Terms & Conditions
For Use Of Vista Caballo Websites and Web-Based Programs
The website www.vistacaballo.com, and any other web-based programs developed by, or for, Vista Caballo for use in their client processes (collectively, "our Websites"), are owned by Vista Caballo LLC (“we”, “us”, “our”). These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to your access to and use of the Websites. Your use of the Websites provided by Vista Caballo (and any other feature, content or application offered from time to time through the Websites) is subject to these Terms of Use and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.
1. Acceptance of Terms
We welcome you to use our Websites. By accessing our Websites, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, do not access our Websites. These Terms of Use may be modified, changed or altered by us at any time without prior notice. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on our Websites. You can review the most current version of these Terms of Use at any time at http://www.vistacaballo.com/terms-conditions. In agreeing to these Terms of Use, you also agree that continued access of our Websites after such changes are made conclusively demonstrates your acceptance of such changes.
2. No Warranty
Your use of our Websites is at your sole risk. The content and information posted on our Websites is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of our Websites to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness, or availability of the content and information posted on our Websites. We make no warranties or representations that your use of content and information posted on our Websites will not infringe rights of third parties.
Any download of material or software by you from our Websites is done at your own discretion and risk, and we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material.
3. Permitted Uses
Our Websites are not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18. The content and information posted on our Websites are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. Our Websites are not intended for commercial use by anyone other than Vista Caballo, LLC. Material from our Websites may not be copied, modified, or distributed, by you for any commercial use, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use our Websites and may subject you to legal liability.
Unless otherwise expressly authorized in these Terms of Use or on our Websites, you may not take any action to interfere with our Websites or any other user’s use of our Websites. You expressly agree that you will not modify, create derivative works from, or publicly display any content from our Websites without our prior written consent.
4. Links to Third Party Sites; Advertisers
Our Websites may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse, any such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.
5. Privacy Policy
Please see our “Privacy Policy” at http://www.vistacaballo.com/privacy-policy for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.
6. Obey the Law
You agree not to use our Websites for any illegal purpose (including, without limitation, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws, rules and regulations related to your use of our Websites.
7. Limitation of Liability; Indemnification
Any liability on our part for damages or injury due to or in connection with accessing and/or making use of our Websites is excluded to the broadest extent permitted by law. Under no circumstances shall we have any liability for any incidental, indirect or consequential damages, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages that result from the use of, or inability to use, the materials on our Websites, even if there is negligence or we (or one of our authorized representatives) have been advised of the possibility of such damages, or both. You agree to protect and fully indemnify us (and/or our parent, subsidiaries and other affiliated companies) from and against any and all third-party claims, liability, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) arising from your use of our Websites, or violation of these Terms of Use by you or any other user of your account (whether authorized or not).
8. Reservation of Intellectual Property Rights
You do not acquire any right, title or interest in any content on our Websites by virtue of accessing our Websites or the permitted uses allowed under these Terms of Use. All copyrights in our Websites and content contained in our Websites are owned by us. No license to use or reproduce any logo or trademark included on our Websites is granted to you by these Terms of Use or otherwise. The trademarks, logos, service marks and business names displayed on our Websites are protected, whether or not they are registered. Any unauthorized use of content or information posted on our Websites and any unauthorized reproduction, retransmission or other use of any part of our Websites may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights. Requests for permission to reproduce any content contained in our Websites may be addressed to:
Vista Caballo LLC
P.O. Box 797
Dove Creek, CO 81324
9. Miscellaneous
Our rights under these Terms of Use may not be waived unless we agree to such change in writing. These Terms of Use and your account on our Websites are personal to you and may not be transferred or assigned. These Terms of Use are governed by U.S. federal law and the laws of the State of Colorado, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Dolores County, Colorado, U.S.A in all disputes arising out of or relating to our Websites. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Websites or information provided to or gathered by us with respect to such use. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of our Websites), constitute the entire understanding between you and us regarding these matters. In any judicial or administrative proceedings based upon or relating to these Terms of Use, you agree not to contest the admissibility of a printed version of these Terms of Use, or any notice given in electronic form, as equivalent to business documents and records originally generated and maintained in printed form.
10. Notices and Contact Information
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Websites or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. If you have questions or comments for us, please send them to:
Vista Caballo LLC
P.O. Box 797
Dove Creek, CO 81324
Effective Date
These Terms of Use are effective and were last updated on August 1, 2013.