Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By using this site, you signify your assent to these terms of use. If you do not agree to them, please do not use the site. This site and the services offered herein are only open to users 13 years of age or older. User expressly acknowledges that use of this site is at user's sole risk.

Restrictions on Use of Materials
This site is operated and maintained by the Club at Apple Mountain Resort (referred to as "the Club " herein). No material or information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed except as authorized in these terms of use, expressly authorized on the information or materials themselves, or approved in writing by the Club.

Disclaimer of Liability
The Club shall not be held liable for any improper or incorrect use of the materials or information described and/or contained in this site and assumes no responsibility for user's use of them. In no event shall the Club be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of this site or materials and information herein, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Disclaimer of Warranties / Freedom from Computer Viruses /
Accuracy and Use of Information / Continuous Service
The materials in this site are provided "AS IS" and without warranties of any kind either expressed or implied. The Club disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

The Club does not warrant that the functions contained in the materials in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free from viruses or other harmful components.

The Club does not warrant or make any representations regarding the use or the results of the use of the materials or information in this site, or the accuracy, adequacy, completeness, legality, reliability, or usefulness of any materials or information in this site. Changes may be periodically made to the content of materials or information in this site, and these changes may or may not be reflected in the materials or information as presented in the site. Additionally, due to the dynamic nature of the Internet, materials and information freely available one day may be restricted the next day, or undiscoverable due to changes in the organization of menus, homepages or files.

If you have obtained materials or information claimed to be from the Club, from a source other than the Club or this site, be aware that electronic data can be altered subsequent to its original distribution. Also, data and information can quickly become out-of-date. It is recommended that careful attention be paid to the contents of any metadata associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions in the materials or information in this site, we encourage you to report them to the the Club Board.

Disclaimer of Endorsement
Reference in this site to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or favoring by the Club.

Disclaimer for Hypertext Links
The Club is not responsible for the contents of any off-site materials referenced. The user specifically acknowledges that the Club is not liable for the defamatory, offensive or illegal conduct of other users, links or third parties, and that the risk of injury from the foregoing rests entirely with the user.

Links from this site to other sites on the Web do not constitute an endorsement from the Club. These links are provided for informational purposes only. It is the responsibility to the user to evaluate the content and usefulness of materials or information obtained from other sites.

Indemnification
To the extent permitted by applicable law, user agrees to defend, indemnify and hold harmless, the Club or its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the user's use of this site or materials and information contained herein.

Choice of Law / Interpretation
These terms of use, including the legal disclaimers and indemnification, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these terms of use is declared unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms and shall not affect the validity and enforceability of the remaining provisions.