TERMS
OF USE
BY
ENTERING OR USING THE SCENIC-VALLEYRR.COM
AND DYNAMICTICKETSOLUTIONS.COM WEBSITE (THE ''WEBSITE''), YOU
(THE ''USER'') ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT AGREE TO BE SUBJECT TO ALL OF THESE TERMS OF USE,
YOU ARE ADVISED NOT TO ENTER OR USE THE WEBSITE OR THE BOONE
& SCENIC VALLEY RAILROAD & MUSEUM SERVICES AVAILABLE ON THIS WEBSITE
(COLLECTIVELY, THE ''SERVICES'').
1. User Information
You certify to Boone & Scenic Valley Railroad & Museum (''Boone
&
Scenic Valley Railroad & Museum'' or ''We'') that you are not a minor,
i.e. that you are at least eighteen (18) years of age; provided,
however, that a minor's parent or legal guardian may authorize a
minor to use scenic-valleyrr.com and dynamicticketsolutions.com
under supervision of the parent or guardian.
2. Availability
Boone & Scenic Valley Railroad & Museum does not warrant that the
Service will be available 24-hours per day, 7-days per week.
Boone & Scenic Valley Railroad & Museum will have no liability to you
for the unavailability of the Service.
3. Proprietary Rights to Information and Data
The information and data provided by or through the Service is
protected by international copyright laws of Boone & Scenic
Valley Railroad & Museum. The User acknowledges that such information and
data may contain other proprietary information and material, and
the User will respect all such proprietary rights and take such
precautions as may be reasonably necessary to protect private,
confidential and other proprietary information and material from
unauthorized use.
4. Trademarks.
Boone & Scenic Valley Railroad & Museum's logos and product and
service names are trademarks or service marks of Boone &
Scenic Valley Railroad & Museum (collectively, ''Marks'') or any of its
affiliates. The User agrees not to display or use, in any manner,
any of Boone & Scenic Valley Railroad & Museum's Marks or copyrighted
material without Boone & Scenic Valley Railroad & Museum's prior
written consent. Third party trademarks, service marks, logos and
trade names appearing on any of the websites which are part of
the Service are the property of their respective owners.
5. Prohibited Uses
You expressly agree not to use the Service in a manner that is
prohibited by any law or regulation, or to facilitate the
violation of any law or regulation.
6. Monitoring of the Service
Boone & Scenic Valley Railroad & Museum may, in its discretion,
monitor the Service and the use thereof by the User to determine
compliance with these Terms of Use and to avoid, to the extent
practicable, fraudulent, unlawful or abusive use of the Service,
subject at all times to the disclaimers described in Section 8
below. Boone & Scenic Valley Railroad & Museum may also intercept and
disclose any content, record, use, data or information, to the
extent necessary to protect Boone & Scenic Valley Railroad & Museum's
rights and fulfill its obligations (to the extent applicable),
including without limitation, for mechanical or service quality
control or to comply with any law, regulation, or governmental
request, all as determined by Boone & Scenic Valley Railroad & Museum
and as permitted by applicable law.
7. Links
Boone & Scenic Valley Railroad & Museum is not responsible for the
content on the Internet or World Wide Web pages that are
contained outside the Service. As a convenience to our members,
Boone & Scenic Valley Railroad & Museum provides links to many
resources. Boone & Scenic Valley Railroad & Museum makes no
representations as to the quality, suitability, functionality or
legality of any sites to which Boone & Scenic Valley Railroad & Museum
may provide links, and the User hereby waives any claim the User
may have against Boone & Scenic Valley Railroad & Museum with respect
to such sites.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK.
NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM -
EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT
LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE,
ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN
OR ASSUMED BY BOONE & SCENIC VALLEY RAILROAD & MUSEUM. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS
ARE HEREBY EXCLUDED. BOONE & SCENIC VALLEY RAILROAD & MUSEUM MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL BOONE & SCENIC VALLEY RAILROAD & MUSEUM BE LIABLE TO
ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE
FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES
ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO
UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF BOONE &
SCENIC VALLEY RAILROAD & MUSEUM WILL HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL
DAMAGES MAY NOT APPLY TO YOU.
10. Term & Termination
These Terms of Use are effective upon the User's entering or
using the Website or Service and remain in effect unless changed
by Boone & Scenic Valley Railroad & Museum. Boone & Scenic
Valley
Railroad & Museum may, at any time, terminate this Agreement and/or
terminate the User's access to any part or all of the Service
without any advance notice. Termination of these Terms and
Conditions by Boone & Scenic Valley Railroad & Museum will be
effective on the day that Boone & Scenic Valley Railroad & Museum
gives notice of such termination to the User. Boone & Scenic
Valley Railroad & Museum will be entitled to change or discontinue any or
all of the Service and/or any pricing (if any) relating to the
Service at any time, or to modify these Terms and Conditions at
any time.
11. Indemnity
At Boone & Scenic Valley Railroad's & Museum request, the User agrees
to defend, indemnify and to hold harmless Boone & Scenic
Valley Railroad & Museum, its licensors, officers, directors and employees
from any losses, claims and liabilities (including attorney's
fees) which may arise from your use of the Service and/or
material obtained from or through any Service provided on the
Website, or from your breach of these rules.
12. Notices
Notices to the User may be made via either email or regular mail.
Boone & Scenic Valley Railroad & Museum may also provide notices of
changes to the Terms and Conditions or other matters by
displaying notices or links to notices generally through the
Website.
16. General
This Agreement shall be governed by and construed in accordance
with the laws of the State of Pennsylvania, USA, without regard
to the principles of conflict of laws. This Agreement constitutes
the entire agreement between the parties hereto with respect to
the subject matter hereof. This Agreement shall not be released,
discharged, changed or modified in any manner, except by
instruments signed by duly authorized officers or representatives
of each of the parties thereto.
17. Other Boone & Scenic Valley Railroad & Museum Legal
documents
In addition to these Terms of Use, it is important that you read
Boone & Scenic Valley Railroad & Museum's Privacy Policy.
|