RiversToPeaks.com Website User Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING (www.riverstopeaks.com) WEBSITE, HEREFORTH REFERRED TO AS “THE SITE”.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY
CEASE SUCH USE. RIVERS TO PEAKS REAL ESTATE MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are RIVERS TO PEAKS, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the
materials. You agree to grant to Rivers To Peaks Real Estate a non-exclusive,
royalty-free, worldwide, sub licensable, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to Rivers To Peaks Real Estate by all means and in any media now known
or hereafter developed. You also grant to Rivers To Peaks Real Estate
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have
no recourse against Rivers To Peaks Real Estate for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to Rivers To Peaks Real Estate.
2. Trademarks.
Rivers To Peaks, Rivers To Peaks Real Estate, We Are Big Sky and/or any
other names belonging to Rivers To Peaks Real Estate, or its Web sites,
seminars, conferences, events, trade shows, publications, products, content
or services referenced herein or on the Site are the exclusive trademarks
or service marks of Rivers To Peaks Real Estate, including the "look"
and "feel" of the Site, color combinations, layout, and all
other graphical elements. Any use of Rivers To Peaks Real Estate trademarks
is strictly prohibited without the express permission from Rivers To Peaks
Real Estate. Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Rivers To Peaks Real Estate, Rivers To
Peaks Real Estate does not operate, control or endorse any information,
products or services on the Internet in any way. Except for Rivers To
Peaks Real Estate identified information, products or services, all information,
products and services offered through the Site or on the Internet generally
are offered by third parties that are not affiliated with Rivers To Peaks
Real Estate. You also understand that Rivers To Peaks Real Estate cannot
and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
Rivers To Peaks Real Estate offers a search feature within the Site. Rivers
To Peaks Real Estate explicitly disclaims any responsibility for the content
or availability of information contained in our search index or directory.
Rivers To Peaks Real Estate also disclaims any responsibility for the
completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an Rivers To Peaks Real Estate official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Rivers To Peaks Real Estate product or service if you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Rivers To Peaks Real Estate PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Rivers To Peaks Real Estate SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. Rivers To Peaks Real Estate HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Rivers To Peaks Real Estate BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Rivers To Peaks Real Estate OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Rivers To Peaks Real Estate LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless Rivers To Peaks Real
Estate, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Site from and against
all losses, expenses, damages and costs, including attorneys' fees, resulting
from any violation of this Agreement (including negligent or wrongful
conduct) by you or your use and access of the Site.
Rivers To Peaks Real Estate reserves the right to release current or past
member or Web site user information if Rivers To Peaks Real Estate believes
that a member’s account is being used to commit unlawful acts, if
the information is subpoenaed and/or if Rivers To Peaks Real Estate deems
it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of Rivers To Peaks Real Estate and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Site. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against you
on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party
Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International
Use.
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you
and such third party. You agree that Rivers To Peaks Real Estate shall
not be responsible or liable for any loss, damage or other matters of
any sort incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-Rivers
To Peaks Real Estate Internet World Wide Web sites or resources. Because
Rivers To Peaks Real Estate has no control over such sites and resources,
you acknowledge and agree that Rivers To Peaks Real Estate is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Rivers To Peaks Real Estate shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such site or resource.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of the State of Montana, United States applicable to agreements
made and to be performed in the State of Montana, United States. You agree
that any legal action or proceeding between Rivers To Peaks Real Estate
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in the County of Gallatin, State of Montana,
United States.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Rivers To Peaks Real Estate’s
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Rivers To
Peaks Real Estate may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of Rivers To Peaks Real Estate. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.