GetawayPlanners

Terms of Use

Welcome to GetawayPlanners.com. GetawayPlanners℠ provides website features for you subject to the following terms and conditions. If you visit or book with GetawayPlanners.com, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future GetawayPlanners℠ service, you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to and use of GetawayPlanners.com.

ELECTRONIC COMMUNICATIONS

When you visit GetawayPlanners.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this site, including, without limitation, all text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of GetawayPlanners℠ or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GetawayPlanners℠ and is protected by U.S. and international copyright laws.

TRADEMARKS

In addition, GetawayPlanners.com graphics, logos, page headers, scripts, and service names are trademarks, service marks, registered marks and/or “trade dress” of GetawayPlanners℠ in the U.S. and/or other countries. GetawayPlanners’℠ trademarks, service marks, registered marks and trade dress may not be used in connection with any product or service that is not GetawayPlanners’℠ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GetawayPlanners℠. All other trademarks, service marks, registered marks or trade dress not owned by GetawayPlanners℠ that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GetawayPlanners℠ .

LICENSE AND SITE ACCESS

GetawayPlanners℠ grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express prior written consent of GetawayPlanners℠. This license does not include any resale or commercial use of this site or any of its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this site or any portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of GetawayPlanners℠. You may not frame or utilize framing techniques to enclose any trademark, service mark, registered mark, logo, or other proprietary information (including, without limitation, any images, text, page layout, or form) of GetawayPlanners℠ without its express prior written consent. You may not use any meta tags or any other "hidden text" utilizing GetawayPlanners’℠ name or trademarks, service marks and/or registered marks without the express prior written consent of GetawayPlanners℠. Any unauthorized use terminates the permission or license granted by GetawayPlanners℠. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GetawayPlanners.com so long as the link does not portray GetawayPlanners℠, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GetawayPlanners℠ logo or other proprietary graphic or trademark, service mark and/or registered mark as part of the link without GetawayPlanners’℠ express prior written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years old, you may use GetawayPlanners.com only with the involvement and consent of a parent or legal guardian. GetawayPlanners℠ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

PRODUCT DESCRIPTIONS

GetawayPlanners℠ attempts to be as accurate as possible. However, GetawayPlanners℠ does not warrant that product/service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. GetawayPlanners℠ is not responsible for the accuracy or completeness of vendor service information. In addition, we may provide links to the sites of affiliated companies. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. GetawayPlanners℠ does not assume any responsibility or liability for the actions, products, and/or content of these or any other third parties. You should carefully review their privacy statements and other conditions of use.

SERVICE LIABILITY

Reservations:

GetawayPlanners℠ is not liable for reservation or cancellation errors or miscommunication between consumers and vendors.

Activity/service liability:

Acceptance of services is an acceptance of the limitation of liability described below: GetawayPlanners℠ will only recommend vendors which have a high quality reputation, however, GetawayPlanners℠ is not responsible for any vendor's quality of services, injury, loss or damage of property, or any other supplier-related service, loss, or injury or, loss from natural disasters, acts of God, or acts of terrorism. Client agrees to indemnify & hold harmless GetawayPlanners℠ from any and all loss, injury, and/or liability or any kind, sort or type whatsoever, which may result from or by any failure to perform by vendors.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GETAWAYPLANNERS℠ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GETAWAYPLANNERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GETAWAYPLANNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GETAWAYPLANNERS DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM GETAWAYPLANNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GETAWAYPLANNERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE FOREGOING NOTWITHSTANDING, THIS TERM OF USE AGREEMENT SHALL BE SUBJECT TO, AND INTERPRETED BY, THE INTERNAL LAWS OF THE STATE OF COLORADO TO THE FULLEST EXTENT PERMISSIBLE AND ANY AND ALL CLAIMS OR DISPUTES SHALL BE DETERMINED IN THE STATE OF COLORADO SUBJECT TO THE INTERAL LAWS OF THE STATE OF COLORADO.

DISPUTES

Any dispute or claim relating in any way to your visit to GetawayPlanners.com or to products or services sold or distributed by GetawayPlanners℠ or through GetawayPlanners.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Colorado Uniform Arbitration Act, and Colorado arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. Such letter must be sent via United States Mail, Certified Mail, return receipt requested, and addressed to GetawayPlanners℠ at the following address: GetawayPlanners℠, P.O. Box 8041, Avon, Colorado 81620. Any and all claims must be received by GetawayPlanners℠ within sixty (60) days of the date the services complained of were rendered. Any/all such arbitration shall take place at the offices of Judicial Arbiter Group, Denver, Colorado and shall be conducted before a single arbiter agreeable to both parties. If a single arbiter cannot be agreed upon, each party shall select one (1) arbiter from Judicial Arbiter Group’s panel of arbiters and the two so selected shall choose a third who shall hear the dispute. The parties shall equally bear the costs of arbitration; provided however, that such costs and reasonable attorney fees and costs shall be recoverable by the prevailing party from the non- prevailing party. For purposes of this paragraph, “prevailing party” shall mean that party prevailing upon at least fifty-one percent (51%) of its monetary claim or, if no monetary claim is advanced, then that party prevailing upon the “essence” of its claim as determined by the arbiter of the dispute. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, “mass”, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By visiting GetawayPlanners.com, you agree that the Colorado Uniform Arbitration Act, and the internal laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any and all disputes of any sort that might arise between you and GetawayPlanners℠.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

GetawayPlanners℠

P.O. Box 8041

Avon, CO 81620