Last Updated September 20, 2011
Disclaimer Regarding Site Content
The information provided on the Site and the Andiamo Secured Site does not represent an offer to purchase or sell real estate, real estate interests, rights to use real estate or real estate investment opportunities, nor should any information provided on the Site be interpreted by you as representing the same. Any depictions or renderings shown herein, and any services or amenities discussed herein, are conceptual, subject to change and should not be relied upon for investment or other purposes. Any maps, diagrams, depictions and renderings shown herein are not to scale and the appearance, specification, size, layout and design of a final product, if any, may differ substantially.
Unless specifically stated or otherwise indicated, all content (which may include, yet is not limited to, trademarks, service marks, copyrights, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, links, or other electronic files or things that can be uploaded, downloaded, copied from, or posted on, the Internet or on websites) (referred to hereafter as “Content”) on the Site is the property of Timbers, and protected by intellectual property laws and therefore no Content may be copied, republished, posted, transmitted or distributed except that you may print out one copy solely for your personal, non-commercial use so long as you do not remove or alter any copyright, trademark, trade name, service mark, or any other proprietary notices. Content owned by third parties may also appear on the Site and the Andiamo Secured Site, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Timbers.
The Content that appears on the Site is for general information and communication purposes only and is meant to provide information about our business to the public. We do not represent that the Content we provide on the Site is completely accurate or error free, and therefore any reliance on the Content is done so at your own risk. Any use of the Site or its Content other than for the uses allowed in these TOU, including but not limited to other non-private, commercial purposes, is prohibited.
Any use of, or posting any Content on (including but not limited to sending email to or through the Site), the Site or the Andiamo Secured Site that could destroy, damage or impair any portion of the Site or any computers, systems, hardware or software used by us or other visitors to the Site or the Andiamo Secured Site, is prohibited.
Any attempt to gain unauthorized access to the Site or the Andiamo Secured Site, or the Content therein, or any computers, systems, hardware or software used by us or other visitors to the Site or the Andiamo Secured Site, through hacking or other similar means, is prohibited.
If you violate any portion of these TOU, we reserve the right, without an obligation to do so, to deny you access to the Site, remove any Content you may have posted on the Site, and/or seek any remedies available at law or equity. Repeated violations of these TOU may result in a permanent suspension of your ability to access and/or post any future Content on the Site.
The Site is not intended for or marketed to children, but is intended for adults 18 years of age or older. By using or accessing the Site, you represent that you are 18 years of age or older.
External Link Other Than to the Andiamo Site
The Site may contain links to external, third-party sites along with relevant commentary or summaries. By providing links to other sites, we do not guarantee, approve or endorse the information or products available on those sites, nor does a link indicate any association with or endorsement by Timbers or the Site, unless expressly stated otherwise.
Timbers does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and privacy policies and should be reviewed accordingly.
Permission for Framing and Other Intellectual Property Use
You are not permitted to frame any Content on the Site or on the Andiamo Secured Site or use any trademark or other intellectual property owned by Timbers without our written consent.
If you believe that any Content on the Site or the Andiamo Secured Site infringes your copyright and you want the Content removed, please send a detailed message to [email protected].
Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good- faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Other Intellectual Property Infringement
If you believe that any Content on the Site or the Andiamo Secured Site violates or infringes your intellectual property rights other than copyright claims referenced in the previous section, please send a detailed email to [email protected] detailing your allegation or complaint. We take infringement of a party’s intellectual property rights very seriously and will investigate the matter accordingly.
You understand that Timbers cannot and does not guarantee or warrant that files available for viewing from the Internet, the Site, or the Andiamo Secured Site will be free from viruses, worms, Trojan horses or other harmful files that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems, hardware or software may sustain as a result of accessing the Internet, the Site, and/or the Andiamo Secured Site.
Your use of the Site and the Andiamo Secured Site is at your own risk. The Site and the Andiamo Secured Site, and the Content therein is provided “as is” and without warranties of any kind, either express or implied. Timbers disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Timbers does not warrant that the functions or content contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the sites or the server(s) that make(s) the sites available are free of viruses or other harmful components.
Timbers does not warrant or make any representation regarding use, or the result of use, of the sites and content in terms of accuracy, reliability, or otherwise. The sites and content may include technical inaccuracies or typographical errors, and Timbers may make changes or improvements at any time. You, and not Timbers, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the sites and content. Timbers makes no warranties that your use of the sites and content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such site and content.
Limitation on Liability
Timbers, its subsidiaries, affiliates, licensors, service providers, site developers, employees, agents, officers, attorneys and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Timbers has been advised of the possibility of such damages. In no event will the collective liability of Timbers and its subsidiaries, affiliates, licensors, service providers, site developers, employees, agents, officers, attorneys and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Timbers for the applicable content or service out of which liability arose.
We reserve the right, without notice or reason and at our sole discretion, to terminate your access to the Site and/or the Andiamo Secured Site. We also reserve the right, without notice or reason and at our sole discretion, to terminate the Site and/or the Andiamo Secured Site. You agree that we are not liable to you or any third party for any termination under this section.
We make no representation that the Site or the Andiamo Secured Site are appropriate or available for use, viewing or access in any specific country or that the site are compliant with all foreign laws, so those who access or use of the sites do so at their own risk and are responsible for complying with applicable local and foreign laws.
201 Main Street Suite 202
Carbondale, CO 81611
© 2011 SV Timbers Steamboat, LLC. All rights reserved.