TERMS AND CONDITIONS

TERMS OF USE

Welcome to Simply Altitude!  Simply Altitude (referred to as “us” or “we”) provides the www.simplyaltitude.com website. (referred to as the “Site”).  These Terms and Conditions outline the rules and regulations for the use of our Site.  In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms of use in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

Please read the Terms and Conditions along with our Privacy Policy before you start to use our Site.  By accessing or using this Site, you agree to be bound and abide by these Terms and Conditions and our Privacy Policy.  Do not continue to use Simply Altitude's Site if you do not accept these Terms and Conditions and our Privacy Policy.  The Terms and Conditions and Privacy Policy constitute the “User Agreement”.

These Terms and Conditions are effective as of July 31, 2019. Simply Altitude has the right to update the terms and conditions at any time. You acknowledge and agree that it is your responsibility to review this Site and these Terms and Conditions periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgment and agreement of the modified Terms and Conditions and to abide and be bound by the modified Terms and Conditions.

IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS ALONG WITH OUR PRIVACY POLICY, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY CONTENT, GOODS, SERVICES, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR GOODS OR SERVICES.

Your access to and use of this Site constitutes acceptance of these terms.

By accessing our Site, you hereby affirm that you have the authority, right, and capacity to enter into the following Terms and Conditions.  If you are under 18 years of age, your parent or legal guardian must read, understand, and agree to these Terms and Conditions on your behalf before you may access and use this Site.  If you do not agree to these Terms and Conditions or have not obtained your parent or legal guardian’s consent, do not access or use this Site.  DO NOT access or use this Site if you are under the age of 13.

If you violate the Terms and Conditions or Privacy Policy in any way, your right to access the Site may be terminated. These Terms will remain in full force and effect while you access and use the Site. Simply Altitude reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that Simply Altitude will not be liable to you or to any third party for any suspension, modification, or discontinuation of the Site or any part thereof.

If any provision of the Terms and Conditions or Privacy Policy is declared invalid or unenforceable, the remaining provisions of the Terms and Conditions and Privacy Policy will remain in effect and enforceable. Any invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

SITE CONDUCT

Your use of the Site is subject to any applicable federal, state, local, or international laws, rules or regulations. As a condition of using our Site, you agree to refrain from any and all activities that are prohibited by these Terms and Conditions.  You are solely responsible for all of your activity and you shall not (and shall not permit any third party to) post, publish, submit or otherwise disseminate through the Site any content or other information:

  • that you know is false, misleading, or inaccurate;

  • that is illegal, threatening, abusive, bullying, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, offensive, indecent, profane, hateful, racist, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

  • that impersonates any person or entity, including any of our employees or representatives;

  • that infringes on any patent, trademark, trade secret, copyright, right of publicity, privacy or other legal right of any party;

  • that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (ie. “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  • that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any hardware, software, or telecommunications equipment or to obtain unauthorized access to any system, data, password or other information of ours or of any third party;

  • that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;

  • that runs any form of auto-responder or "spam" on the Site; use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site to include scraping Site content;

  • that attempts to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;

  • that attempts to decipher, decompile, or reverse engineer any of the software or other underlying code used to provide the Site;

  • that is an action in violation of our guidelines and policies.

Certain areas of the Site allow users to post and exchange opinions, information, material and data (including Comments). You are solely responsible for your interactions with other users of the Site, whether online or offline.  Simply Altitude does not screen, edit, publish or review Comments prior to their appearance on the Site and Comments do not reflect the views or opinions of Simply Altitude, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. You agree that Simply Altitude is not responsible or liable for the conduct of any user.

Simply Altitude reserves the right to monitor and restrict activity on the Site, but has no obligation to monitor or become involved in disputes between you and other users. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content

Users that do not adhere to our Terms and Conditions may be restricted from interacting with Simply Altitude online, via phone, or with chat tools. We reserve the right to remove or “ban” users that fail to follow our acceptable use policies from using our social media properties. We reserve the right to refuse, terminate, or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions. Upon termination, all licenses and other rights granted to you in these Terms and Conditions will immediately cease.  

You hereby grant to Simply Altitude a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

INTELLECTUAL PROPERTY RIGHTS

For these Terms and Conditions, “Content” includes, without limitation, information, communication, software, graphic, photos, videos, sound, music, and other material that can be viewed by users on our Site.  This includes, but is not limited to, message boards, chat, and other original content. 

Unless other stated, Simply Altitude and/or it's licensors own the intellectual property rights for all Content on Simply Altitude. All intellectual property rights are reserved. We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Site solely for your own personal, non-commercial use and for lawful purposes in accordance with these Terms and Conditions and our Privacy Policy. We allow you to view, print, download, and display Content locally, to the extent we hold such rights, solely for purposes of using the Site. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Site is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

The Site may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.  Unauthorized access to or use of the Site or the Content is a breach of these Terms and Conditions and will be subject to Simply Altitude’s and/or those third party’s full legal rights and remedies.

Simply Altitude respects the intellectual property rights of others, and we prohibit users of our Site from posting, uploading or otherwise transmitting any material that violates another’s intellectual property rights.  If you believe any copyright, trademark, or other property right has been infringed on by posting to this Site, please Contact Us.

  • License Grant. By submitting User Content through our Site, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, perpetual, sublicensable and transferable license to use, modify, reproduce, distribute, display, and otherwise fully exploit the User Content in connection with the Site, and our businesses, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels (including, without limitation, third party websites and feeds). The foregoing license grant includes our right to distribute, display, and otherwise use the User Content (including, without limitation, your name, likeness, or photograph) in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights.

THIRD PARTY LINKS

Our Site contains links to other websites or references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, functions, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  We accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.

