Date of Last Revision: January 1, 2025.
Smith and Co Ltd. dba Alderhouse (“Alderhouse,” “our,” “us,” or “we”), a Colorado, USA, limited liability company, owns and operates this website (the “Site”). These Terms and Conditions of Use (the "Terms") describe and control your rights and responsibilities regarding the Site, our Services (as defined below) and any purchases you make and experiences you participate in through them. These Terms are a binding legal agreement between you (the “user,” “you,” “your”) and Alderhouse and govern your use of the Site and participation in our Services, as applicable.
By registering for any Service provided by us or on our Site, you become our client and you agree to be bound by all of these Terms for as long as you remain a Client. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SITE AND DO NOT REGISTER FOR ANY SERVICE. The Terms are subject to change at any time, in our sole discretion, effective upon notice to you, provided that, Terms entered into at the time of any agreement with us for Services will be enforced as of the date of that agreement. BY ACCESSING OR USING THIS SITE OR USING OUR SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THESE TERMS. Any changes to these Terms are effective upon posting to the Site.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS ONLY IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.
Services
Our “Services” include:
We will not be required to provide Services or facilitate the provision of third-party goods or services (collectively, “Affiliated Services” and “Affiliated Suppliers”) that we deem in our sole discretion may violate or be in violation of applicable laws, standards, or regulations (“Regulations”). We reserve the right to decline any request from you on the grounds that it is outside of our scope, or it is illegal, implausible, impracticable, impossible, or immoral. We reserve the right to make changes to the Services and our itineraries as we may deem reasonably necessary to comply with any Regulation. We will inform you as soon as reasonably practicable regarding any such denial or change.
All Services will be provided in English. You will be allocated a personal manager who will be available to you throughout the year to manage your requests. Your personal manager’s core hours will be between 9.00am to 5.00pm Mountain Time (USA), from Monday through Friday, excluding federal (USA) bank holidays. Outside of these core hours, your personal manager will respond to your requests as promptly as possible. Should your personal manager be unavailable for any reason, we will arrange a replacement. You must make all requests by email at concierge@alderhouse.vip, or as your personal manager may otherwise agree in writing. You agree to always provide us true, accurate, current and complete information in making any requests or otherwise communicating with us. You agree to promptly notify us of any change in information provided to us.
Upon registering for our Services, paying any amounts then due, and our acceptance of your membership application, you will receive a membership with us. All membership application acceptance is at our sole discretion. We will notify you of such acceptance or rejection. All memberships are divided into tiers, with varying level of Services depending on the tier and the payment associated with it. Membership tiers will be separately communicated to and selected by you. Your membership will last for one year from the date of purchase. We do not have to disclose to you our reasons for rejecting any membership application. Your membership is personal to you and additional guests as governed under your membership tier, and you are responsible for ensuring that no one uses it outside of the scope of this license and permitted use. You agree you will ensure your guest will comply with these Terms and provide prompt evidence of that fact upon our request. If you wish to provide your membership and its benefits to a third party, we are happy to consider it. Any such “assignment” will only be effective upon our prior, written authorization. A representative may establish a membership for a principal with appropriate documentation of the authority to do so.
We attempt to ensure every Affiliated Supplier provides the highest quality Affiliated Services for our clients. Ultimately, however, the use of any Affiliated Supplier in our Services for you is a matter wholly within your discretion. We may inform you of issues or concerns we have or suspect with certain Affiliated Suppliers or Affiliated Services. It will then be up to you to decide whether to proceed. If you have concerns with an Affiliated Supplier, you agree to promptly notify us of those concerns, and in any event, prior to obtaining or receiving any additional Affiliated Services from them. Any agreement for Affiliated Services is between you and the Affiliated Supplier. Accordingly, ALL AFFILIATED SERVICES AND ISSUES RELATED TO THEM, SUCH AS any dispute regarding Affiliated Services, ARE GOVERNED BY AND UNDER THE AGREEMENT BETWEEN you and the Affiliated Supplier (subject to the terms hereof). We may, in our discretion, assist you in any such dispute and will work to solve any issues that may arise in the provision of the Affiliated services, as provided hereunder.
