Website Terms of Use Agreement

Welcome to the Southwind Adventures World Wide Web site (the "Website"). Southwind Adventures, Inc. ("SWA") maintains this Website as a service to our customers and the general public. By accessing and using our website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully. If you do not agree to these terms and conditions, please do not use or access this Website.

Acceptance of Agreement: You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the Website. This Agreement constitutes the entire and only agreement between SWA and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. The Internet and this Website are constantly evolving. This Agreement may be amended at any time by SWA without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.

Copyright Ownership: All right, title and interest (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Website and all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed or made available through the website (collectively, "Content") is and shall remain the sole property of SWA and its licensors, as applicable. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by "License and Restrictions on Use", is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information on the Website does not constitute a waiver of any right in such information and materials.

Trademarks: "Southwind Adventures" and the SWA mountain logo are trademarks of Southwind Adventures, Inc. The other trademarks, service marks and logos displayed in the Website are registered and unregistered trademarks of SWA and others. Nothing contained on this SWA site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of the owner of the trademark.

License and Restrictions on Use: You are authorized to view and use Content retrieved from the website solely for your personal or internal business purposes. Except with prior written authorization from SWA, no Content available on the Website may be copied, reproduced, downloaded, uploaded, displayed, sold, posted, distributed, incorporated into another work, used to create a derivative work, or otherwise exploited in any way, except that printing a limited number of copies of such material is permitted for your personal use. In no event may you remove any copyright or other proprietary notices or legends appearing on Content made available at this site.

Editing, Deleting and Modification: SWA reserves the right at any time to change or discontinue any aspect of or feature of this Website, including but not limited to content, functionality, and means of access or use. Such changes, modifications, or additions shall be effective immediately upon notice to you, which may be given by means including but not limited to posting on this Terms and Conditions of Use page or elsewhere on the Website, electronic mail, or any means by which you obtain actual knowledge.

User Submissions and Responsibility: Certain portions of the Website allow you to transmit information, messages or other Content ("User Submissions") to SWA. You hereby grant SWA an irrevocable, perpetual, royalty-free, worldwide non-exclusive license to use, reproduce, distribute and crate derivative works from any User Submissions which you submit to SWA via the Website or via any other means (including e-mail). You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all User Submissions you transmit to SWA. You agree to indemnify and hold SWA, and its respective affiliates, directors, officers, agents, subcontractors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your User Submissions submitted or transmitted through the Website or other means, (ii) any violation of this Agreement by you, or (iii) any violation of any rights of a third party caused by an you.

Privacy Policy: Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You may review our Privacy Policy at www.southwindadventures.com/privacy.htm.

Links to Other Websites: This Website contains links to web sites of other third parties. We are not responsible for the privacy practices, content, accuracy or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any links on our Website or communications does not indicate any approval, endorsement or authentication of any material appearing on such linked sites. The existence of such links does not indicate any association between SWA and the owners or operators except as specifically set forth on this Website or in other SWA materials. If you decide to leave our Website and access these third party sites, you do so at your own risk.

Links to Southwind Adventure's Website: You may establish a link to this SWA Website, provided (a) you only link to the home page located at www.southwindadventures.com, (b) the link does not state or imply any endorsement or sponsorship of you, your company, or your site by SWA, (c) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this site, and (d) you promptly discontinue providing links to this Website at the request of SWA.

Information and Press Releases: The Website may contain information and press releases about SWA. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Disclaimers: You acknowledge that SWA does not own, operate or manage the Internet; the Internet is a separate network of computers, independent of and not subject to the control of SWA; communications on the Internet may not be secure and may be subject to interception or loss. Although SWA generally attempts to maintain the accuracy of Content available on the Website, you agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Accordingly, under no circumstances will SWA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Website. SWA does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. IN NO EVENT SHALL SWA OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE, OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO SWA (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF SWA), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF SWA.

Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.

Miscellaneous: You agree that if any provision of this Agreement is found invalid or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to this Agreement or the Website shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts located in Colorado. Use of this Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of this Agreement, including without limitation this paragraph. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.