By using the CRYSTAL MOUNTAIN WEST VIRGINIA site (the “Site”) you are agreeing to be bound by the following Terms and conditions:
Terms and Conditions
1. The trademarks Endeavour LLC, CRYSTAL MOUNTAIN WEST VIRGINIA, Wild Escape, Aspen Heights Resort and Shopping, Champions Bay, The Piers, as well as certain logos and other marks (the “Marks”) used in the Site are owned by Endeavour LLC, and used under license by its affiliated companies. You may not use the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms and Conditions. Any other use is strictly prohibited and Endeavour LLC will take all necessary action to enforce its rights.
2. You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms and Conditions. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, servicemark, trademark or other proprietary notice. If you modify or use the materials for any other purpose you will be violating the intellectual property rights of Endeavour LLC, which it vigorously protects.
3. The Site provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics or other material, to Endeavour LLC through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit or post becomes the property of Endeavour LLC, or its affiliates (hereinafter “Endeavour LLC”) and Endeavour LLC is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
4. Endeavour LLC has used reasonable efforts to include accurate and up-to-date information on the Site, however it makes no warranties or representation as to the accuracy of its contents. Endeavour LLC assumes no liability or responsibility for any errors or omissions in the contents of the Site.
5. Endeavour LLC and Wild Escape are not liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Further, Endeavour LLC assumes no responsibility for and shall not be liable for any damages to, or viruses that may infect your computer equipment on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. Your use of this Site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you. Under no circumstance shall Wild Escape, its parent, subsidiaries or affiliates and each of the foregoing directors, officers, employees, agents, contractors, counsel, successors and assigns be liable for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from the use of or inability to use this Site or any portion thereof including, without being limited thereto, any offering that may be made therein. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Endeavour LLC had been advised of the possibility of such liability. The total liability of Endeavour LLC to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access the Site. You may bring no claim against Endeavour LLC more than one (1) year after the action arose. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of Endeavour LLC in such jurisdiction shall be limited to the extent permit by the law thereunder.
6. Endeavour LLC makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, Endeavour LLC does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Endeavour LLC Site without first obtaining its written permission.
7. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. Endeavour LLC will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
8. This Site is controlled by Endeavour LLC from its offices within the United States of America. Endeavour LLC makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of West Virginia without regard to its conflict of law principles.
9. Any failure by Endeavour LLC to enforce any of its rights under these Terms and Conditions or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms and Conditions shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms and conditions contain the entire agreement between you and Endeavour LLC relating to your use of the Site.
10. Endeavour LLC may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.