March 30, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THIS WEBSITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
Inn at Lost Creek (“Inn at Lost Creek”), located at 119 Lost Creek Lane, Mountain Village, Colorado 81435, provides this Website available to visitors located throughout the world. This website is controlled and operated from the United States and is subject to United States law.
The content and information displayed on this Website are the property of The Inn of Lost Creek and are collectively referred to as “Inn of Lost Creek Information.” The downloading, reproduction, or re-transmission of Inn of Lost Creek Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by The Inn of Lost Creek or by travel agents for business-only purposes in accordance with the Travel Agent section below.
The services of the Website are available only to individuals who can form legally binding contracts under applicable law, and thus are not available to minors. You may only use this Website if you are at least eighteen (18) years of age and can form legally binding contracts under applicable law. By using this Website, you represent that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of its use. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
This Website is to be used by you for your personal use only. You agree that you will not use this Website 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. In addition, you agree not to create a hypertext link to this Website from any website controlled by you or otherwise without the express written permission of The Inn of Lost Creek. 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 The Inn of Lost Creek or any third party that provides services related to this Website.
The Inn of Lost Creek reserves the right, at its discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. The Inn of Lost Creek will display the effective date of these Terms and Conditions at the top of this page.
By submitting any ideas, comments, suggestions or other information to The Inn of Lost Creek related to improvements to this Website or related services (collectively “Feedback”), you agree that such Feedback shall be deemed, and shall remain, property of The Inn of Lost Creek. None of the Feedback shall be subject to any obligation of confidentiality on behalf of The Inn of Lost Creek, and The Inn of Lost Creek shall not be liable for any use or disclosure of any Feedback. The Inn of Lost Creek 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.
Unless expressly stated otherwise, the content included on this Website, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of The Inn of Lost Creek or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of this Website, other than a right to review the content using a conventional Internet browser, app, or other platform or device to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on this Website, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without The Inn of Lost Creek’s prior, express written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of this Website (or any part of its content) is strictly prohibited.
This Website contains trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of The Inn of Lost Creek. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of The Inn of Lost Creek is granted to or conferred upon you.
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on its infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy this Website or the Inn of Lost Creek Information contained therein, without the prior express consent from an authorized representative of The Inn of Lost Creek. Such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website. Furthermore, you agree that you will not use this Website for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of this Website in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
You agree that The Inn of Lost Creek has no obligation to but may monitor and review information you transmit over this Website. You agree that The Inn of Lost Creek may censor, edit, remove or prohibit the transmission or receipt of any information that The Inn of Lost Creek deems inappropriate or in violation of these Terms and Conditions and use any such information as necessary to protect the rights or properties of The Inn of Lost Creek. You agree that The Inn of Lost Creek may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use this Website in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. The Inn of Lost Creek reserves the right in its sole discretion to revoke or deny your access to this Website, including, without limitation, if you violate any of the provisions of these Terms and Conditions.
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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE INN OF LOST CREEK 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. THE INN OF LOST CREEK MAKES NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT THIS WEBSITE AND/OR THE INN OF LOST CREEK INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. THE INN OF LOST CREEK IS 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 THIS WEBSITE AND/OR THE Inn of Lost Creek INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
This Website may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions (“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 these Terms and Conditions.
You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. You may not make reservations for any other purpose, including without limitation for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms, or in an attempt to circumvent practices or policies of The Inn of Lost Creek. You may not use this Website to make reservations related to any commercial activity (unless specifically permitted by The Inn of Lost Creek) or any unlawful activity. Reservations made, sold or transferred in violation of these Terms and Conditions may be cancelled without advance notice in The Inn of Lost Creek’s sole discretion.
Certain rates are offered only to members of a qualified groups. Additionally, at certain times or on certain dates, reservations may require a minimum length of stay, and that may affect whether The Inn of Lost Creek appears to have availability. The Inn of Lost Creek is only obligated to honor such rates for qualifying individuals or stays. It is up to you to verify that you qualify for the rate that you have booked. You may be required to establish that you qualify either at the time of reservation or check-in. If you cannot establish that you qualify, The Inn of Lost Creek reserves the right in its sole discretion to cancel your reservation and/or charge the publicly available rate for your stay.
