PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THIS WEBSITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
The Peaks Resort and Spa (“The Peaks”), located at 136 Country Club Drive, Mountain Village, Colorado 81435 provides this Website available to visitors located throughout the world. This website is controlled and operated from the United States and is subject to United States law. The term “The Peaks” includes The Peaks Owners Association, Inc., a Colorado nonprofit corporation, as well as its directors, officers, employees, affiliates, contractors, retained managers and any other providers of products or services related to this Website
The content and information displayed on this Website are the property of The Peaks and are collectively referred to as “Peaks Information.” The downloading, reproduction, or re-transmission of Peaks Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by The Peaks or by travel agents for business-only purposes in accordance with the Travel Agent section below.
The services of the Website are available only to individuals who can form legally binding contracts under applicable law, and thus are not available to minors. You may only use this Website if you are at least eighteen (18) years of age and can form legally binding contracts under applicable law. By using this Website, you represent that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of its use. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
This Website is to be used by you for your personal use only. You agree that you will not use this Website for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link to this Website from any website controlled by you or otherwise without the express written permission of The Peaks. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of The Peaks or any third party that provides services related to this Website.
The Peaks reserves the right, at its discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. The Peaks will display the effective date of these Terms and Conditions at the top of this page.
By submitting any ideas, comments, suggestions or other information to The Peaks related to improvements to this Website or related services (collectively “Feedback”), you agree that such Feedback shall be deemed, and shall remain, property of The Peaks. None of the Feedback shall be subject to any obligation of confidentiality on behalf of The Peaks, and The Peaks shall not be liable for any use or disclosure of any Feedback. The Peaks shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Unless expressly stated otherwise, the content included on this Website, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of The Peaks or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of this Website, other than a right to review the content using a conventional Internet browser, app, or other platform or device to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on this Website, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without The Peaks’ prior, express written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of this Website (or any part of its content) is strictly prohibited.
This Website contains trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of The Peaks. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of The Peaks is granted to or conferred upon you.
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on its infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy this Website or the Peaks Information contained therein, without the prior express consent from an authorized representative of The Peaks. Such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website. Furthermore, you agree that you will not use this Website for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of this Website in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
You agree that The Peaks has no obligation to but may monitor and review information you transmit over this Website. You agree that The Peaks may censor, edit, remove or prohibit the transmission or receipt of any information that The Peaks deems inappropriate or in violation of these Terms and Conditions and use any such information as necessary to protect the rights or properties of The Peaks. You agree that The Peaks may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use this Website in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. The Peaks reserves the right in its sole discretion to revoke or deny your access to this Website, including, without limitation, if you violate any of the provisions of these Terms and Conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
Your submission of information on this Website is subject to The Peaks’ Privacy Policy posted on this Website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE PEAKS INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PEAKS MAKES NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT THIS WEBSITE AND/OR THE PEAKS INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. THE PEAKS IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING THIS WEBSITE AND/OR THE PEAKS INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
This Website may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions (“Access Codes”). You are entirely responsible for maintaining the confidentiality of your Access Codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms and Conditions.
You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. You may not make reservations for any other purpose, including without limitation for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms, or in an attempt to circumvent practices or policies of The Peaks. You may not use this Website to make reservations related to any commercial activity (unless specifically permitted by The Peaks) or any unlawful activity. Reservations made, sold or transferred in violation of these Terms and Conditions may be cancelled without advance notice in The Peaks’ sole discretion.
Certain rates are offered only to members of a qualified groups. Additionally, at certain times or on certain dates, reservations may require a minimum length of stay, and that may affect whether The Peaks appears to have availability. The Peaks is only obligated to honor such rates for qualifying individuals or stays. It is up to you to verify that you qualify for the rate that you have booked. You may be required to establish that you qualify either at the time of reservation or check-in. If you cannot establish that you qualify, The Peaks reserves the right in its sole discretion to cancel your reservation and/or charge the publicly available rate for your stay.
All reservations are subject to The Peaks’ cancellation policy. Please review the applicable cancellation policy during the reservation process.
