Welcome to the Estes-Park.com website (this “Website”). This Website is provided solely to assist users in gathering information about deals, local events, and information on Estes Park and Rocky Mountain National Park and for no other purposes. The terms “we”, “us”, “our” and “eMarketing” refer to Wells Associates LLC dba eMarketing, a Colorado limited liability company. The term “you” refers to the customer visiting this Website.
Please read the Agreement carefully. You acknowledge that the Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.
ACCESS AND USE OF THIS WEBSITE
As a condition of your use of this Website, you warrant that you are 13 years of age or older in order to submit information to this Website. We do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
WE ARE NOT A PARTY TO ANY OF YOUR TRANSACTIONS
You are responsible for your use of this Website and any transaction you enter into as a result of a listing or advertisement on this Website. We do not own or manage or serve as an agent for any hotel, rental home, cabin, lodge, restaurant, or tour company advertising on this Website. We are not a party to any actual or potential transaction between you and any advertiser on this Website.
ACCESS AND INTERFERENCE
This Website contains robot exclusion headers. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Website or any portion of this Website or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Website without our prior written permission; (iii) interfere or attempt to interfere with the proper working of this Website or any activities conducted on this Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this Website. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from this Website for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on this Website, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from this Website.
YOUR EMAIL ADDRESS AND OTHER INFORMATION
When you provide us your email address and other information to us in connection with any service or tool provided on this Website, you agree to allow us, this Website, our affiliated websites and advertisers to add your email address to our database of users. You may receive one or more promotional emails and other promotional material and advertisements from us, this Website, our affiliated websites and advertisers. Your use of this Website and your submission of your email address and other information signify your consent to opt-in to receive such emails and other promotional material and advertisements.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTELS, RENTAL HOMES, CABINS, LODGES, RESTAURANTS, TOUR COMPANIES, ACTIVITIES AND ANY OTHER PRODUCTS, GOODS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LISTS OF AMENITIES, GENERAL DESCRIPTIONS OF TOURS, REVIEWS, AVAILABILITY, PRODUCTS, GOODS, SERVICES, LODGING ACCOMODATIONS, ETC.).
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY HOTELS, RENTAL HOMES, CABINS, LODGES, RESTAURANTS, TOUR COMPANIES, ACTIVITIES AND ANY OTHER PRODUCTS, GOODS AND SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH HOTELS, RENTAL HOMES, CABINS, LODGES, RESTAURANTS, TOUR COMPANIES, ACTIVITIES, GOODS, PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, SOFTWARE, GOODS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, GOODS, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, GOODS, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS LIABLE FOR ANY DAMAGES ARISING OUT OF ANY TRANSACTION OR POTENTIAL TRANSACTION BETWEEN YOU AND ANY ADVERTISER ON THIS WEBSITE OF HOTELS, RENTAL HOMES, CABINS, LODGES, RESTAURANTS, TOUR COMPANIES, ACTIVITIES, GOODS, PRODUCTS, OR SERVICES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of us and our officers, directors, members, employees and agents.
You agree to defend and indemnify eMarketing and its officers, directors, members, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of the Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
There may be links provided on this Website and other websites belonging to our advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by us of those websites, nor the goods, products or services listed on those websites. We are not responsible for the activities or policies of those websites. We do not endorse or recommend the goods, products of any particular advertiser, business partner, affiliate or other third party.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of eMarketing and/or others.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Address of designated agent to Which Notification Should be Sent:
453 East Wonderview Avenue, Unit 3 # 124
Estes Park, Colorado 80517
Email address of designated agent: webmaster at estes-park.com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit eMarketing to locate the material;
4. Information reasonably sufficient to permit eMarketing to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
1. We will remove or disable access to the material that is alleged to be infringing;
2. We will forward the Notification to the alleged infringer ("Subscriber"); and
3. We will take reasonable steps to promptly notify the Subscriber that eMarketing has removed or disabled access to the material.
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to eMarketing 's designated agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
1. eMarketing will promptly provide the Complaining Party with a copy of the Counter Notification;
2. eMarketing will inform the Complaining Party that eMarketing will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. eMarketing will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided eMarketing’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on eMarketing network or system.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2011 Wells Associates LLC dba eMarketing. All rights reserved. eMarketing is not responsible for content on websites operated by parties other than eMarketing. eMarketing and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of eMarketing and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of eMarketing or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of eMarketing and may not be copied, imitated or used, in whole or in part, without the prior written permission of eMarketing. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by eMarketing.
CHANGES TO THE AGREEMENT
We reserve the right to update, amend and/or change the Agreement at any time in our sole discretion and without notice. Updates to the Agreement will be posted here. Your use of this Website is subject only to our most current Agreement. You are encouraged to revisit the Agreement from time to time in order to review any changes that have been made. Our last update was 12/01, 2011. Your continued access and use of this Website following the posting of any such changes shall automatically be deemed your acceptance of the same.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Colorado, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against us arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Colorado. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and us as a result of this Agreement or use of this Website.
Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions, email us at : firstname.lastname@example.org
©2011 Wells Associates LLC. All rights reserved.