All reservations are subject to The Inn of Lost Creek’s cancellation policy. Please review the applicable cancellation policy during the reservation process.
All reservations must be guaranteed with a valid major credit card, or an alternative approved form of payment, such as an advance deposit.
The storage of credit card information on this Website (if available) is entirely optional. Saving credit card information may help expedite your reservation process in the future and/or allow you to use certain parts of or features of this Website. You will be solely responsible for updating any credit card information that you provide. You acknowledge that The Inn of Lost Creek may communicate this information for the purpose of facilitating reservations or as requested by you.
The United States Department of Treasury maintains and publishes lists of “Prohibited Persons” who are government officials, residents of certain embargoed countries, terrorists or drug traffickers and imposes limits on The Inn of Lost Creek’s ability to provide services to those prohibited persons pursuant to its rules. You agree you are not a Prohibited Person, and you agree not to make arrangements for any such Prohibited Persons to stay at, use or tour The Inn of Lost Creek.
To the maximum extent permitted by law, The Inn of Lost Creek and affiliated companies and third parties connected to it hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Website or in connection with the use, inability to use, or results of its use, any websites linked and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT THE INN OF LOST CREEK 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 The Inn of Lost Creek against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”), and you shall indemnify and hold The Inn of Lost Creek harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. The Inn of Lost Creek has the right, at its expense, to assume exclusive defense against any Claim and all negotiations for settlement, and you agree to cooperate with The Inn of Lost Creek in the defense of any such Claim.
With respect to all communications you make to The Inn of Lost Creek regarding Inn of Lost Creek 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 The Inn of Lost Creek shall have no obligation to protect your communications from disclosure; (b) The Inn of Lost Creek shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) The Inn of Lost Creek 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.
Inn of Lost Creek Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. The Inn of Lost Creek 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. The Inn of Lost Creek reserves the right to make changes, corrections, cancellations and/or improvements to Inn of Lost Creek Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
The Inn of Lost Creek is 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, The Inn of Lost Creek is not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the associated equipment or programming, or by any technical or human error that may occur in the processing of any information. The Inn of Lost Creek 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 The Inn of Lost Creek is not responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on this Website which are not processed or accepted for any reason.
Travel to certain destinations may involve greater risk than others. The Inn of Lost Creek urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel. Information on conditions and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.cbp.gov. THE INN OF LOST CREEK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, THE INN OF LOST CREEK IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATION TO THE FULLEST EXTENT PERMITTED BY LAW.
Some areas of this Website are restricted to travel agents or other authorized representatives. The Inn of Lost Creek Information contained in such restricted areas is confidential to The Inn of Lost Creek and is provided for business use only, which includes reviewing commission status and statements. The Inn of Lost Creek reserves the right to prohibit access to or use of these restricted areas where it determines that such use or access interferes with operations of this Website or that such use or access results in commercial benefits or other entities to its detriment. If you are a travel agent or authorized representative of a travel agent using this Website, the following apply:
Passwords: You will be provided you with a unique password so that access to information related to your agency and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. The Inn of Lost Creek does not assume any liability for any access to information or transactions that are executed with the password provided to you. The Inn of Lost Creek strongly recommends that you change the password on a periodic basis, and whenever a travel agent leaves your travel agency or you suspect that knowledge of the password is no longer limited to those whom you have authorized.
PLEASE NOTE: This Website may use various types of cookies and related technologies to provide certain functionality. General information about cookies and related technologies and how they work is available at allaboutcookies.org.
These Terms and Conditions 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 may be filed only in the state or federal courts located in the State of Colorado, United States.
This Website is available to anyone with Internet access. However, this Website may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances.
In addition to any other rights or remedies that may be available to The Inn of Lost Creek, The Inn of Lost Creek may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of this Website at any time and without notice.
If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of this Website. All other provisions of these Terms and Conditions shall remain in full force and effect.
The Inn of Lost Creek’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.