Terms & Conditions

Terms of Use

Alpine Access, Inc.
WEB SITE TERMS OF USE
Date of Last Revision: 05 MAY 2009

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND AGREEMENTS INCORPORATED BY REFERENCE BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THIS WEB SITE.

These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, the Web sites operated by Alpine Access, Inc. or any of its subsidiaries or affiliates ("Alpine Access”) that link to these Terms of Use, including without limitation www.alpineaccess.com or www.alpineaccessu.com (the "Sites"), and the features and services available through or provided in connection with the Site (the "Services"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Alpine Access, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Alpine Access for violations of these Terms.

Alpine Access reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Alpine Access will indicate at the top of the Terms of Use the date such document was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you expressly agree to waive any notice of such changes. Your continued use of the Sites following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to review the Terms of Use and applicable policies whenever you use the Sites or the Services in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of the Sites and the Services. If you do not agree to the amended terms, you must stop using the Sites.

If you have any questions regarding the use of the Sites, please contact Alpine Access, 1120 Lincoln Street, Suite 1400, Denver, CO 80203.

  1. Privacy Policy - Please refer to our Privacy Policy for information on how Alpine Access collects, uses and discloses personally identifiable information from its users.
  2. Third Party Content and Applications - Alpine Access may provide third-party content and links to Web pages, Web sites and content of third parties (the "Third Party Content") and may make third party software applications (such as Google™ Maps) available to users (the "Third Party Applications") as a service to its users. Alpine Access does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided "AS-IS," and Alpine Access does not endorse or sponsor any Third Party Content or Third Party Applications.
  3. Copyright and Limited License - Unless otherwise indicated, the Sites and all content and other materials on the Sites or available through the Services, including, without limitation, the Alpine Access logo, and all designs, text, graphics, pictures, news, forecasts, information, data, software, video, sound files, and other content and files, and the selection and arrangement thereof (collectively, the "Site Materials"), are the proprietary property of Alpine Access or its licensors and are protected by U.S. and international copyright and trademark laws. You are granted a limited, non-transferable license to access and use the Sites, the Services and the Site Materials for your non-commercial and personal use only. Use of any software (including any Third Party Applications) downloaded or accessed from the Sites is subject to the terms of the applicable end-user license agreement. Such license is subject to these Terms of Use and does expressly prohibits, without limitation: (a) any resale, transfer, or commercial use of the Sites or the Site Materials; (b) the collection and use of any data or product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying, obscuring, framing, or otherwise making any derivative works or uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; (g) use of any software or Third Party Applications except in accordance with any applicable end user license agreement; or (h) any use of the Sites, the Site Materials or the Services other than for its intended purpose. Any use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the prior written permission of Alpine Access, is strictly prohibited and will terminate the license granted herein in addition to all other remedies to which Alpine Access and Third Party Content providers may be entitled for breach of these Terms of Use. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.  All rights not expressly granted are reserved.
  4. Repeat Infringer Policy - In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Alpine Access has adopted a policy of terminating, in appropriate circumstances as determined by Alpine Access in its sole discretion, subscribers or account holders who it deems to be repeat infringers or posing a greater risk to the integrity of the Sites or Alpine Access’s or Third Party Content providers’ proprietary rights. Alpine Access may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  5. Copyright Complaints - If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Agent Designated to Receive Notification of Claimed Infringement: Sonia Kelly. Full Address of Designated Agent to Which Notification Should be Sent: Alpine Access, Inc., 1120 Lincoln Street, Suite 1400, Denver, CO 80203.Telephone Number of Designated Agent: 303-279-0585. Facsimile Number of Designated Agent: 303-279-0584 E-Mail Address of Designated Agent: contactus@alpineaccess.com
  6. Trademarks - You may not copy, imitate or use, in whole or in part, without the prior written permission of Alpine Access or the applicable trademark holder, any trademark or service mark of Alpine Access or its licensors, including without limitation any logos, product or service name or slogan contained in the Sites. You may not use any metatags or any other "hidden text" utilizing "Alpine Access" or any other name, trademark or product or service name of Alpine Access without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the copyright and service mark, trademark and/or trade dress of Alpine Access and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Alpine Access.
  7. Hyperlinks - You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such link does not portray Alpine Access or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, gratuitously violent, illegal or otherwise objectionable or inconsistent with the image, standards, or business interests of Alpine Access. This limited right may be revoked at any time for any or no reason whatsoever. You may not use an Alpine Access logo or other proprietary graphic of Alpine Access to link to the Sites without the express written permission of Alpine Access. Further, you may not use, frame or utilize framing techniques to enclose any Alpine Access trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Alpine Access's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Alpine Access or any third party. Alpine Access makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites or of Web sites linking to the Sites. Such sites are not under the control of Alpine Access and Alpine Access is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Alpine Access provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Alpine Access of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
  8. Submissions - You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, postings, original or creative materials or other information, regarding the Sites or the Services that are provided by you in the form of email, online postings, or other submissions to Alpine Access (the "Submissions") are non-confidential, non-private, and shall become the sole property of Alpine Access. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, to Alpine Access, and Alpine Access shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  You represent and warrant that all information, materials, and postings you provide to Alpine Access or through the Sites are provided without restriction and that you are fully authorized to provide such material and assign all rights therein to Alpine Access as required above.
  9. Disclaimer of Warranties and Liabilities – THE SITES AND ALL  SERVICES, SITE MATERIALS, THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, AVAILABILITY, AND UPTIME OF THE FOREGOING, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES.  ALPINE ACCESS EXPRESSLY DISCLAIMS ARE WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING THE IMPLIED WARRANTIES OF  FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY SAFETY, UPTIME, ACCURACY, AND NONINFRINGEMENT. USERS’ USE THE SITE, SITE MATERIALS, THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.  IN NO EVENT WITH ALPINE ACCESS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER OR NOT ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OR RELATED TO YOUR ACCESS TO, USE OR INABILITY TO ACCESS OR USE, OR ANY CONTENT OR CONDUCT ON OR THROUGH THE SITES OR SERVICES.
  10. Applicable Law and Venue - These Terms of Use and your use of the Sites and any Services shall be governed by and construed in accordance with the laws of the State of Colorado, as if such agreements were made and to be entirely performed within the State of Colorado, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in the City and County of Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive personal and subject matter jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
  11. Termination - Notwithstanding any of these Terms of Use, Alpine Access reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites or Services, and to block or prevent your future access to and use of the Sites or Services.
  12. Severability - If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.