You may link to our Site provided you do so in a way that is legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent. You may not use any third-party platforms, other than your own website or your own social media pages, to link to or distribute the Content, unless previously agreed upon in writing by you and Simply Altitude.

The Site may provide certain social media features that enable you to: (i)link from your own or certain third-party websites to certain content on our Site; (ii) send communications with certain content, or links to certain content, using the Site; (iii) or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and must not otherwise: (i) establish a link from any website that you do not own; (ii) cause the Site or portions of it to be displayed on, or appear to be displayed by, any other Site (for example, scraping, framing, deep linking, or in-line linking); (iii) take any action regarding the Site that is inconsistent with these Terms and Conditions.

We may disable any social media features and any links at any time without notice in our sole discretion.

CONTENT AVAILABILITY

We do not guarantee that any Content will be made available on the Site. We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms and Conditions or Privacy Policy), or for no reason at all.  We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

USER CONTENT

Any material you add to the Site or social media platforms associated with Simply Altitude, including but not limited to photos and comments on our blog, recipe and product ratings and reviews, Facebook, Instagram, Twitter etc. (“User Contributions”) will become a part of the Site and may be used for our marketing purposes.  We reserve the right to delete or remove any obscene, abusive, or other objectionable, inaccurate or misleading materials posted to our Site and to our social media properties.  You warrant and represent that (i) all of your User Contributions comply with these Terms and Conditions; (ii) you acknowledge that you are responsible for any User Contributions you submit or contribute, and you have fully responsibility for such materials, including its legality, accuracy, and appropriateness; (iii) you own rights to the User Contributions posted by you on the Site or otherwise have the right to grant the licenses and rights set forth in these Terms and Conditions; (iv) we are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Site.

USE OF SITE AND STORAGE MATERIAL

You acknowledge that we may establish general practices and limits concerning use of our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf.

We provide storage space and access for material through our Site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this Site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Site Conduct” above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your account. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

Our user accounts operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree to indemnify us for any damage to, any deletion, modification of or any failure to store your data or a third-party beneficiaries’ data or User Contribution files and from any suspension, or discontinuation of the Site.

WARRANTY DISCLAIMER

THE SITE AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON INFRINGEMENT. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF SIMPLY ALTITUDE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SITE COULD INCLUDE TYPOGRAPHICAL ERRORS, TECHNICAL OR OTHER MISTAKES, OR OTHER INACCURACIES. WE MAY MAKE CHANGES TO THE MATERIALS AND CONTENT ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR CONTENT ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR CONTENT.

Simply Altitude does not warrant that the functions of content contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that our servers are free of viruses or other harmful components through use or downloading material from the Site. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Simply Altitude. Simply Altitude does not endorse, approve, or verify any posted content on the Site and Simply Altitude shall not be responsible or liable whatsoever in any manner for any content posted on the Site (including claims of infringement relating to content posted on the Site, for your use of the Site, or for the conduct of third parties whether on the Site or relating to the Site. 

Your use of the Site and its content is at your own risk. Except to the extent required by applicable law and then only to that extent, in no event will Simply Altitude be liable to you on any legal theory for any incidental, direct or indirect, punitive, special, actual, consequential, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Site (or termination thereof for any reason), even if Simply Altitude has been advised on the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Simply Altitude, its affiliates, subsidiaries, licensees, vendors, partners, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) that arise from or relate to your violation of these Terms and Conditions and Privacy Policy. You also agree to indemnify and hold harmless Simply Altitude from and against any and all claims brought by third parties arising out of your use of the Site and the content you make available on the Site by any means, including without limitation through a posting, link, references to said content, or otherwise. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE NOR OUR AFFILIATES, NOR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR LOSS OF DATA RESULTING THEREFROM.  IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY OF THE SIMPLY ALTITUDE PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SIMPLY ALTITUDE PARTIES SHALL IN NO EVENT EXCEED $100 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GOVERNING LAW

This Site (excluding any linked sites) is controlled and managed by us from within the State of Colorado, United States of America. Should any dispute or controversy arise out of or relating to these Terms and Conditions, Privacy Policy or the www.simplyaltitude.com website, it shall be subject to the jurisdiction and venue of the State and Federal Courts in Colorado, and shall be governed by the laws of Colorado without regard to its conflict of law provisions.

ENTIRE AGREEMENT AND SEVERABILITY

The Terms and Conditions and Privacy Policy constitute the entire agreement between you and us regarding the access and use of the Site, and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties, whether written, oral or electronic, regarding the Site. The Terms and Conditions and Privacy Policy may NOT be altered, amended, or supplemented by the use of any other documentation. If any provision of the Terms and Conditions or Privacy Policy is found to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.   

MISCELLANEOUS

Any failure by us to exercise or enforce any provision of these Terms and Conditions, Privacy Policy or related rights shall not constitute a waiver of that provision or right.  The section titles in these Terms and Conditions are for convenience only and have no contractual or legal effect.

Although this Site may be accessible worldwide, we make no claims that materials on this Site are appropriate or available for use in areas outside of the United States, and accessing them from territories where their contents are illegal is prohibited. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.

The Site may occasionally contain errors, including unclear recipe directions, incorrect pricing, or inaccurate photos. We will make reasonable efforts to correct and update mistakes as we discover them, without notice and without liability for any issues they may have caused prior to their correction.

We 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 the Site or delivering them to you through email, if you have previously provided your email address to us. If you do not provide us with accurate information, we cannot be held liable if you do not receive notice.

By using the Site, you represent and warrant that you are of legal age to form a binding contract with Simply Altitude and meet all of the eligibility requirements in these terms.

Please Contact Us if you have any questions regarding these Terms and Conditions.