Agreement between User and Extreme Arizona

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT.

This Website is offered to you by Extreme Arizona, 6061 E. Cave Creek Road, Cave Creek, Arizona, 85331 on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Website. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. Extreme Arizona reserves the right to change the terms, conditions and notices under which this Website is offered at any time at its sole discretion.

Personal and Non-Commercial Use
This Website is for your personal, non-commercial use. You may view and download information on this Website for your own personal use as long as you maintain all copyright and other notices contained in or associated with the content. You may not copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information obtained from this Website or use the information for any public or commercial purpose.

Unlawful and Prohibited Use
You warrant to Extreme Arizona that you will not use this Website for any purpose that is unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Website.

Prohibited Activities
If this Website contains chat areas, forums, communities, bulletin board services, news groups, e-mail service or other message or communication facilities, you agree not to use the Website to:

Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "SPAM," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized in writing by Extreme Arizona.
Disrupt or interfere with the operation of the Website or any servers or networks connected to the Website service.
Violate any applicable local, state, national or international law.
Collect or store personal data about other users.
Access Restriction
Extreme Arizona may, in its sole discretion, deny any user access to this Website or any portion of the site without notice.

Indemnity
You agree to indemnify and hold Extreme Arizona, its advertisers and any other third parties mentioned on this site harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this Website or any breach of any representation or warranty made by you in this Agreement.

Use of Information and Messages
Extreme Arizona may use and disclose any information and material received from you, or collected through your use of the site, for any lawful reason or purpose. By posting messages or engaging in other communication to the Extreme Arizona Website, you grant to Extreme Arizona a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against Extreme Arizona for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

Links to Other Websites
This Website may contain links to other Websites operated by parties other than Extreme Arizona. The links are provided for your convenience only. Extreme Arizona does not control the other Websites and is not responsible for the content on such Websites. By offering links, Extreme Arizona is not implying that it endorses anything contained on such Websites or has any association with the operators of those Websites. If you access any links to other Websites, you do so entirely at your own risk.

Liability Disclaimer
Extreme Arizona, its advertisers and any other third parties mentioned on this Website make no representations about the reliability, accuracy, suitability or timeliness of the information, products or services contained on this Website. All information, products and services are provided "AS IS" without Warranty of any kind. Extreme Arizona, its advertisers and any other third parties mentioned on this Website hereby disclaim all Warranties and Conditions with regard to the information, products and services, including all implied Warranties and Conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Extreme Arizona, its advertisers or any other third party mentioned on this Website be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages whatsoever. Without limiting the foregoing sentence, Extreme Arizona, its advertisers and any other third parties mentioned on this Website shall not be liable for any damages for loss of data, loss of profits, or loss of use in any way connected with the use or performance of this Website, the delay or inability to use this Website, or for any information, products or services obtained through this Website. Extreme Arizona, its advertisers and any other third parties mentioned on this Website shall not be liable for any such damages, whether based on contract, tort, strict liability or otherwise, even if Extreme Arizona has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this Website or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Website.

Relationship
Other than personally identifiable information, you acknowledge and agree that communications and transmission to and from the Extreme Arizona Website are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and Extreme Arizona other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and Extreme Arizona as a result of this Agreement or use of this Website.

General
This Agreement is governed by the laws of the United States and of the State of Arizona. You consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona U.S.A. in all disputes arising out of, or relating to, use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Website and this Agreement, including this paragraph. If you access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.

This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Website. It supersedes all prior oral or written understandings and agreements relating to use of this Website. Extreme Arizona’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.

Copyright and Trademark Notices
All contents, such as text, graphics, logos, icons, images, audio or video clips, software, site design and the selection and assembly of them, of this Website are Copyright © 2004 Extreme Arizona. All rights reserved. These contents are the sole property of Extreme Arizona. Such property is protected by United States and International Copyright Laws. All rights not expressly granted in this User Agreement are reserved. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance or adaptation of the content is strictly prohibited. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

The Extreme Arizona name and logos (referred to as "marks") on this Website are proprietary to Extreme Arizona. These marks may not be used in connection with any product or service other than Extreme Arizona products or services. The marks may not be used in any manner that is likely to cause confusion among customers or potential customers of Extreme Arizona. The marks may not be used in any manner that disparages or discredits Extreme Arizona or in any manner not expressly authorized by Extreme Arizona.

All other company names, brand names, product names, and service names used on this Website are trade names, service marks, trademarks, or registered trademarks of their respective owners.

Linking to this Website
We encourage linking to the Extreme Arizona Website. All we ask is that you notify us and comply with the following:

Do not frame or border the Extreme Arizona Website in any way.

Do not copy, mirror or otherwise duplicate the Extreme Arizona Website content.
Do not imply any endorsement by Extreme Arizona.
Do not misrepresent any relationship with Extreme Arizona.
Do not provide false or misleading information about Extreme Arizona.
Do not link to the Extreme Arizona Website if your Website contains content that could be considered offensive, inappropriate or unsuitable for viewers of any age.
Do not link to the Extreme Arizona Website for the purpose of selling any products or services without prior written authorization from Extreme Arizona.

Revised January 1, 2007