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Terms of Use

The promontoryclub.com website (collectively, “website”) is owned and operated by Promontory Development, LLC, Promontory Investments, LLC d/b/a The Promontory Club, Utah 7000 Cabins, LLC d/b/a Promontory HOMES and Promontory Management, LLC d/b/a Promontory Home Servies (“Promontory,” “we” or “us”). Promontory has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms and conditions governing your use of the website. If you do not agree to these Terms of Use please do not use the website. We may at any time, at our sole discretion, revise or otherwise update these Terms of Use by posting an amended Terms of Use on the website; any changes that we make to these Terms of Use will be effective immediately upon posting.

The policy set forth is provided in English only to avoid any misinterpretations caused by a language translation. If necessary, please seek the proper advice, or please do not use this site.

Disclaimers and Terms of Use

The general purpose of this Web Site is to provide you with access to information about the Promontory Club, the Promontory Conservancy, employment opportunities with us, real estate opportunities with us, and related links to information (the “Content”). Please read our Terms of Use (the “Terms”) carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.


Restrictions on Use of Materials

Promontory makes available the information and materials on the website (the “Materials”) for general informational purposes only.

If you communicate through this website, remember that it is not confidential. In addition, unsolicited e-mails and information sent to us will not be considered confidential, and may be disclosed to others pursuant to our Privacy Policy.

You acknowledge that the website may contain information, software, photos, video, text, graphics, music, sounds or other material provided by us or third parties that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

Rules of Use

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the website and/or any Materials. In addition, your use of the website is conditioned on your compliance with the following rules. You agree not to:

  • Use the website for any fraudulent or unlawful purpose
  • Impersonate any person or entity, including, but not limited to, any Promontory employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the website
  • Transmit or otherwise make available in connection with the website any virus, worm, Trojan Horse, or other harmful code.
  • Restrict or inhibit any other person from using the website, including by means of hacking or defacing any portion of the website.
  • Interfere with or violate any other website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about website visitors or users, or about Promontory staff, other employees and representatives identified on the website, without their express consent.
  • Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the website or the Materials.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.
  • Frame or mirror all or any part of the website without our prior express written authorization.

Promontory Trademarks, Copyrights and Restrictions

All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Promontory  or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Promontory. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Promontory or the Providers. You may request consent by contacting the Promontory Legal Department at 435-333-4600.

Without the prior written consent of Promontory or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of Promontory  and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Promontory  that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Web Site hosting service provider. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice.

Promontory retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Promontory. 


Links

The website may provide, or third parties may provide, links to other websites on the Internet or resources. Because we have no control over such sites and resources, you acknowledge and agree that Promontory is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Warranties 

THE WEBSITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. PROMONTORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, PROMONTORY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND 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.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROMONTORY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROMONTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL PROMONTORY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

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.

Indemnification

You agree to defend, indemnify and hold harmless Promontory, its affiliates and its suppliers, and each of their respective partners, shareholders, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the website; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Web Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

Jurisdictional Issues

The website is controlled and operated by Promontory from its principal office in Park City, Utah, USA, and is not intended to subject Promontory to the laws or jurisdiction of any state, country, or territory other than that of the state of Utah. Promontory does not represent or warrant that the website or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the website or Materials do so on their own initiative and at their own risk and are responsible for complying with local laws. We may limit the website’s availability to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.

Governing Law and Forum

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Utah, USA, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITE, ITS USE OR THESE TERMS OF USE, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN SUMMIT COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Miscellaneous Terms

If any provision of these Terms of Use is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. A party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.

Copyright and Copyright Notices

Promontory 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, please provide Promontory’s Copyright Agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Web Site;
  • Your address, telephone number, and email address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact Promontory’s Copyright Agent for Notice of Claims of copyright infringement.

Entire Agreement

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Sotheby’s International Realty Affiliates LLC, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding the last published Terms of Use shall prevail.