Terms of Service
Terms of Service
Last Updated Septeber 14, 2017
1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT. PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE AND OUR SERVICES.
If You choose to register as a Service-provider or a Client (as defined in section 2, below) through our Services then You will become a “Member” of MountainPros for the term of Your registration. This Agreement, together with the terms of Your registration agreement will govern Your relationship with us and Your use of our Services during the term of Your Membership.
Changes to Terms
2. MOUNTAINPROS SERVICES.
The Services offered by MountainPros consist of a communications platform for enabling the connection between individuals seeking private Service-provider services ("Clients") and/or individuals or companies providing Service-provider services ("Service-providers"). Clients may use the Services for themselves or to arrange a Service-provider for children less than eighteen (18) years of age (“Minor Athletes”). The Service provides a place for Service-providers to list their services and experience, and for Clients to review the skills of Service-providers for a potential match. MountainPros generally does not take part in the interaction between Clients (and Minor Athletes, as applicable) and Service-providers except to provide this forum for information sharing and to collect payments on the behalf of Members who seek to be matched through our Services. There are occassions, however, when MountainPros will actively facilitate communication between Service-providers and Clients though only to speed the coordination between the two parties and not for any other purpose.
Users and Members represent, understand and expressly agree that MountainPros does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the Service-provider services actually delivered by any Service-provider, nor of the integrity, responsibility or any of the actions whatsoever of the Clients (and Minor Athletes, as applicable). MountainPros makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Service-provider or Clients (and Minor Athletes, as applicable) whether in public, private or offline interactions, or arranged through our Services. MountainPros does not assume any responsibility for the accuracy or reliability of any information provided through this website or our Services, or by Service-providers or Clients who use our Services. MountainPros does not assume and expressly disclaims any and all liability that may result from the use of any information provided through this website and our Services or through Service-providers or Clients listed with our website. MountainPros is not responsible for the conduct, whether online or offline, of any User of this website or any User or Member of the Service. All Users and Members, including both Clients (and Minor Athletes, as applicable) and Service-providers do hereby expressly agree not to hold MountainPros (or MountainPros’ officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the website and MountainPros and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this website, our Services, the information provided through this website and the services provided by or to any User of this website or our Services.
Notwithstanding, and without limiting, the foregoing disclaimers of liability, MountainPros may purchase one or more insurance policies (“Insurance”) which may provide defense or indemnity in case of property damage or personal injury incurred in connection with the Services. While MountainPros may make such Insurance available, we cannot guarantee that the Insurance will cover any particular injury or loss, or that the amount of Insurance will be adequate, or available at all, in any particular case.
Providing or Accepting Service-provider Services Not Arranged Through MountainPros
Clients and Service-providers agree and acknowledge that in cases where the parties have initially been introduced through the Service, it is an express violation of these Terms for either party to offer or accept the provision of Service-provider services between the parties without arranging such Service-provider services through the Service. Verification of such an arrangement may result in the immediate termination of the applicable Members’ accounts.
Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors or anyone under the age of eighteen (18). This website and our Services are currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and, with respect to Service-providers, those that may legally work within the United States. By registering as a Member and/or using the website or our Services, You represent and warrant that You are of legal age as described above, and that You have the right, authority and capacity to enter into this Agreement and that You commit to abide by all of the terms and conditions of this Agreement (including any posted changes to these terms and conditions). If You are a Client using the Services to arrange Service-provider for Minor Athletes, You represent and warrant that You are the parent or legal guardian of each Minor Athlete, or that You have the permission of the parent or legal guardian of all Minor Athletes who will participate in any Service- provider arranged through the Services.
You represent and warrant that You (a) have never been the subject of a complaint, restraining order or any other legal action involving criminal activity or alleged criminal activity, and You have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. Persons who have been involved with activities described in “(a)” or “(b)” above are NOT eligible to participate in our Services or to be or become Members.
4. BACKGROUND CHECKS.
Members may use our Services to engage third-party providers to run criminal and other background checks, including third party sex offender searches and checks (collectively, “Background Checks”). MountainPros does not automatically run Background Checks on any Members. MountainPros may use Your name, address, and other identifying information You provide to us to obtain Background Checks on You.
By becoming a Member, You are expressly acknowledging and agreeing that Background Checks pertaining to You may be obtained and disclosed to the requesting party under these Terms. You acknowledge, agree and expressly grant MountainPros the right to verify Your representations and warranties, using Background Checks or otherwise, and to take any action MountainPros deems appropriate in its sole discretion, including but not limited to terminating Your membership should MountainPros determine, in its sole opinion, that You have violated any representation or warranty or any other provision of these Terms. If You refuse permission for a Background Check, MountainPros reserves the right to refuse or to terminate Your Membership and participation in our Services without repayment of any fees already paid by You.