You shall inform us as promptly as possible regarding any desire to cancel or change any booking related to Affiliated Services and, in addition to all other applicable fees and charges related to the Services and Affiliated Services, agree to be solely responsible for any charges, fees, penalties, fees, and costs you incur related to such changes or cancellations. Subject to terms otherwise agreed between you and your personal manager, we will manage payments to Affiliated Suppliers on your behalf. We will obtain your approval to incur any charges on your behalf and will track such charges through a third-party payment processor and booking platform. For any additional or unforeseen fees or charges, we will invoice you. All such invoices are due within thirty days of us communicating them to you. Where tickets to an experience or event have been purchased and such event or experience is canceled or postponed, reimbursement to the Client will be based on the terms and conditions set by the relevant Affiliated Supplier. We reserve the right to deny any requests where you have repeatedly failed to honor bookings or have violated cancellation policies.
It is your sole responsibility to fulfill all required passport (with at least 6-month validity beyond the date of your return), visas, inoculation certificates, and other necessary travel requirements and documents prior to your trip. We are similarly not responsible for delays outside of our control (please refer to the Force Majeure provision, below), or caused by Affiliated Suppliers. In order to provide you the Services, we may need certain personal information from you, such as your personal details, bank or credit card information, and passport details. We are not liable for any delays or cancellations related to your failure to timely provide us this information. It is your responsibility to assure all participating members are in good health, able to travel, and in possession of all necessary travel, insurance, and health documentation before departure. We will not provide credits or refunds for any failure to do so.
Your Responsibilities RELATED TO THE SERVICES AND AFFILIATED SERVICES
You agree, and agree to assure all members of your party, act with reasonable prudence and courtesy during the Services and Affiliated Services. You agree to comply with all health, security, and safety requirements, as well as all applicable laws, regulations, and restrictions. In addition to the indemnification obligations and assumption of risk below, by using the Services or Affiliated Services, you agree to accept all responsibility for any damage or loss, whether to person or property, caused by you or any member of your party to any person or thing. Full payment for any such damage or loss (reasonably estimated if not known at the time) must be paid to the Affiliated Supplier at the time it is incurred.
As between you and an Affiliated Supplier, additional conditions or terms of use may apply to the Affiliated Services, as required by the Affiliated Supplier. You may accordingly be required to comply with additional requirements or sign liability waivers or other documentation as a pre-condition to participation in the Affiliated Services. It is your responsibility to diligently determine any such requirements prior to your participation.
On behalf of yourself and your party members, you further agree to: (a) refrain from any behavior that can be described as rude, obscene, offensive, ill-mannered, disrespectful, disorderly, disturbing, disrupting, interrupting, or illegal; and (b) refrain from any behavior that may cause an inconvenience to others or hinder our normal business activity or that of an Affiliated Supplier Company. Prohibited examples include: (v) fighting, causing or promoting a fight, riotous behavior, incitement to violence, and causing panic or disruption; (w) the use of racial slurs or derogatory language, as well as inappropriate hand gestures, gang signs or symbols, or throwing of objects; (x) wearing inappropriate attire with or without offensive content; (y) unauthorized carry of weapons, prohibited drugs, illegal goods, dangerous substances, or any other similar objects; and (z) any other behavior that could compromise or does compromise our professional reputation. Underage family members are not permitted to request Services unless authorized or accompanied by a parent or a legal guardian.
Disclaimer of Warranties
We will provide the Services with reasonable care and skill and, as far as possible, in accordance with your requests and reasonable instructions. Where we engage an Affiliated Supplier, we will use reasonable care and skill in selecting and engaging it. EXCEPT AS STATED HEREIN, IN OUR PRIVACY POLICY, OR IN A SEPARATE, BINDING AGREEMENT WITH YOU, ALDERHOUSE, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES (collectively, “Related Persons”) does not make CANNOT WARRANTY ANY SPECIFIC OUTCOME IN THE SERVICES. WE EXPRESSLY DISCLAIM ANY ADDITIONAL WARRANTY, GUARANTEE, AND REPRESENTATION IN THIS SITE AND THE SERVICES, the accuracy or completeness of the content WITHIN ANY OF THEM, AND IN information linked through the Site, including TO LINKED SITES (as defined below). THIS DISCLAIMER INCLUDES BUT IS NOT LIMITED TO ALL REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, USAGE OR TRADE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, AND SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE, OR OUR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE FURTHER DISCLAIM all liability for any act or omission of any AFFILIATED Supplier, AS WELL AS any loss incurred by YOU as a result of any act or omission of an AFFILIATED Supplier.
