Restrictions on Use
This site is owned and operated by the Design Review Administration and Vail Resorts Development Company (hereinafter "VRDC", "we", "us", or "our"). No material from designreviewadmin.com or any web site owned, operated, licensed, or controlled by VRDC may be copied, reproduced, republished, posted, transmitted, or distributed in any way, unless authorized by the Design Review Board or VRDC. By doing so, you agree to keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Design Review Administration or VRDC's intellectual property rights. For purposes of these terms, the use of any such material on any other web site or electronic network medium is prohibited. All trademarks, service marks, and trade names are property of Vail Trademarks, Inc.
THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THESE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. VRDC AND THE DESIGN REVIEW ADMINISTRATION DO NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL VRDC OR THE DESIGN REVIEW ADMINISTRATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THRU ACCESS ANY CONTENT OR FEATURES, EVEN IF VRDC AND THE DESIGN REVIEW ADMINISTRATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a condition of use of these sites, you, the end user, agree to indemnify the Design Review Board, VRDC, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of these sites, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
You expressly recognize and agree that VRDC's trademarks are the sole property of VRDC or its subsidiaries and affiliates. You do not have any right, title or interest in such or any use thereof, including but not limited to the reproduction of any such trademarks. You agree that all the trademarks have great value and good will and, in the event of a breach of this section, injury to VRDC would be irreparable and, therefore, injunctive relief to protect VRDC's interests would be appropriate (without limitation as to other damages which might be allowed by law).
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the Design Review Board communities of Beaver Creek, Bachelor Gulch, Red Sky Ranch, and Arrowhead. This agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue for any legal proceedings related to this agreement shall be in the District Court for Eagle County, Colorado or in the United States Federal Court for the State of Colorado. You hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
The terms and conditions are effective until terminated by either party. You may terminate this agreement at any time by destroying all software or other intellectual property obtained from any Design Review Administration or VRDC site and all copies and installations thereof. The terms and conditions may terminate immediately without notice from VRDC if in VRDC's sole discretion you fail to comply in any way therewith. Should you choose to terminate, you must destroy all software and other intellectual property obtained from any VRDC site and any copies thereof.
Severability. If any clause or provision of this agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. Amendment. No amendment, alteration, modification of or addition to this agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby.
The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this agreement. Attorneys' fees. If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
Survival. 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. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of VRDC.
Terms & Conditions