Modifications to the Site
Durango Sports Club reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Durango Sports Club may impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.
Use of Materials
The materials within this Site are the sole property of the Durango Sports Club; viewers may print any downloadable material contained. Provided that: (1) the material is strictly for non-commercial and personal use; (2) no copyright, trademark or any proprietary notice is removed from materials; and (3) the material is not changed or promoted in any manner (without permission of the Durango Sports Club).
Copyrights, Trademarks and Other Proprietary Rights
By viewing this site, it is acknowledged that all content and materials available, including but not limited to: trademarks, designs, logos, names, text, images, and social network materials are the property of Durango Sports Club unless otherwise stated. Durango Sports Club and brand name are protected under the intellectual property and other laws of the United States, Colorado and additional foreign countries under international treaties. Any trademark or other proprietary notice may not be removed.
The viewer is solely responsible for the content and context of any materials or information posted or submitted throughout. By entering, every viewer has officially warranted and agreed to, while browsing, none shall upload, post or transmit to or distribute or otherwise publish any materials which: (1) are unlawful, threatening, harassing or profane; (2) restrict, inhibit or flagrantly offend any other viewer; (3) constitute or encourage conduct that would constitute a criminal offense or civil liability; (4) contain a virus or other harmful component; (5) contain advertising of any kind not approved by Durango Sports Club; or (6) contain untrue or erroneous indications of origin or statements of fact. Durango Sports Club will fully cooperate with any law enforcement authorities or court order requesting or directing Durango Sports Club to disclose the identity of, help identify, or locate anyone transmitting any such content.
Communication to Site
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of Durango Sports Club. Durango Sports Club will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to Durango Sports Club a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights. You agree that Durango Sports Club is free to use any ideas, concepts, know- how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Durango Sports Club need not provide any compensation or acknowledgment to you in exchange for any such use.
Durango Sports Club Spa has the right, but not the obligation, to monitor, edit, disclose and refuse to post and print anything; statement, images, private or commercial at any time, including bulletin boards, blog comments, e-mail and other forums. Notwithstanding this right, Durango Sports Club does not and cannot review all materials posted by users and Durango Sports Club assumes no responsibility or liability for any actions or content communicated henceforth between any viewers/users of the site. Upon notification, Durango Sports Club will investigate any allegations and pursue full applications of any/all local and federal agencies. However, Durango Sports Club is under no obligation to remove content transmitted by third parties and will assume no responsibility or liability arising from or relating to any such content, including but not limited to: errors, defamation, libel, slander, obscenity, pornography, profanity, threats or any erroneous statements herein made.
Disclaimer of Warranties
The use of this site is at the viewer’s sole risk. The information contained on this site is published as a convenience to site visitors for information purposes only and no express or implied warranties are made. This site, including all its content, functions and information made available on or accessed through the site, is provided on an “as is” “as available” basis without presentations or warranties of any kind, whether express or implied, including but not limited to non-infringement of third party rights, merchantability or fitness for a particular purpose. Durango Sports Club does not warrant that the site or its functions, features or content contained therein will be uninterrupted, error-free, secure, free of viruses or other harmful material, complete, accurate, timely, or that defects will be corrected.
Limitation of Liability
To the fullest extent permitted under applicable law, in no event shall neither Durango Sports Club nor its affiliates, and their respective directors, employees, and agents, be liable for any damages (including without limitation direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost data, for any damages to or viruses that may infect, any computer equipment, software, or other property, or any other business interruption) that are directly or indirectly related to the use of or inability to use this site and its content, materials and functions or on account of access to or use of this site or downloading of any materials, text, images, video or audio from the site or any linked sites. Thereof whether based on warranty, contract, tort, including but not limited to negligence or otherwise, or any other legal theory, even if Durango Sports Club has been negligent or has been advised of the possibility of such damages. In no event shall the total liability of Durango Sports Club to you for all damages, losses, and causes of action (whether based in warranty, contract or tort, including but not limited to, negligence or otherwise) arising from this agreement or your use of the site exceed, in the aggregate, $100.00.
Outside United States
This Site is intended for use by U.S. residents. Durango Sports Club makes no claims that the content herein is appropriate or may be downloaded outside of the U.S. All who access from foreign countries, recognized or not, do so at their own risk and are responsible for compliance with the laws of the country or other territory of residence. A reference to a particular product or service does not suggest that Durango Sports Club has or intends to make such products available in any country of residence.
The entire entity of Durango Sports Club is indemnified; officers, directors, employees and agents, from and against all and any claims or demands made by any third party. All associated liabilities, damages, costs and expenses, including but not limited to legal costs, arising out of or relating to any browsing or use of the content herein shall be the violation of the user and Durango Sports Club shall be liable.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Colorado, without regard to conflicts of law’s provisions. Any interested parties must irrevocably consent to the jurisdiction of the appropriate courts located in the state of Colorado for any action arising from or relating to the Terms and Conditions or a viewer’s browsing or use.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Millennium to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and Durango Sports Club and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.