All reservations must be guaranteed with a valid major credit card, or an alternative approved form of payment, such as an advance deposit.
The storage of credit card information on this Website (if available) is entirely optional. Saving credit card information may help expedite your reservation process in the future and/or allow you to use certain parts of or features of this Website. You will be solely responsible for updating any credit card information that you provide. You acknowledge that The Peaks may communicate this information for the purpose of facilitating reservations or as requested by you.
The United States Department of Treasury maintains and publishes lists of “Prohibited Persons” who are government officials, residents of certain embargoed countries, terrorists or drug traffickers and imposes limits on The Peaks’ ability to provide services to those prohibited persons pursuant to its rules. You agree you are not a Prohibited Person, and you agree not to make arrangements for any such Prohibited Persons to stay at, use or tour The Peaks.
To the maximum extent permitted by law, The Peaks and affiliated companies and third parties connected to it hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Website or in connection with the use, inability to use, or results of its use, any websites linked and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT THE PEAKS IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
You shall defend The Peaks against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”), and you shall indemnify and hold The Peaks harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. The Peaks has the right, at its expense, to assume exclusive defense against any Claim and all negotiations for settlement, and you agree to cooperate with The Peaks in the defense of any such Claim.
With respect to all communications you make to The Peaks regarding Peaks Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications, and The Peaks shall have no obligation to protect your communications from disclosure; (b) The Peaks shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) The Peaks shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Peaks Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. The Peaks does not assume responsibility or liability for any such inaccuracies, errors or omissions and shall have no obligation to honor reservations or information affected by such inaccuracies. The Peaks reserves the right to make changes, corrections, cancellations and/or improvements to Peaks Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
The Peaks is not responsible for communication malfunctions, failures, or difficulties, or lost, stolen or misdirected transmissions, messages or entries, or the security of any such communications. Further, The Peaks is not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the associated equipment or programming, or by any technical or human error that may occur in the processing of any information. The Peaks may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that The Peaks is not responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on this Website which are not processed or accepted for any reason.
Travel to certain destinations may involve greater risk than others. The Peaks urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel. Information on conditions and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.cbp.gov. THE PEAKS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, THE PEAKS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATION TO THE FULLEST EXTENT PERMITTED BY LAW.
Some areas of this Website are restricted to travel agents or other authorized representatives. The Peaks Information contained in such restricted areas is confidential to The Peaks and is provided for business use only, which includes reviewing commission status and statements. The Peaks reserves the right to prohibit access to or use of these restricted areas where it determines that such use or access interferes with operations of this Website or that such use or access results in commercial benefits or other entities to its detriment. If you are a travel agent or authorized representative of a travel agent using this Website, the following apply:
Passwords: You will be provided you with a unique password so that access to information related to your agency and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. The Peaks does not assume any liability for any access to information or transactions that are executed with the password provided to you. The Peaks strongly recommends that you change the password on a periodic basis, and whenever a travel agent leaves your travel agency or you suspect that knowledge of the password is no longer limited to those whom you have authorized.
Any use of applications on this Website shall be governed by the End User Terms of Use for the applicable application. The Peaks shall have no liability for your use of such third party applications for any results generated by such third party applications.
If you choose to leave this Website via links to other third party websites, including those of advertisers, The Peaks is not responsible for the terms and conditions or terms of use or privacy policies of those third party websites, cookies, pixel tags and other similar technologies that they use. In addition, because The Peaks has no control over such third party sites and resources, you acknowledge and agree that The Peaks is not responsible for the availability of such third party sites or resources and that The Peaks does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources.
PLEASE NOTE: This Website may use various types of cookies and related technologies to provide certain functionality. General information about cookies and related technologies and how they work is available at allaboutcookies.org.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute may be filed only in the state or federal courts located in the State of Colorado, United States.
This Website is available to anyone with Internet access. However, this Website may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances.
In addition to any other rights or remedies that may be available to The Peaks, The Peaks may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of this Website at any time and without notice.
If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of this Website. All other provisions of these Terms and Conditions shall remain in full force and effect.
The Peaks’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.
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