Furthermore, You expressly acknowledge and agree that MountainPros may and is authorized to disclose the results of any Background Check, if You are a Service-provider, to any person that has obtained Service-provider services from You and, if You are a Client, to any Service-provider who has been engaged by You. All Members are entitled to receive a copy of the results of any Background Check which is run on them. All Members are entitled to receive a copy of the results of any Background Check which is run on them from the applicable third-party provider. Members will have the option to seek to correct erroneous information by working directly with the applicable third-party provider. Negative results from a Background Check will be shared with the Member requesting the Background Check only in summary form. Because Background Checks are from third-party providers, MountainPros cannot guarantee the accuracy of the Background Checks, and disclaims all responsibility and liability for the results of said Background Checks. MountainPros does not independently verify information in the Background Checks.
If You decide to use or access information provided by a third-party verification service offered through the website, You expressly agree, represent, and warrant that You will only use the information You obtain relating to another Member for the express purpose of determining whether to transact business with that person. You may not disclose and expressly represent and warrant that You will not disclose the Background Check information You obtain on another Member to any other person or entity.
5. FAIR CREDIT REPORTING ACT DISCLOSURE.
Pursuant to the Fair Credit Reporting Act (the "FCRA"), MountainPros hereby notifies You that our third-party verification service may, as part of its Background Check service, obtain a consumer report about You from a consumer reporting agency. Consumer reports may contain information on Your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If You use or access information provided by a third-party verification service offered through the website, You represent and warrant that You will use such information only for a purpose permitted by the FCRA and that You will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If You decide to access, use, or share information provided by a third-party verification service offered through the website with any other party (either through this website or otherwise), You agree to do so in accordance with applicable law and to indemnify and hold harmless MountainPros from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. MountainPros does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
Clients may seek the services of a Service-provider through the use of the website. In the event that a Client and a Service-provider agree on the provision of services, such agreement is solely between the Client and the Service-provider except as otherwise described in this Agreement. MountainPros is not a party to any agreement between Service-providers and Clients. Any issues concerning the services received by the Client (and Minor Athletes, as applicable) or payment due to the Service-provider (except to the extent that such issue relates to the Services or MountainPros’ role as a payment conduit) must be resolved directly by the Client and the Service-provider.
MOUNTAINPROS WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES, INCLUDING PAYMENT FOR Service-provider SERVICES PROVIDED BY A Service-provider EVEN IF SUCH SERVICES ARE THE RESULT OF Service-provider AND Client (AND MINOR ATHLETES, AS APPLICABLE) MEETING THROUGH OUR SERVICES. BY USING THIS WEBSITE AND OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD MOUNTAINPROS HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE INCLUDING WITH ANY OTHER MEMBER, Service-provider, Client, OR MINOR ATHLETE. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, ALL Service-providers PROVIDED THROUGH THIS SERVICE EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER ARISING OUT OF, AND Clients (FOR THEMSELVES AND ON BEHALF OF MINOR ATHLETES, AS APPLICABLE) HEREBY EXPRESSLY RELEASE AND WAIVE ALL CLAIMS DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED THAT Client OR MINOR ATHLETE MAY HAVE AGAINST ANY Service-provider ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES PROVIDED BY ANY OTHER MEMBER, INCLUDING ANY Service- provider, INCLUDING SUCH CLAIMS RELATED TO PAYMENT FOR Service-provider SERVICES PROVIDED BY A Service-provider, OR ANY HARM, DAMAGE OR INJURY CAUSED BY SERVICES PROVIDED BY ANY Service-provider CONTRACTED THROUGH MOUNTAINPROS SERVICES, EVEN IF SUCH SERVICES ARE THE RESULT OF Service-provider’s NEGLIGENCE, INCOMPETENCE, INTENTIONAL MALFEASANCE, OR OMISSION. BY USING THIS WEBSITE AND OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD ANY Service-provider HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE INCLUDING WITH ANY OTHER MEMBER, Service-provider OR Client.
7. EXCLUSIVE USE BY USER.
Your account is for Your sole, personal use. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity.
