Terms of Use

These Terms of Use (“Terms”) govern all relations and transactions between the reader/user (“You” or “Your”) and Friendly Rock, LLC d/b/a West with Kids, a Colorado limited liability company and its officers, directors, members, managers, and employees (“Us” or “Our”) and Our related websites and materials, including without limitation travel articles, travel planning tools, and travel itineraries and related services (the “Resources”).

Use of any Resources created or provided by Us constitutes Your acceptance of these Terms and a binding contract between You and Us. If this is not acceptable, You should immediately stop using the Resources. As long as you comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to use the Resources.

We reserve the right, at any time, and at our discretion, to amend, modify, alter, update, or otherwise change these Terms, which changes shall be effective immediately upon publication in any of the Resources reasonably available to you at the time of publication. Your continued use of the Resources constitutes your acceptance of the changes. These Terms may not be amended except as provided in this section.

1. Copyright and Content

All text, graphics, photographs, trademarks, logos, (the “Resource Content”), is owned, controlled or licensed by or to Us, and is protected by applicable intellectual property laws.

Except as expressly provided in these Terms of Use, no Resource Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

You may use information about Our products and services (such as travel itineraries, articles, and similar materials) purposely made available by Us for purchase or download, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such Resources.

2. Use of Resources

You may not use the Resources for any purpose that is unlawful or prohibited by these, or to solicit the performance of any illegal activity or other activity which infringes the rights of Us or others.

You may not use any “deep-link”, “scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Resources, or in any way reproduce, obtain, or attempt to obtain any materials, documents or information through any means not purposely made available by Us.

You agree that We may, in our sole discretion and without prior notice, terminate your access to the Resources and/or block your future access to the Resources if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Resources, or if requested to do so by a lawful governing authority. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Us, for which monetary damages would be inadequate, and you consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies We may have at law or in equity.

If We take any legal action against You as a result of your violation of these Terms of Use, We will be entitled to recover from You, and You agree to pay, all reasonable attorney fees and costs of such action, in addition to any other relief granted to Us. You agree that We will not be liable to you or to any third party for termination of your access to the Resources as a result of any violation of these Terms.

2.a. Availability of Resources

We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Resources, or any portion of the Resources, for any reason; (2) to modify or change the Resources, or any portion of the Resources, and any applicable policies or terms; and (3) to interrupt the operation of the Resources, or any portion of the Resources, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

3. Disclaimers

WE DO NOT PROMISE THAT THE RESOURCES, OR ANY SERVICE OR FEATURE OF THE RESOURCES, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE RESOURCES WILL PROVIDE SPECIFIC RESULTS OR WILL PROVIDE FREEDOM FROM HARM, ACCIDENT, OR INJURY.

ALL OUR RESOURCES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED IS SUBJECT TO CHANGE WITHOUT NOTICE.

WE CANNOT ENSURE THAT ANY RESOURCES YOU DOWNLOAD BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE RESOURCES AND/OR ANY OF OUR SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE RESOURCES.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE RESOURCES IS TO STOP USING THE RESOURCES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimers apply to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of Resources, whether arising from or claimed within breach of contract, tort, negligence or any other cause of action.

4. Limitation of Liability

Except where prohibited by law, in no event will We be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if We have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms, We are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Resources, Our liability shall in no event exceed the greater of (1) the total of fees paid by You or on your behalf with respect to any Resource, paid in the six months prior to the date the claim arose or the existence of a claim should have been reasonably known to You, or (2) US $100.00 (one hundred dollars). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

5. Indemnification

You agree to indemnify and hold harmless Us, including without limitation our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including attorney fees), made against Us by any third party due to or arising out of or in connection with your use of the Resources.
6. Third Parties

Our Resources may include links to Internet sites, products, promotions, information, vendors, and other resources that are owned and operated by third parties. You acknowledge that We are not responsible for the availability of, or the content located on or through, any such third-party resource. Your use of third-party sites is subject to the terms of use and privacy policies of each site. You agree that We are not liable for any claims, of any kind, arising out of Your use of any third-party resource. You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorney fees), made against Us by any third party due to or arising out of or in connection with your use of the third-party resources.

We make no representations or warranties whatsoever with regard to any product or service offered by any third party. You acknowledge that any reliance on representations and warranties provided by any third party is entirely at your own risk.

Third-party trademarks displayed in the Resources belong to their respective owners, and the mention, display, or discussion of third parties constitute neither an endorsement nor a recommendation by Us of those parties, nor of their goods or services.

7. Personal Information

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Resources, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Our rights or property, or the rights or property of visitors to or users of the Resources, including Our customers.

We reserve the right at all times to disclose any information that We deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when We determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that We may preserve any transmittal or communication by you with Us and may also disclose such data if required to do so by law or We determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that the rights of others have been violated, or (4) protect the rights, property or personal safety of Us, You, or the public.

8. Jurisdiction

All matters relating to your access to or use of the Resources, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions.

You submit to the personal jurisdiction of, and venue in, the state and federal courts in Jefferson County, Colorado, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or the existence of a claim should have been reasonably known to You, or such claim or cause of action is barred. No recovery may be sought or received for damages other than those expressly permitted by these Terms.

In the event of any controversy or dispute between Us and You arising out of or in connection with your use of the Resources, the parties shall attempt, promptly and in good faith, to resolve any such dispute by informal means. If We and You are unable to resolve any such dispute within 30 days, then either party may submit such controversy or dispute to mediation in Jefferson County, Colorado. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue such other right or remedy available to them under applicable law, to the extent permitted by of these Terms.

9. Entire Agreement; Voidability

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

These Terms constitute the entire agreement between you and Us with regard to your use of the Resources, and any and all other written or oral agreements or understandings previously existing between you and Us with respect to such use are hereby superseded and cancelled.

Other than as provided in a purchase agreement you enter into with Us, We will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Us of any provision or any right We have enforce these Terms, nor shall any course of conduct between Us and You or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.