Terms of Use

Website Terms of Use

Welcome to our website. This Site is maintained as a service to our customers.

Agreement

Please read these terms and conditions carefully before using this Site. This is a binding legal agreement between you and PARC ASPEN LLC, a Colorado limited liability company (“PARC Aspen”, “we”, “our” or “us”) headquartered at its “PARC ASPEN” restaurant location at 620 E. Hyman Avenue, Aspen, Colorado 81611 (the “Restaurant”). Accessing and continuing to use the Site, you agree to each and every one of these terms and conditions. Please do not use the Site if you do not agree to each and every one of these terms and conditions.

This Website Terms of Use agreement ("the "Agreement") specifies the terms and conditions for access to and use of website www.parcaspen.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.parcaspen.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

PARC Aspen LLC is a Colorado limited liability company ( “PARC Aspen”, “we”, “our” or “us”) headquartered at its “PARC ASPEN” restaurant location at 620 E. Hyman Avenue, Aspen, Colorado 81611 (the “Restaurant”) provides this in connection with its Restaurant available to visitors located throughout the world. Our Site is controlled and operated from the United States and are subject to United States law.

Information

All content included on this Site is and shall continue to be the property of PARC Aspen or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

The content and information displayed on the Site is and shall continue to be the property of PARC Aspen or its content suppliers (collectively referred to as “PARC Aspen Information”) and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of PARC Aspen Information or any part of the Site is prohibited, except as expressly permitted in this Agreement.

Use of Site

The services of the Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Site, you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You also warrant that you are legally authorized to make restaurant reservations and purchases for either yourself or for another person for whom you are authorized to act.

We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.

You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. You agree that you will not use the Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You agree not to create a hypertext link from any website controlled by you or otherwise, to the Site without the express written permission of PARC Aspen. You agree that you will not use our Site for any purpose that is illegal, unlawful, or prohibited by this Agreement You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Site in any way, including, without limitation, through the use of any device, software or other instrumentality, any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure or use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Site or the PARC Aspen Information contained therein, or any aspect of the Site or the PARC Aspen Information, without our prior express consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Site). You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of PARC Aspen or any third party that provides services related to the Site. Your use of this website is at our discretion and we may terminate your use of this Site at any time.

User Feedback

By submitting any ideas, comments, suggestions or other information: to PARC Aspen related to improvements to the Site or services related to the Site; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, PARC Aspen's property. None of the Feedback shall be subject to any obligation of confidentiality on PARC Aspen's part and PARC Aspen shall not be liable for any use or disclosure of any Feedback. PARC Aspen shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.[LT3] [CC4]

Monitoring

You agree that PARC Aspen has no obligation to but may monitor and review information you transmit over the Site. You agree that PARC Aspen may censor, edit, remove or prohibit the transmission or receipt of any information that PARC Aspen deems inappropriate or in violation of this Agreement, and use any such information as necessary to provide the Site or to protect the rights or properties of PARC Aspen. You agree that PARC Aspen may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

You may not use our Site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of this Agreement.

You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

Passwords

Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of this Agreement.

Privacy

When using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into this Agreement posted at available at https://www.parcaspen.com/privacy-policy.

Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND PARC ASPEN INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE AND/OR PARC ASPEN INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR PARC ASPEN INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

Indemnification

You agree to indemnify, defend and hold harmless PARC Aspen and its affiliates, licensors, service providers, content providers, members, managers, officers, employees, agents, and representatives (collectively, “PARC Aspen Parties”) from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PARC ASPEN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARC ASPEN PARTIES HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL ( (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the disclaimers, exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

IN THE EVENT PARC ASPEN IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of this Agreement by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

Confidentiality

With respect to all communications you make to us regarding PARC Aspen Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Inaccuracies and Errors

PARC Aspen Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. PARC Aspen does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. PARC Aspen reserves the right to make changes, corrections, cancellations and/or improvements to PARC Aspen Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(d) Your address, telephone number, and email address;

(e) 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

(f) 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.

(g) Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:

By Mail: [address]

By Phone: [phone number]

By Email: [e-mail address]

Mis-Communications / Lost Transactions

PARC Aspen and any other providers of products or services related to the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, PARC Aspen and any other providers of products or services related to the Site are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. PARC Aspen and any other providers of products or services related to the Site may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

You agree that neither PARC Aspen nor any other providers of products or services related to the Site are responsible for any damages that may arise as a result of any restaurant reservations or other arrangements and orders you request or make on the Site which are not processed or accepted for any reason.

No Arrangements for Prohibited Persons

PARC Aspen LLC. is a United States company and is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries or territories, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at, use or tour any PARC Aspen facilities.

Third-Party Sites

This Site uses functionality provided by third-party providers. Any use of the maps functionality on this Site shall be governed by the End User Terms of Use for the applicable maps application. Any use of the reservations functionality on this Site shall be governed by terms and conditions for the applicable maps application which may include the OpenTable Terms of Use[LT6] [LT7] [CC8] at https://www.opentable.com/legal/terms-and-conditions. PARC Aspen shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party application.

If you choose to leave our Site via links to other third-party websites including those described in the preceding paragraph and those of advertisers, this Agreement and our Privacy Statement will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that PARC Aspen is not responsible for the availability of such third-party sites or resources, and that PARC Aspen does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.

Governing Law

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement may be filed only in the state or federal courts located in the State of Colorado, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

Arbitration

Except with respect to any claim or dispute involving the ownership, validity or use of any PARC Aspen trademarks or service marks, any dispute arising out of or related to the Site (including any claim that any provision of this Agreement are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). PARC Aspen shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Aspen, Colorado and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) will be governed by it and not by any state arbitration law. You and PARC Aspen waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and PARC Aspen waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in this Agreement, as a court would.

In reaching his or her decision, the arbitrator shall follow this Agreement, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

Limitations Period. Any and all claims and actions arising out of or relating to the Site shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

Class Action Waiver. You agree that you will not file a class action against PARC Aspen or participate in a class action against PARC Aspen. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against PARC Aspen.

Relationship of the Parties

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement

This Agreement constitutes the entire agreement between you and us and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. We may revise this Agreement at any time by updating this Agreement and posting it on Site. Accordingly, you should visit the Site and review this Agreement periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.

Questions

If you have any questions regarding this Agreement, please contact us at management@parcaspen.com.