How We Collect and Use Information
We may collect information in several ways by your use of this Site, as well as from volunteer, guide or participant applications, other forms, or personal correspondence, such as emails or letters that you send to us. We may ask you to voluntarily provide us with personal information on this Site. In addition, when you log onto the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. Also, our third-party service providers may ask you to voluntarily provide personal information on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider’s privacy policies and not this Policy.
The types of personally identifiable information we collect from you depend upon whether you are a participant in our programs, a volunteer, a guide, a financial supporter, and/or a Site visitor. Information we collect may include your name, email addresses, postal addresses, ZIP code, employer, job title, telephone number, credit card information, date of birth, gender, age, user name and password, health and medical history or information, and other information either desirable or necessary to provide quality services to our participants, volunteers and visitors. We may also collect information about you such as your use of the Site and communication preferences.
Foresight may use the information collected from you to provide services which you have requested from us. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Foresight may use third-party service providers to send and distribute e-mail and to perform other marketing and support functions. We may use information we automatically collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, and to customize the content and layout of this Site for each individual user. Finally, we may share participants’ or applicants’ health and medical history and information with our volunteers who assist us in providing services to those participants and applicants.
Sharing of Personal Information
We also may share with third parties aggregated demographic and statistical information that is not personally identifiable.
Foresight also may disclose an individual’s personal information:
- to a person who in the reasonable judgment of Foresight is seeking the information as an agent of the individual;
- in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
- to a third party or parties, where disclosure is required or permitted by law; and
- to any successor in interest to all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Foresight’s assets.
Foresight may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Other than as set out above, you will receive notice when information about you might be provided to third parties, and you will have an opportunity to choose not to share the information.
Through the Site, Foresight may make available areas that allow for user interaction, including bulletin board services, chat areas, forums, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
Foresight does not knowingly solicit or collect personal information on the Site from children under the age of 13 without prior verifiable parental consent. If Foresight learns that, despite these measures, a child under the age of 13 has submitted personally identifiable information to Foresight through the Site, it will take reasonable measures to delete such information from its records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
How We Store Your Information
Foresight is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. After you have submitted your information online to Foresight, we recommend that you end your browser session before leaving your computer. In spite of these protections, Foresight cannot guarantee the security of any data submitted over the Internet. After your information reaches Foresight, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties.
Opt-Out From Mailings
From time to time, you may receive periodic mailings, telephone calls or e-mails from Foresight with news or other information on events, services, discounts, special promotions, upcoming events or other offers from Foresight or its sponsors or marketing partners. If at any time you wish to stop receiving emails or mailings from Foresight, please send us an email to firstname.lastname@example.org with the phrase “Privacy Opt-out” in the subject line, or write to us at the address provided below, and we will remove you from Foresight’s mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most e-mail messages from Foresight. This opt-out provision shall in no way limit Foresight’s rights set forth above to disclose your information for the purpose of enforcing or preserving our rights under the law.
by writing to us at:
Foresight Ski Guides
P.O. Box 18944
Denver, CO 80218-0944
Last Updated: February 8, 2010
FORESIGHT SKI GUIDES
Acceptance of the Terms
Foresight is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the [INSERT] link from any page on the Site. We hope that you will find the information provided on the Site informative and useful. Please feel free to e-mail us with your thoughts about the Site or to request more information about Foresight.
Foresight has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(1) change or terminate all or any part of our Services;
(2) restrict or terminate your access to all or any part of our Services; or
(3) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site
Foresight is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.
For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Foresight has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Foresight has the right to refuse any and all current or future use of the Site (or any portion thereof).
Account and Password Security
Depending upon the Services that it elects to offer, Foresight may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to: (i) immediately notify Foresight of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else’s password on the Site. Foresight cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Use of Interactive Areas
The Site may contain areas that allow for user interaction, including bulletin board services, chat areas, forums, or other message and communications features (“Interactive Areas”). You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Site that:
- defames, threatens, abuses or otherwise violates the legal rights of others;
- is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
- infringes another’s rights to intellectual property, publicity, or privacy;
- collects or stores personal information about other Site users;
- contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
- contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
- contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;
- disrupts or otherwise interferes with the Site or the networks or servers used by Foresight;
- impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
- constitutes illegal activity.
Foresight reserves the right to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive Areas
You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. Foresight recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.
Foresight does not endorse or control the content, messages or information found in any Interactive Area and, therefore, Foresight specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
Limits on Liability
Foresight will not be liable for:
- the contents of any communication, message, or information posted by you or other third parties;
- the content of any website not controlled, owned, or operated by Foresight that is accessed from or linked to this Site;
- the content, services or information provided by any website purporting to be operated by Foresight or its affiliates, but not actually affiliated with, controlled, owned, or operated by Foresight;
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. Foresight does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Third Party Websites
Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by Foresight of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because Foresight has no control over third-party websites and resources, you acknowledge and agree that Foresight is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Foresight shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Foresight or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. Those portions of the Site owned by Foresight are the copyright of Foresight. All rights reserved. You agree that all of Foresight’s trademarks, trade names, service marks, logos and service names are trademarks and are property of Foresight (the “Foresight Marks”). You agree not to display or use in any manner the Foresight Marks, without the express prior permission of Foresight.
No Reproduction or Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree to indemnify, defend and hold Foresight, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.
Foresight does not assume responsibility to you or others for any failure by Foresight to enforce the provisions contained in the Terms.
You agree that Foresight, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Foresight believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Foresight may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Foresight may immediately bar any further access to the Site. Further, you agree that Foresight shall not be liable to you or any third party for any termination of your access to the Site.
You acknowledge that Foresight may establish general practices and limits concerning your use of the Site. You agree that Foresight has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. Foresight reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Foresight shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Foresight reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, FORESIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- FORESIGHT MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORESIGHT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice And Procedure For Copyright Infringement Claim
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Foresight reserves the right, but not the obligation, to terminate your right to use the Site if Foresight determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Foresight accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Foresight has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Foresight to receive notification of claimed infringement is:
Foresight respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You and Foresight agree that the Terms and the relationship between you and Foresight shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis. You and Foresight hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Denver, Colorado, or the United States District Court for the District of Colorado for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and Foresight irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Foresight’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Foresight in writing.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.