Terms of Use and Privacy Policy
These Terms of Use and the Privacy Policy were updated as of
Terms of Use
These Terms of Use (the “Terms”) apply to all online visitors to www.kmacguides.com. By using this site, www.kmacguides.com (the “Site”), you (“you”) agree to the terms and conditions in these Terms of Use between you and Kent Mountain Adventure Center (hereinafter, “kmacguides.com”). If you do not agree to these outlined terms and conditions (the “Terms of Use”), your only recourse is to discontinue use of the Site. kmacguides.com reserves the right to make any changes to these Terms of Use and/or our Privacy Policy (which is incorporated herein by reference and follows these Terms of Use) without prior notification to you. You should re-read these Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and/or Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. If you have any questions about these terms, contact us at info@kmacguides.com.
Use, Restrictions, and Term
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that kmacguides.com, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. kmacguides.com may terminate your use of the Site, delete any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Use.
Ownership of the Site, Content, and Trademarks
The Site is owned and controlled by kmacguides.com and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, photographs, and video clips and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by kmacguides.com. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from kmacguides.com unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, distribute, display, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of kmacguides.com and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.
Third Party Links/Sales
In describing and portraying third party vendor products, rooms, menus, activities, we attempt to be as accurate as possible. However, we do not warrant that the descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, and availability from time to time without prior notice. The Site contains links to websites and other resources operated by third parties other than kmacguides.com. Such links are provided solely as a convenience to you. kmacguides.com does not control such websites, and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties, including their privacy policies regarding use of your information. Please verify all information through the third party vendor prior to making any purchases, including reserving any accommodations.
User Communications
By submitting any material to this Site (“User Communications”), including, but not limited to, information, suggestions, photos, questions, comments or other communication, you warrant that such content is original to you and that you own all applicable legal rights in such content. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted kmacguides.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material for any commercial or non-commercial purpose. You agree that kmacguides.com shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any User Communications that you make. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to kmacguides.com to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves.
Modifications
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, kmacguides.com reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
Warranties and Disclaimer
THE SITE, USER COMMUNICATIONS, AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, kmacguides.COM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, USER COMMUNICATIONS, THE CONTENT AND ANY LISTINGS OF PRODUCTS OR SERVICES LISTED BY THIRD PARTIES. IN ADDITION, kmacguides.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE, USER COMMUNICATIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS, INCLUDING ROOM RESERVERATIONS, ARE AVAILABLE.
Limitation of Liability
kmacguides.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Copyright, Trademark, and Intellectual Property Complaints
kmacguides.com respects the intellectual property rights of others. You may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When kmacguides.com receives notification that material on our Site violates someone’s intellectual property rights, kmacguides.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers. If you believe that any material on the Site infringes upon any copyright that you own or control, please see contact us at dustin@kmaconline.com for more information on how to report infringement of your copyright.
Miscellaneous
No action taken pursuant to these Terms of Use, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any subsequent breach. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and kmacguides.com. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Larimer, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
Privacy Policy
kmacguides.com has established this privacy policy to explain to you how your information is protected, collected, and used. kmacguides.com may update this policy at any time. kmacguides.com will provide notice of materially significant changes to this privacy policy by posting notice on the kmacguides.com site.
Colorado Open Records Act
If you submit comments, questions, or other information to Kent Mountain Adventure Center using e-mail or any of the “comments” forms on this web site you should be aware that the information provided is public information and will be disclosed to any individual upon request pursuant to the Colorado Open Records Act. You should be aware that no information specific to you is collected on the kmacguides.com site except as provided herein.
Use of Site by Minors
kmacguides.com does not knowingly collect any information from persons under the age of 18 years of age or who cannot legally enter a binding agreement.
Protecting Your Privacy
kmacguides.com is regulated under the Colorado Open Records Act. Therefore, kmacguides.com may be required to release any and all information you submit to the kmacguides.com. However, kmacguides.com will not share your personal information with any third parties except as required under the Colorado Open Records Act without your consent unless otherwise stated in this Privacy Policy.
kmacguides.com, or people who post on kmacguides.com, may provide links to third party websites, which may have different privacy practices. kmacguides.com is not responsible for, and does not have any control over, the privacy policies of those third party websites, and encourages all users to read the privacy policies of each and every website visited.
Data kmacguides.com Collects
kmacguides.com may collect your name, email address, physical address, phone number, and information about your event requests if you are requesting event information.
kmacguides.com sometimes collects your email address, for purposes such as sending email newsletters and information about Estes Park. By submitting your email to kmacguides.com, you consent to emails from kmacguides.com.
kmacguides.com sometimes collects your phone number for the purpose of calling you about Kent Mountain Adventure Center events. By submitting your phone number to kmacguides.com, you consent to phone calls from kmacguides.com, even if such number is registered through a state or federal “Do Not Call” list.
kmacguides.com may collect personal information if you provide such information in feedback or comments on the kmacguides.com or if you contact kmacguides.com directly. Any information posted on the site is not confidential. Please do not post anything on kmacguides.com that you would like to keep private.
kmacguides.com’s web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help kmacguides.com diagnose problems with our server, to administer the kmacguides.com site, and to otherwise provide kmacguides.com’s products and service to you. In addition, kmacguides.com may collect other information from your interaction with our Site, services, content, and advertising, including computer and connection information, statistics on page views, traffic to and from the Site, ad data, IP address, demographic and navigational data, and standard web log information. This information may be obtained for kmacguides.com from a third party provider. kmacguides.com may use this information for marketing, commercial, or any other purpose as kmacguides.com sees fit.
Data kmacguides.com Stores
All information posted to this site is stored in kmacguides.com’s database, even after “deletion”, and may be archived elsewhere.
kmacguides.com’s web logs and other records are stored indefinitely. This may include any information you supply to kmacguides.com and your browsing history. However, kmacguides.com cannot guarantee access to these records by third parties for more than seven business days after the original information was submitted unless required under the Colorado Open Records Act.
kmacguides.com may store information in an off-site location, which may or may not be located in the United States and may not be bound by the laws of the United States.
Archiving and Display of kmacguides.com Webpages by Search Engines and Other Sites
Search engines and other sites not affiliated with kmacguides.com – including Bing.com, Google.com, and Yahoo.com – archive or otherwise make available kmacguides.com’s webpages. kmacguides.com has no control over third party archiving and search engine sites and cannot guarantee the accuracy of any information stored by search engine sites.
Circumstances in Which kmacguides.com May Release Information
kmacguides.com may disclose information about you if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
kmacguides.com may disclose information about you to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of kmacguides.com, its users, or the general public.
kmacguides.com may disclose your information to other business entities, should kmacguides.com plan to merge with or be acquired by that business entity.
International Users
kmacguides.com welcomes international users to browse the site. International Website Users consent to all the terms of service and this privacy agreement. International users waive any and all remedies that they may have based on the laws of their country.