By accessing or using the AlpenPass Adventures website (the "Website") or any services, features, content, or applications offered by AlpenPass Adventures (collectively, the "Services"), you (the "User" or "you") agree to be bound by these Terms of Use (the "Terms"). Please read these Terms carefully before using our Services. If you do not agree to all of these Terms, do not access or use the Services.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you and AlpenPass Adventures, a business operating in British Columbia, Canada. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Use of Services
Subject to these Terms, AlpenPass Adventures grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services.
3. User Accounts (if applicable)
If any part of the Services requires you to create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for any loss or damage resulting from your failure to comply with this section. AlpenPass Adventures reserves the right to suspend or terminate your account at any time for any reason without notice.
4. Intellectual Property
All content included in the Services, such as text, graphics, logos, images, videos, audio clips, data compilations, software, and the compilation thereof (the "Content"), is the property of AlpenPass Adventures or its licensors and is protected by copyright, trademark, and other intellectual property laws in Canada and internationally. You may not modify, reproduce, distribute, create derivative works of, publicly display, or in any way exploit any of the Content, in whole or in part, except as expressly authorized by AlpenPass Adventures.
5. User-Generated Content (if applicable)
If the Services allow you to submit, upload, post, or otherwise make available content, including but not limited to reviews, comments, photos, and videos ("User-Generated Content"), you retain ownership of your User-Generated Content. However, by submitting User-Generated Content, you grant AlpenPass Adventures a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content in any media.
You represent and warrant that you have all necessary rights to grant the licenses in this section and that your User-Generated Content does not violate any third-party rights or any applicable laws, including those related to defamation, privacy, and intellectual property. AlpenPass Adventures has the right, but not the obligation, to monitor, remove, or modify User-Generated Content for any reason.
6. Prohibited Conduct
You agree not to:
* Use the Services in any way that violates these Terms or any applicable laws or regulations in British Columbia or Canada.
* Engage in any conduct that could harm, disrupt, or interfere with the Services or other users' enjoyment of the Services.
* Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
* Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
* Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
* Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
* Collect or harvest any personally identifiable information, including account names, from the Services.
* Engage in any form of spamming or unsolicited advertising.
7. Disclaimer of Warranties
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW IN BRITISH COLUMBIA, ALPENPASS ADVENTURES DISCLAIMS ALL SUCH WARRANTIES.
ALPENPASS ADVENTURES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALPENPASS ADVENTURES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN BRITISH COLUMBIA, IN NO EVENT SHALL ALPENPASS ADVENTURES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ALPENPASS ADVENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ALPENPASS ADVENTURES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU PAID TO ALPENPASS ADVENTURES, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS, INCLUDING BRITISH COLUMBIA, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend, and hold harmless AlpenPass Adventures, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of these Terms; (c) your User-Generated Content; or (d) your violation of any third-party rights, including intellectual property rights or privacy rights.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in British Columbia, and you hereby irrevocably submit to the personal jurisdiction of such courts.
11. Changes to These Terms
AlpenPass Adventures reserves the right to modify or revise these Terms at any time in its sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Services following the posting of any changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically for any updates or modifications.
12. Termination
AlpenPass Adventures may terminate your access to or use of the Services, at its sole discretion, at any time and without prior notice, for any reason, including but not limited to your breach of these Terms. Upon any termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Entire Agreement
These Terms constitute the entire agreement between you and AlpenPass Adventures regarding your use of the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether oral or written.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under applicable law.
15. Contact Us
If you have any questions about these Terms, please contact us at:
AlpenPass Adventures
info@alpenpass.ca
(672) 533-5010