TERMS OF USE
This Agreement was last modified on December 1, 2018
These Terms of Use constitute a legally binding agreement ("Agreement") made by and between Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) and you. These Terms of Use govern your use of (“Website”) so please read them carefully.
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
This site is free to use by our visitors. By using this site, you the user are agreeing to comply with and be bound by the following terms of use. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site.
Copyright and Intellectual Property
The Site, content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without Bear Valley Adventure Company, Inc.'s (dba Bear Valley Cross Country & Adventure Company) express prior written permission.
Submissions
All suggestions, ideas, notes, concepts, photographs and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Photographs
Photographs may be taken by Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) staff and customers at various events and throughout season and some photographs may be posted on our website, newsletters, email blasts, social media or brochures. Please let Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) know during an event, or at any time, if you do not wish to have your picture made public.
Links to Other Websites
Our Site does contain a number of links to other websites and online resources that are not owned or controlled by Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company).
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
Changes to This Agreement
Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) reserves the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) site immediately.
Limitation of Liability
Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. References or links in this web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name are for the information and convenience of the public, and do not constitute endorsement, recommendation, or favoring by Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company), or its employees or agents.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
Indemnity
You agree to defend, indemnify, and hold harmless Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) and all of its employees, partners, directors, officers, and agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms and Conditions of Use, your use of the materials and information contained herein, or your inappropriate or unlawful use of the website. These include attorney fees, costs, damages, losses, and expenses. You agree to cooperate fully in the defense of any such claim. Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company).
Disclaimer
The content, services, free product samples and freebie offers from or listed through the site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to this site and any website with which it is linked. The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we are not liable for any indirect, incidental or consequential damages (including damages for loss of business, loss of profits, loss of money, litigation, or the like), whether based on breach of contract, breach of warranty, negligence, product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you the user. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. The information and all other materials on the site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on this site or any website with which it is linked.
General
Unless otherwise specified, the Site and their contents are provided solely for providing information. The Site is controlled and operated by Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) from California. As such, any dispute arising under the Agreement shall be resolved exclusively by California state or federal courts, applying California law, regardless of principles of conflicts of laws, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes. If we fail to enforce any provision of these Terms of Use, it will not be considered a waiver of our rights. If any portion of these Terms of Use is held to be unenforceable, then the remaining clauses and provisions will remain in full force and effect. Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this agreement shall survive the termination of this agreement. These Terms of Use, including our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company), superseding any prior agreements between you and Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company), I with regard to your use of the Sites. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisitions, or sale of our assets.
Termination
Bear Valley Adventure Company, Inc. (dba Bear Valley Cross Country & Adventure Company) reserves the right to terminate your access to the Site, without any advance notice.
Contact Us
If you have any questions about this Agreement, please feel free to contact us at (209)753-2834 or at bvxc@sbcglobal.net.