8. INFORMATION PROVIDED BY USERS.
You are responsible for providing accurate, current and complete information in connection with Your registration and use of the website and the Services. MountainPros is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users. As part of the Services, MountainPros allows You to post information about Yourself to our website. You are solely responsible for any information, content, messages, photos, videos, reviews or profiles (collectively, "Content") that You publish or display (hereinafter, "post") on the website, or transmit to other Users. You will not post, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal Content, or any Content that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to MountainPros or to any other User. You understand and agree that MountainPros may review and delete any Content, in each case in whole or in part, that in the sole judgment of MountainPros violates this Agreement or that may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
By posting Content to any public or Member area of the website You represent and warrant that You have the right to grant, and You do grant to MountainPros, together with its Affiliates and its and their licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses to the foregoing. You further represent and warrant that public posting and use of Your Content by MountainPros will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content You post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or Content made available on the website or through the Service, but not directly by MountainPros, are those of their respective authors. Such authors are solely responsible for such Content. MountainPros does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or through the Service. Under no circumstances will MountainPros or its Affiliates be responsible for any loss or damage resulting from: i) Your reliance on information or other content posted on the website or transmitted to or by any user of the website or Service; or ii) reviews or comments made about You on the website by other users.
10. LINKS TO EXTERNAL SITES.
11. CHILDREN’S PRIVACY.
MountainPros takes Children's privacy very seriously. Registering on MountainPros is intended for people 18 or over. While many end-users of Service-provider arranged through MountainPros’ Service (i.e., the people who actually take the Service-provider session, the Minor Athletes) will be children under the age of 18, their parents or guardians will be the only valid registered users on MountainPros. MountainPros will not knowingly collect any information from children under 13. You must identify Your age during the registration process. Notwithstanding the foregoing, we do not assume any responsibility for any misrepresentations regarding Your age or parental consent when using this website.
12. PROHIBITED USE.
The website and our Services may not be used by any person or organization to recruit, solicit, or contact Clients or Service-providers for employment or contracting for a business not affiliated with MountainPros without the express prior written permission of MountainPros. You may not copy the contents of our website, including but not limited to any of the records or profiles of our Users or Members, and You are prohibited from using any technology, method or scheme to scrape, crawl, reproduce, cache or mirror all or any portion of the contents of our website, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download the contents of our website. Should MountainPros find that You violated the terms of this paragraph or any terms stated herein, MountainPros reserves the right, at its sole discretion, to immediately terminate Your use of the website, Your membership and our Services, and/or assess a $10,000 daily fee for scraping, copying, caching or reproducing either in a manual or automatic manner, Service-provider, Client, or Minor Athlete information, including but not limited to, names, addresses, phone numbers, or email addresses, copying text, or otherwise misusing or misappropriating website content.
Although MountainPros cannot monitor the conduct of its Users off the website, it is also a violation of these Terms to use any information obtained from the website or the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. In order to protect our Users from such activity, we reserve the right to take appropriate actions, including blocking access to the website and terminating Your Membership, with or without notice. Following any termination of any Member's use of the website and/or Services, MountainPros reserves the right to send a notice thereof to other Members with whom You have corresponded advising them of Your termination from the Services.
Notwithstanding anything to the contrary in this Agreement, MountainPros may terminate any Membership, or block access to the website and the Services, for any reason or no reason whatsoever, with or without notice, at any time. In case of termination by MountainPros, a refund for prepaid Services will be provided only in cases where such termination was not in connection with a Member’s violation of this Agreement.
14. PAYMENT POLICY FOR MEMBERS.
Clients are obligated to pay for the Services provided through this website, unless specifically notified otherwise. Clients that sign up for our Services agree to pay MountainPros all charges at the prices then in effect for any use of the Services. Following the scheduling of a Session, Clients will be asked to provide payment provider details and to authorize charges to such providers for selected Services. Ordinarily, a Client will be required to submit payment for Service-provider services before a session has been completed (“Session Rights”).
MountainPros reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.
