| Terms and Conditions of Use/Privacy policy Please be advised that the use of this site signifies your agreement to the following terms: These terms and conditions of use are applicable to the bergiesbest, LLC websites. Hereafter bergiesbest, LLC, a Colorado limited liability company, and its affiliates and partners will be referred to as "bergiesbest." PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes. USE OF MATERIALS This site is owned and operated by bergiesbest. No material from any bergiesbest website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express written permission of bergiesbest, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of bergiesbest copyright and other proprietary rights and may be subject to civil and/or criminal penalties. PUBLIC FORUMS AND COMMUNICATION "Public Forum" means a chat area, bulletin board, or e-mail function offered as part of any bergiesbest website. You shall not upload to, distribute through, or otherwise publish through any bergiesbest website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of bergiesbest and are not endorsed, supported, encouraged, sanctioned, verified or agreed to by bergiesbest. bergiesbest reserves the right to remove or edit content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion. Bergiesbest is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. bergiesbest reserves the right to terminate your ability to access any of Public Forum for any reason and without notice. By communication in any Public Forum, you herebby represent that you have all necessary rights in the materials, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading materials to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. BERGIESBEST DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN. DISCLAIMER Merchant and service availability, pricee and time-related information appearing on the bergiesbest websites are subject to change. bergiesbest is not responsible for any such changes and advises you to confirm all specific terms appearing on the bergiesbest websites before acting in reliance on such terms. Third-party products and services represented on any bergiesbest website are not necessarily endorsed or recommended by bergiesbest and bergiesbest disclaims all responsibility regarding the performance or the use of third-party products and services. bergiesbest does not necessarily endorse or sanction the content or actions of websites that are linked to or from bergiesbest websites. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BERGIESBEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BERGIESBEST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BERGIESBEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BERGIESBEST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. INDEMNITY AND LIMITATION OF LIABILITY You agree to indemnify and hold bergiesbest (and its members, managers, officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BERGIESBEST BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF BERGIESBEST OR A BERGIESBEST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BERGIESBEST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. TRADEMARKS
Bergiesbest, bergiesbest.com, Ski Like That, Ski Like This and The Best Skiing Has To Offer represent a partial list of trademarks associated with bergiesbest which are protected by law. Other trademarks not listed here, but which are associated with bergiesbest, are protected by law as well. Duplication, tampering or unauthorized use in any way of any of the bergiesbest trademarks may be subject to fine and civil and/or criminal prosecution. MISCELLANEOUS These terms shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Denver County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. The above terms and policies may be subject to change; the result of any change will be reflected on these pages. ------------------------------------------------------------------------ PRIVACY POLICY This is the website of bergiesbest, LLC, a Colorado limited liability company. Our postal address is:
P.O. Box 2998
Crested Butte, CO 81224 We can be reached via e-mail at topten@bergiesbest.com. For each visitor to our Web Site, our Web server automatically recognizes only the consumer's domain name and browser type, but not the e-mail address. We collect e-mail address (where possible) of visitors to our web page that provide us with their e-mail address. We also collect the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, the e-mail addresses of those who make postings to our chat areas and the e-mail addresses from information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to notify consumers about updates to our website, shared with other organizations to help them contact consumers for marketing purposes and used by us to contact consumers for marketing purposes. If you do not want to receive e-mail from us in the future, please let us know by sending email to us at the above address or writing to us at the above address and telling us that you do not want to receive e-mail from our company. You may also select "no" to the question: "May we send you e-mail information regarding our products and services?" From time to time, we make our customer e-mail list available to other organizations whose products or services we think you might find useful. If you do not want us to share your e-mail address with other companies or organizations, please let us know by sending email to us at the above address or writing to us at the above address. You may also select "no" to the question: "Would you like to receive e-mail from other organizations?" If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending email to us at topten@bergiesbest.com or writing to us at the above address. Please provide us with your exact name and address. We will be sure your name is removed from our mailing list. Persons who supply us with their telephone numbers online may receive telephone contact from us with information regarding orders they have placed on-line. Online orders placed on bergiesbest websites are placed on a secure online form. That means your encrypted credit card number is safe in transit to a secure database. The above terms and policies may be subject to change; the result of any change will be reflected on these pages. | Release With full knowledge and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby give and grant to bergiesbest, LLC, a Colorado limited liability company, and its members, managers, employees, representatives, successors and assigns the absolute right and permission to copyright and/or publish or use portraits or pictures or biographies of me, in which I may be included in whole or in part, or composite or distorted in character or form, in conjunction with my name, or reproductions thereof in color or otherwise, for advertising, trade, or any other lawful purpose whatsoever, forever and throughout the universe, without additional compensation. I hereby waive any right that I may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, or the use to which it may be applied. I hereby release, discharge and agree to save harmless bergiesbest, LLC and its members, managers, agents, servants and employees from any liability by virtue of any use in composite form, whether intentional or otherwise, that may occur or be produced in the publication of these materials. I understand that editorial copy may accompany the photograph(s). I HEREBY CERTIFY THAT I AM OVER THE AGE OF EIGHTEEN (18) YEARS AND THAT I AM POSSESSED OF FULL LEGAL CAPACITY TO EXECUTE THE FOREGOING AUTHORIZATION. By my signature above, I hereby consent to the use of the photograph(s) submitted to bergiesbest, LLC, including the editing and publication thereof in any bergiesbest website. |
