Accuracy – First Descents offers the Sites, the products, services and information contained therein, in order to further its mission of offering young adult cancer fighters and survivors a free outdoor adventure experience designed to empower them to climb, paddle and surf beyond their diagnosis, to defy their cancer, reclaim their lives and connect with others doing the same. First Descents strives to provide you with accurate, current information about its products and services. Despite these efforts, sometimes inaccuracies within the Sites may occur; First Descents does not warrant that the Sites will be free from error, and it disclaims any duty to correct such errors. For these reasons, it is advisable to contact us directly to confirm the accuracy of the contents of the Sites prior to submitting any information or acting in reliance on the Sites. Additionally, First Descents reserves the right to change its pricing, guarantees and warranties without notice.
Finally, you understand and agree that the information provided on this Site is informational only and in no way constitutes an offer for the sale of goods or to provide a service until such transaction is confirmed by First Descents. Therefore, to the extent permitted by law, First Descents shall not be responsible for errors found on its Sites, including but not limited to, pricing errors or incorrect specifications of any products or services we offer for through the Sites.
Ownership of this Site – The Sites are owned solely and exclusively by First Descents. You acknowledge and agree that the contents and materials made available on this Site are protected by copyrights, trademarks, and/or other intellectual property rights and laws. Use of this Site does not grant you a license of any kind to use any part of the Site’s contents for any purpose, commercial or otherwise, without the express written consent of First Descents. You may not copy, create derivative works from, license or publish any part of the Sites. You may not use any hidden text, meta-tags or any other linking mechanism which incorporates the intellectual property of First Descents without its express written consent. Finally, linking, framing, packet sniffing, search engine index spamming, automatic or semi-automatic data-mining, or the use of a device or mechanism of any kind to monitor, penetrate or hack the Sites is strictly prohibited.
Intellectual Property – The Sites are protected by copyright, trademark and other intellectual property rights of First Descents. First Descents owns the trademarks and service marks that appear within the Sites which refer to First Descents or which create a connection to First Descents with its donors, customers and the public. You may not use these marks in order to suggest an affiliation with First Descents where one does not exist (as evidenced by a formal written agreement with us providing for such use). Trademark law compels trademark owners to discover and stop unauthorized users and infringers; any unauthorized use of First Descents’ intellectual property will be prosecuted. Trademarks not owned by First Descents that appear on the Sites are property of their respective owners, who may or may not have a business relationship with First Descents. First Descents makes no representations or warranties of any kind through the appearance of such third party marks.
LIMITATION OF LIABILITY – THIS SITE IS PROVIDED “AS IS” AND YOU USE IT STRICTLY AT YOUR OWN RISK. FIRST DESCENTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES: (1) ARE SUITABLE, RELIABLE, GENERALLY AVAILABLE, CURRENT OR ACCURATE; (2) SHALL CONTINUOUSLY MAKE AVAILABLE THE PRODUCTS AND SERVICES OF FIRST DESCENTS; (3) SHALL BE FREE FROM ERRORS OR OMISSIONS; OR (4) SHALL BE FREE FROM VIRUSES OR MALICIOUS PROGRAMS. FIRST DESCENTS EXPRESSLY DISCLAIMS ANY CONTRARY REPRESENTATIONS OR WARRANTIES. YOU ASSUME THE RESPONSIBILITY FOR USING THIS SITE. FIRST DESCNETS MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITES, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION ACCESSED THROUGH THE SITES. FIRST DESCENTS HEREBY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL FIRST DESCENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE ARISING OUT OF USE OF THE SITES, INCLUDING WITHOUT LIMITATION, LOST DATA, PROFITS OR REVENUE, EVEN IF YOU ATTEMPT TO NOTIFY FIRST DESCENTS OF THE POSSIBILITY OF SUCH DAMAGES.
Links – The Sites contain links to third party websites not affiliated with First Descents. First Descents makes no representations about the content of these websites, the website owners and any subsequent links. First Descents makes no representations about their accuracy or legal compliance. First Descents makes no endorsement of any kind by presenting such links within the Sites. You assume all risks associated with linking to such websites from the Sites, including loss and damages that are direct, indirect, special or consequential in nature.
Indemnification – By using the Sites you agree to defend, indemnify and hold harmless First Descents, its affiliates, respective officers, directors, agents, servants and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever (including reasonable attorneys’ fees and costs), related to your use or inability to use the Sites, including but not limited to claims for negligent acts, errors or omissions, and/or breach of warranty, express or implied, that may be sustained by First Descents.
Waiver – Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder on any one or more occasions be deemed a waiver or relinquishment of such right or power on any subsequent occasions. No waiver shall be valid unless in writing and signed by an authorized officer or director of First Descents.
DMCA Notice – First Descents will respond appropriately to legitimate claims of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”). If you believe a copyright in your work has been infringed by an improper posting within the Sites, please send us written notice pursuant to the DMCA at Contact Us <http://firstdescents.org/Support/SiteHelp/Contact.aspx>, via facsimile at (303)474-3005 and by U.S. Mail at First Descents, 767 Santa Fe Drive, Denver, CO 80204.