled by HOLIDAY VALLEY may be copied, reproduced, republished, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial use only. 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 HOLIDAY VALLEY's intellectual property rights. For purposes of these terms, the use of any such material on any other web site or electronic network medium is prohibited. All trademarks, service marks, and trade names are property of HOLIDAY VALLEY.
In the event you download anything from the site, the software, including any files, images, or data accompanying the software (collectively, the "software") are licensed to you by HOLIDAY VALLEY for the limited use described in the preceding paragraph. HOLIDAY VALLEY transfers no right, title or interest to the software to you. HOLIDAY VALLEY retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. If you are interested in gaining permission for online use of photos, or permission to use our logos and/or trail map online, please contact us –firstname.lastname@example.org outlining the specifics of your request.
2. Intellectual Property
You expressly recognize and agree that HOLIDAY VALLEY's trademarks are the sole property of HOLIDAY VALLEY or its subsidiaries and affiliates. You do not have any right, title or interest in such or any use thereof, including but not limited to the reproduction of any such trademarks. You agree that all the trademarks have great value and good will and, in the event of a breach of this section, injury to HOLIDAY VALLEY would be irreparable and, therefore, injunctive relief to protect HOLIDAY VALLEY's interests would be appropriate (without limitation as to other damages which might be allowed by law).
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law (whether of the State of New York or any other jurisdiction). You hereby irrevocably and unconditionally consent to submit, for any action, proceeding or investigation in any court, arbitration or before any government authority (“Litigation”) arising out of or relating to the use of the Site, to the exclusive jurisdiction of state and federal courts located in Cattaraugus County, New York (and agree not to commence any Litigation relating thereto except in such venues).
You agree to defend, indemnify and hold harmless HOLIDAY VALLEY and its respective officers, directors, employees and agents, from and against any and all Damages, claims, demands, actions, judgments, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
a. Your use of and access to this Site;
b. Your violation of these Terms and Conditions or any other HOLIDAY VALLEY policy;
c. Your violation of any third party right including, without limitation, any copyright, property, or privacy right;
d. Any claim that submission or use of any Content or information on this Site by you caused damage to a third party; and
e. Your violation of any State, Federal, Foreign, or International laws.
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 HOLIDAY VALLEY site and all copies and installations thereof. The terms and conditions may terminate immediately without notice from HOLIDAY VALLEY if in HOLIDAY VALLEY'S sole discretion you fail to comply in any way therewith. Should you choose to terminate, you must destroy all software and other intellectual property obtained from any HOLIDAY VALLEY site and any copies thereof.
HOLIDAY VALLEY will not be responsible for any loss or damage arising from your failure to comply with the provisions of these terms and conditions of use. This site is provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible by law, HOLIDAY VALLEY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You are provided no warranty arising from course of dealing or usage of trade. HOLIDAY VALLEY does not warrant the site or its operation to be error-free or uninterrupted, that defects will be corrected, that the site is free from viruses and the like, or use of the site in terms of accuracy, reliability, or otherwise. You assume the entire cost of all necessary repairs to any equipment used by you in accessing or interacting with this site. Furthermore, HOLIDAY VALLEY expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from holidayvalley.com that are not produced by HOLIDAY VALLEY. In no way does HOLIDAY VALLEY warrant the security of transmission of information you may be requested to provide such sites, and you hereby irrevocably waive any claim against us with respect to such sites.
7. Limitation of Liability
You agree that HOLIDAY VALLEY shall not be liable or obligated, under any legal theory, for any direct, indirect, incidental, special, punitive, consequential or other damages (“damages”) of any type caused to you, by any use made of the content of the site by you, any errors or omissions in the content, any unauthorized access to or use of HOLIDAY VALLEY’S secure servers and/or any and all PII and/or other financial information stored in the secure servers, or for any damages caused by using the site, including, but not limited to, damages sustained as a result of electronic malfunctions or difficulties, failed or incomplete transactions, viruses, Trojan horses or the like. This limitation of liability shall apply to the fullest extent permissible by law.
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.
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.
11. Attorneys' fees.
If any party to this agreement 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.
Any and all warranties, provisions, rights and obligations of the parties described and agreed to be performed subsequent to the termination of this agreement shall survive the termination of this agreement.
Failure to insist upon strict compliance with any of the terms, covenants and conditions of this agreement shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of HOLIDAY VALLEY.
14. Entire Agreement
These Terms and Conditions and any other HOLIDAY VALLEY policy referenced herein shall constitute the entire agreement between you and HOLIDAY VALLEY with respect to your use of the Site.