You consent to us collecting, accessing, using, processing, disclosing and retaining any PII you provide to us for the purpose of us providing the Services (defined below) to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations.
ALTA Destinations does not provide investment advice and the information coming from ALTA Destinations shall not be used as a basis for making decisions about investing in a particular digital asset.
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THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE ALTA DESTINATIONS SERVICES (DEFINED BELOW). BY ACCESSING OR USING THE ALTA DESTINATIONS SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE WEBSITE TERMS, DO NOT ACCESS AND/OR USE THE ALTA SERVICES.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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- Description of the Services
ALTA Destinations offers certain participants the ability to lend digital assets and create contracts representing notes on its platform, and to access information regarding the offerings and notes (“ALTA Destinations Services”) through its Website. Users of the Website (“Users”) will be able to browse the Website, sign up to updates and newsletters. Users may sign up for an account on the Website in order to access ALTA Destination Services (“ALTA Destinations Account”). The ALTA Destination Services consist of the following:
- Rental Services. Account holders may book ALTA Destination properties for private or commercial use using ALTA Destination approved listing service providers, including, but not limited to, AirBnb®, VRBO®, or any other approved listing service.
- ALTA Destinations Accounts
- Account Creation. Users who apply for and open an ALTA Destination Account will be able to access one or more ALTA Destination's Services.
- In order to open your ALTA Destination Account, you represent and warrant that any and all information provided to us pursuant to these Website Terms or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Note that we may use credit reports or other information from third parties to help us determine if we should open or maintain your account.
- Your account is not deemed to be opened, and we have no responsibility to you unless and until you have received written (which may be electronic) confirmation from us that your account has been opened. We are not obligated to accept an application from any applicant, and we reserve the right not to open an account for any applicant in our sole and absolute discretion.
- You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. ALTA DESTINATIONS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
- Account Responsibilities. You may not resell or make available your ALTA Destinations Account to any other person or entity. You are responsible for maintaining the confidentiality of your ALTA Destinations Account login information and are fully responsible for all activities that occur under your ALTA Destinations Account. You agree to immediately notify ALTA Destinations of any unauthorized use, or suspected unauthorized use of your ALTA Destinations Account or any other breach of security. ALTA Destinations cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Account Deletion. ALTA Destinations may suspend, terminate, or block your ALTA Destinations Account in accordance with Section 9. You may delete your ALTA Destinations Account at any time, for any reason, by emailing [email protected] Where ALTA Destinations has terminated your account in accordance with the Terms, or in response to a request for account deletion, your access to any ALTA Destinations services will be terminated.
- Access to the Services
- License. Subject to these Website Terms, ALTA Destinations grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website and the ALTA Destinations Services for your own personal and noncommercial use. Use of the Rentals Services for commercial purposes is governed by the respective terms for those services.
- Certain Restrictions. The rights granted to you in these Website Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not (directly or indirectly) modify, decipher, disassemble, reverse compile or reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the ALTA Destination Services; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; (d) translate, or otherwise create derivative works of any part of the ALTA Destination Services; (e) rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; (f) frame or mirror any part of the ALTA Destination Services without ALTA Destination's express prior written consent; (g) create a database by systematically downloading and storing Website or API content; (h) use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, harvest, index, “scrape,” “data mine” or in any way gather Website or API content or reproduce or circumvent the navigational structure or presentation of the Website without ALTA Destination's express prior written consent and (i) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website or API shall be subject to these Website Terms. All copyright and other proprietary notices on the Website or API (or on any content displayed on the Website or API) must be retained on all copies thereof.
- Modification. ALTA Destination reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that ALTA Destination will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
- No Support or Maintenance. You acknowledge and agree that ALTA Destination will have no obligation to provide you with any support or maintenance in connection with the Services.
- Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by ALTA Destination. Neither these Website Terms (nor your access to the ALTA Destination Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Website Terms. ALTA Destination and its suppliers reserve all rights not granted in these Website Terms. There are no implied licenses granted under these Website Terms.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to: (i) upload, transmit, or distribute to or through the Website or ALTA Destination Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Website or ALTA Destination Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or ALTA Destination Services, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Website or ALTA Destination Services (or to other computer systems or networks connected to or used together with the ALTA Destination Services), whether through password mining or any other means; (iv) harass or interfere with any other user’s use and enjoyment of the Website or ALTA Destination Services; or (v) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
- Feedback. If you provide ALTA Destination with any feedback or suggestions regarding the ALTA Destination Services (“Feedback”), you hereby assign to ALTA Destination all rights in such Feedback and agree that ALTA Destination shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. ALTA Destination will treat any Feedback you provide to ALTA Destination as non-confidential and non-proprietary. You agree that you will not submit to ALTA Destination any information or ideas that you consider to be confidential or proprietary.
