Terms of Service
SeniorsSkiing.com, a service of SeniorSkiing LLC
This policy was last updated on October 23, 2014.
1. Introduction. This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of SeniorsSkiing.com Web Site and the information made available on and through the Web Site. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding Agreement between you and SeniorsSkiing, LLC.
2. Acceptance of Terms and Conditions of Use. Your use of the Web Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Web Site. From time to time these Terms and Conditions may be revised by updating this document and posting it on the Web Site. It is your obligation to review these Terms and Conditions from time to time. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Web Site.
3. Definitions. For the purposes of this Agreement, the following definitions apply: “Content” includes all Text, Graphics, Design and Programming used on the Web Site.
”Text” includes all text on every page of the Web Site, whether editorial, informational, navigational, or instructional.
”Graphics” includes all logos, buttons, and other graphical elements on the Web Site, with the exception of paid advertising banners.
”Design” includes the color combinations and the page layout of the Web Site.
”Document” refers to any posting to the Web Site.
”User” refers to any individual, organization, or governmental entity who uses any aspect of the Web Site or its services.
”You” refers to the person accessing the Web Site and agreeing to these Terms and Conditions.
4. Intellectual Property Rights. All Content on the Site is the property of SeniorsSkiing, LLC or the property of third parties as indicated, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Web Site, as well as any Graphics.
The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright law and all product names, names of services, copyrights and service marks (“Marks”) are the property of SeniorsSkiing, LLC, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
5. Acceptable Use of the Web Site. The information displayed on the Web Site may not be used for any purpose except in connection with your direct personal use of the Web Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Web Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Web Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Web Site is also subject to the following restrictions:
a) You may not send unsolicited commercial email to the email addresses provided on the Web Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from SeniorsSkiing, LLC,. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
b) You may not copy, duplicate, download or otherwise use any material on the Web Site except for the purposes permitted by these Terms and Conditions.
c) Any information sent to SeniorsSkiing, LLC, via email is not secure and is sent on a non-confidential basis.
6. Monitoring of Content. SeniorsSkiing, LLC, does not assume any obligation for the accuracy, completeness, or truthfulness of any of the Content of the Web Site. The Content is presented as general information and may not be updated for the latest developments in the law that affects your specific circumstances.
7. Prohibited Uses:
a) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
b) Attempting to interfere with the proper functioning of the Web Site or SeniorsSkiing, LLC, including, without limitation, via means of submitting a virus to the Web Site or SeniorsSkiing, LLC,, overloading, “flooding”, “mailbombing” or “crashing”;
c) Forging any TCP/IP packet header or any part of the header information in any e-mail.
8. Disclaimer of Warranties and Limitations of Liability. Your agreement to the following disclaimers and limitations is a material inducement to SeniorsSkiing, LLC, to permit you to access the Web Site. Your use of the Web Site, and the obligations and liabilities of SeniorsSkiing, LLC, in respect of your use of the Web Site, is expressly limited as follows:
a) Third Party Information. The Web Site may from time to time display the content, services, map services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Web Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by SeniorsSkiing, LLC, on behalf of or any third party. In addition, SeniorsSkiing, LLC, does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. SeniorsSkiing, LLC, shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Web sites accessed from the Web Site or Web sites that have links to the Web Site. Access to third party Web sites from the Web Site is done at your own risk.
Although SeniorsSkiing, LLC, has attempted to provide accurate information on this Site, SeniorsSkiing, LLC, assumes no responsibility for the accuracy of the information or Services; nor does SeniorsSkiing, LLC, warrant that the information or Services are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Your use of this Site is at your sole risk. Mention of non-SeniorsSkiing, LLC, products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
b) DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. SENIORSSKIING, LLC, DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
c) LIMITATION OF LIABILITY. SENIORSSKIING, LLC, FURNISHES AND YOU ACCEPT THE SERVICES AND THIS SITE ON AN “AS-IS, AS AVAILABLE” BASIS WITH NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXPLICITLY DISCLAIMING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT, REGARDING THE SERVICE TO YOU, OR ANY THIRD PARTY. TO THE EXTENT SENIORSSKIING, LLC, PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, SENIORSSKIING, LLC, ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.
IN NO EVENT SHALL SENIORSSKIING, LLC, OR ANY THIRD PARTY CONTRIBUTING, INCLUDING MAP DATA AND READER-SUBMITTED PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RISK OF USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE RISK OF ACCIDENTS BY USING THE SERVICES WHILE OPERATING A MOVING VEHICLE.
THE SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT SENIORSSKIING, LLC, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LACK OF PRIVACY OR SECURITY. d) Indemnification. You agree to indemnify and hold harmless SeniorsSkiing, LLC, from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions. e) Network Coverage, GPS Satellites, Interruption of Service. You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage. You further acknowledge that SeniorsSkiing, LLC, is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.
SeniorsSkiing, LLC, shall not be held liable by you or any third party for any loss or damage arising from Services, or its interruption, transmission errors, defects or any other cause, including, but not limited to, interruption caused by the underlying carrier. SeniorsSkiing, LLC, does not assume and shall not have any liability for events beyond SeniorsSkiing, LLC,’s control or the control of SeniorsSkiing, LLC,’s subcontractors, licensors or business partners, including, but not limited to, acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.
8. User generated content. On SeniorsSkiing.com you’ll also have the ability to comment on just about every article and video on our site, and post comments in our forums. By submitting a Gear Review or Trip report, you knowingly surrender all rights to that content in all media worldwide to SeniorsSkiing, LLC,. SeniorsSkiing, LLC, owns the right to re-distribute and syndicate all user-submitted content, including but not limited to trail notes, point of interest details, photos, sound bytes, video clips, and gear review text. For our complete Rules of Conduct, see below. Forums: Please remember that SeniorSkiing.com is not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of this bulletin board. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.
You agree, through your use of this service, that you will not use this BB to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by this bulletin board.