The following terms govern your use of the Mountaingate website (the “Website”). Mountaingate may change or update these Terms of Service from time-to-time. Your use of the Website constitutes your agreement to the Terms of Service. You understand and agree that the Website may discontinue or restrict your use for any reason without notice and without any liability to you. In addition, when using the Website, you shall be subject to any posted guidelines or applicable rules, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Service.
2. INTELLECTUAL PROPERTY.
3. DISCLAIMER OF WARRANTIES AND LIABILITY.
You agree that your access to, and use of, the Website and the Content is on an “as-is”, “as available” basis. The Website may include facts, views, opinions and recommendations, that may not necessarily reflect the view of Mountaingate or its affiliates or personnel. The Website specifically disclaims any representations or warranties, express or implied, as to the Website and the Content contained therein, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, merchantability or fitness for a particular purpose. Neither the Website nor Mountaingate will be liable to you for any loss or injury caused in whole or part by your use of the Website and its Content or for any decision made or action taken by you in reliance on any Content appearing on the Website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.
4. LINKS TO THIRD PARTY SITES.
The Website may contain hyperlinks to websites operated by persons other than Mountaingate. You agree to hold the Website and Mountaingate harmless for any content or operation of such websites. A hyperlink from the Website to another website does not imply or indicate that the Website or Mountaingate endorses the content on that website, its operator or the operations of that website. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from the Website.
5. ADDITIONAL LEGAL TERMS.
These Terms of Service, your rights and obligations, and all actions contemplated by these Terms of Service will be governed by the laws of the United States of America and the State of Colorado, as if these Terms of Service were a contract wholly entered into and wholly performed within the State of Colorado. These Terms of Service will not be governed by the United Nations Convention. If any provision in these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Service are the entire and final agreement regarding the Website and its Content, and supersede any prior or contemporaneous communications between the Website and you regarding the Website and its Content.
6. PRIVACY AND USE OF INFORMATION.