- You agree to indemnify and hold ALTA Destination (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your access or use of the Website or ALTA Destination Services, (b) your violation of these Website Terms, or (c) your violation of applicable laws or regulations. ALTA Destination reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ALTA Destination. ALTA Destination will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links & Ads; Other Users
- Third-Party Links & Ads. The Website may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by ALTA Destination of any information, materials, products, or services contained in or accessible through any Third-Party Application. Such Third-Party Links & Ads are not under the control of ALTA Destination, and ALTA Destination is not responsible for any Third-Party Links & Ads. ALTA Destination provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. Neither ALTA Destination nor its partners endorse any of the opportunities that appear on the Website, nor does ALTA Destination and/or its partners make any recommendations regarding the appropriateness of particular opportunities for any Users. Each User must review and evaluate the opportunities in such User’s own discretion and determine the suitability of entering into any transaction. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
- Release. You hereby release and forever discharge ALTA Destination (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any or act or omission of any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Accuracy of Information.
We attempt to ensure that the information that we provide on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Website.
THE WEBSITE AND ALTA DESTINATION SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ALTA DESTINATION (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE OR ALTA DESTINATION SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR ALTA DESTINATION SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
ALTA DESTINATION DOES NOT ENDORSE ANY OTHER THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT ALTA DESTINATION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALTA DESTINATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE WEBSITE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ALTA DESTINATION SERVICES, EVEN IF ALTA DESTINATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE OR ALTA DESTINATION SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination.
- Subject to this Section, these Website Terms will remain in full force and effect while you use the ALTA Destination Services. We may suspend or terminate your rights to use the ALTA Destination Services (including your Account) at any time for any reason at our sole discretion, including for any use of the ALTA Destination Services in violation of these Website Terms. These Website Terms can be terminated upon written notice by ALTA Destination if ALTA Destinations discontinues the offering of the ALTA Destination Service, regardless of the reasons.
- Upon termination of your rights under these Website Terms, your Account and right to access and use the ALTA Destination Services will terminate immediately.
- In the event that your suspended or closed ALTA Destination Account has an outstanding balance, you are entitled to recover the relevant digital assets, together with the interest accrued thereon, if any, unless we are prohibited by any applicable law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the digital assets or the funds used for purchase of the digital assets were obtained through fraud or any unlawful means or connected with any criminal activities.
- The termination of these Website Terms shall not prevent any party from seeking any remedies against the other party for any breach of these Website Terms occurring prior to such termination.
- ALTA Destination will not have any liability whatsoever to you for any termination of your rights under these Website Terms, including for termination of your Account. Even after your rights under these Website Terms are terminated, the following provisions of these Website Terms will remain in effect: Sections 3.2 through 3.6, and Sections 4, 5, 7 and 8.
- Changes. These Website Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Website Terms will be effective one (1) day following the earlier of our dispatch of an e-mail notice to you (if applicable) or one (1) day following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Services. Continued use of our Website or ALTA Destination Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with ALTA Destination and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) between ALTA Destination and any User that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and ALTA Destination, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Website Terms will affect the right of any party to serve process in any other manner permitted by Law. After the Notice is received, you and ALTA Destination may attempt to resolve the claim or dispute informally. If you and ALTA Destination do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that ALTA Destination made to you prior to the initiation of arbitration, ALTA Destination will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or ALTA Destination pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and ALTA Destination, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ALTA Destinations.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND ALTA DESTINATION IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ALTA Destination.
- Small Claims Court. Notwithstanding the foregoing, either you or ALTA Destination may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Utah County, Lehi, for such purpose.
- Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from ALTA Destination, or any products utilizing such data, in violation of the United States export laws or regulations.
- Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Electronic Communications.
- The communications between you and ALTA Destination use electronic means, whether you use the ALTA Destination Services or send us emails, or whether ALTA Destination posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from ALTA Destination in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ALTA Destination provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. Your consent will remain in effect until you withdraw it.
- Any notice required or made under these Website Terms by you to ALTA Destination shall only be made via e-mail in English to [email protected]
- Entire Terms. These Website Terms constitute the entire agreement between you and us regarding the use of the Services. The section titles in these Website Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Website Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Website Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You confirm that you are acting on your own behalf and not for the benefit of any other person. These Website Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ALTA Destination's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ALTA Destination may freely assign these Website Terms. The terms and conditions set forth in these Website Terms shall be binding upon assignees.
- Waiver. A waiver by ALTA Destination of any right or remedy under these Website Terms shall only be effective if it is in writing, executed by a duly authorized representative of ALTA Destination and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Website Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
- Governing Law and Jurisdiction. These Website Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Delaware. You agree that the courts of Delaware shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Website Terms.
The ALTA Destination Service is controlled and operated from facilities within the U.S. The ALTA Destination Service may not be appropriate or available for use in some jurisdictions. ALTA Destination and its partners do not represent or warrant that the ALTA Destination Services or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the ALTA Destination Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
- Copyright/Trademark Information. Copyright © 2023 ALTA Destinations LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information:
ALTA Destinations LLC
3300 N Triumph Blvd.
Lehi, UT 84043