15. NO WARRANTY.
MOUNTAINPROS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE AND SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY THROUGH OR PUBLISHED ON OUR WEBSITE OR THROUGH OUR SERVICES. UNDER NO CIRCUMSTANCES WILL MOUNTAINPROS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS. WITHOUT LIMITING THE FOREGOING, THIS WEBSITE, OUR SERVICES, THE INFORMATION AND MATERIALS CONTAINED AND MADE AVAILABLE THROUGH THIS WEBSITE AND THROUGH OUR SERVICES, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE.” MOUNTAINPROS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS CONTENT, INFORMATION AND MATERIALS, NOR THE SERVICES PROVIDED BY ANY SERVICE-PROVIDER AND MOUNTAINPROS EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES, INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING THE SERVICES PROVIDED BY US OR ANY THIRD PARTY. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, THE INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH OR RELATING TO OUR SERVICES. FURTHERMORE, MOUNTAINPROS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. MOUNTAINPROS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, MOUNTAINPROS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER, USER, OR ANY THIRD PARTY AFFILIATED WITH OR WHOSE SERVICES ARE OFFERED THROUGH OUR WEBSITE, TO PROVIDE SERVICES AS A SERVICE-PROVIDER OR TO SECURE THE SERVICES OF A SERVICE-PROVIDER, OR TO VERIFY THE CREDENTIALS AND BACKGROUND OF ANY SERVICE-PROVIDER.
16. ASSUMPTION OF RISK.
You assume all risk when engaging the services or purchasing the goods of any other User or Member (including any Service-provider or Client) and in connection with using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members and any risks associated with obtaining services from any Service-provider or providing any services to any Client (and Minor Athlete, as applicable), including all risks of physical or emotional injury or harm resulting in any way or arising out of Service-provider services or clients obtained through our Services. You agree to take all necessary precautions, including but not limited to any recommendations set forth by MountainPros, when interacting with others Members.
If You are a Service-provider, it is Your responsibility to obtain workers’ compensation insurance for any injuries You may suffer in the course of the provision of services to Clients. In no event may a Service-provider seek coverage under MountainPros’ workers’ compensation policy. You acknowledge that any insurance coverage provided by MountainPros is in excess over any personal insurance policies You have that may apply and that You are responsible for payment of any deductible associated with such MountainPros provided policy coverage. In addition, as a Service-provider, it is Your responsibility to identify the “Location” in which to provide services. You represent and warrant that: (a) the Location will be safe and appropriate for the type of services provided, (b) you have appropriate permission from the owner, leaseholder, permit-holder or administrator of the Location to conduct such activities at the Location and (c) you are legally authorized to work in the country in which you provide services.
17. LIMITATION OF LIABILITY.
In no event will MountainPros be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the website, the Services provided through this website or by any Member or other User of this website, including without limitation, damages related to any services provided or information received from or through this website, removal of content from the website, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of Your Membership or ability to access the website, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MountainPros, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL MOUNTAINPROS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID MOUNTAINPROS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 (USD) OR ITS EQUIVALENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOUNTAINPROS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE WEBSITE, INCLUDING ANY SERVICE-PROVIDERS WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the website is for informational purposes only and is not intended to replace or substitute for any professional advice, financial, medical, legal, or other advice. MountainPros makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist.
By agreeing to the terms of this Agreement, Users of the website, including Members agree to indemnify, defend and hold harmless MountainPros and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs (whether incurred by MountainPros or its Affiliates) in connection with any claim arising out of (i) materials and content You submit, post or transmit through the website, (ii) use of the website by You in violation of these Terms or in violation of any applicable law, and, without limiting the foregoing (iii) use, reliance upon, or disclosure of Background Checks. Users further agree that they will cooperate as reasonably required in the defense of such claims. MountainPros and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of MountainPros. Users further agree to hold harmless MountainPros and its Affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the website.
19. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT.
If You believe any materials accessible on or from website infringe Your copyright, You may request removal of those materials (or access thereto) from this website.
Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act ("DMCA").
To file a copyright infringement notification with MountainPros, You will need to send a written communication that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
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. Providing URLs in the body of an email is the best way to help us locate content quickly.
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.
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.
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 (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. In other words, DON’T MAKE FALSE CLAIMS!
To expedite our ability to process Your request, such written notice should be sent to our designated agent who’s contact information is available via our "DMCA Designated Agent" listed below:
SkiBuddy, LLC d/b/a MountainPros
1700 Bassett St. #1516, Denver CO 80202
And/or by email to: admin@MountainPros.com
General Copyright Statement
Most of the sourced material posted to MountainPros is posted according to the "fair use" doctrine of copyright law for non-commercial news reporting, education and discussion purposes. We comply with all takedown requests. Please send takedown requests to: admin@MountainPros.com
20. NOTICE OF TRADEMARK RIGHTS.
The service marks and trademarks MountainPros and the MountainPros logo are service marks owned by
MountainPros. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing on the website are the property of their respective owners. Users acknowledge the rights of MountainPros and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner.
21. JURISDICTION AND CHOICE OF LAW.
If there is any dispute arising out of the website and/or the Service, by using the website, You expressly agree that any such dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Colorado, for the resolution of any such dispute.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.