ALL INFORMATION PROVIDED ON THE SITE AND THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED TO ALL TEXT, PHOTOGRAPHS, IMAGES, INTERVIEWS, LITERATURE, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY THIRD PARTIES, IS PROVIDED FOR ASPIRATIONAL AND INFORMATIONAL PURPOSES ONLY. WE MAY NOT BE ABLE TO PROVIDE YOU ALL SERVICES OR ITEMS REQUESTED AND WILL WORK TO REASONABLY INFORM YOU OF THAT FACT. The availability on our Site of CERTAIN AFFILIATED SERVICES, OFFERS, OR EXPERIENCES does not IMPLY THAT WE WILL BE ABLE TO PROVIDE SUCH SERVICES, OFFERS, OR EXPERIENCES, NOR DO THEY constitute an affiliation with or endorsement of any of THE CITED COMPANIES OR THEIR Goods or SERVICES. WE RESERVE THE RIGHT TO AMEND OFFERINGS, IN OUR SOLE DISCRETION, UNTIL ACCEPTED BY YOU PURSUANT TO THE TERMS HEREIN.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, APPLICABILITY, RELIABILITY AND USEFULNESS OF THE SITE AND INFORMATION GARNERED THROUGH THE SERVICES. FURTHERMORE, ALDERHOUSE DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND ALDERHOUSE DISCLAIMS ANY LIABILITY RELATING THERETO.
Limitation of Liability
You understand and agree, except as provided below, by participating in the Services, you assume all risk and full responsibility for any loss, personal or property injury, death, or damage to you, your family, or your affiliates arising out of or in connection with your participation in our Services. YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL ALDERHOUSE OR ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES OR PROFITS, USE OR DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR OUR SERVICES OR AFFILIATED SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, UNLESS SUCH LOSSES ARE PROVED TO BE DIRECTLY CAUSED BY ALDERHOUSE’S NEGLIGENCE OR INTENTIONAL CONDUCT. THIS IS TRUE EVEN IF ALDERHOUSE OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. In the event your losses are proved to be the direct cause of our negligence or intentional conduct, your sole remedy shall be a return of any fees paid to us by you for any Services provided hereunder.
BLUE PENCIL
The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, that provision shall be revised by the reviewing authority in the least amount possible to make it enforceable under applicable law. To the extent it cannot be revised to be enforceable, it shall be severed from these Terms and shall not affect the validity of the remaining portions of the applicable sections. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.
TRAVEL INSURANCE
You agree you are solely responsible for taking out adequate, in your estimation, travel insurance for your journey and in relation to the Services. At a minimum, you should obtain insurance that covers personal liability, personal accident, lost and delayed baggage, medical expense, and cancellation in relation to all participants in the Services. We are not an insurance agency and cannot provide insurance related to the Services. If, however, you would like recommendations or assistance in obtaining travel insurance, please contact us. We are happy to help facilitate your procurement of it.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Alderhouse and its Related Persons from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable outside attorney fees, litigation expenses, and accounting fees), relating to, arising from, or alleged to have arisen from: (a) your use of the Site or Services in an unauthorized manner; (c) Affiliated Services; (d) your negligence, fraud, violation of law, or willful misconduct; and (e) your breach of these Terms.
FORCE MAJEURE
Any delay in or failure of a party hereto to perform, other than for the payment of money or failure to honor insurance or indemnity obligations, shall not constitute a default that exposes the party to liability for breach if, and to the extent the delay or failure to perform is caused by an occurrence beyond the reasonable control of the Party, including, but not limited to, an act of God or the public enemy; expropriation or confiscation of facilities; compliance with any order or requirement or any governmental authority; act of war, rebellion or sabotage or damage resulting therefrom; fire, flood, explosion or accident; riots or strikes or other concerted acts of workmen; inability after diligent effort to obtain necessary licenses or permits; or any other cause, whether or not of the same class or kind as those specifically above named, which is not within the control of the party and which, by the exercise of reasonable diligence, the party is unable to prevent or remedy or mitigate (each, a “Force Majeure”). In the event of Force Majeure, the party claiming the Force Majeure shall immediately furnish the other party with written notice setting forth the full details of the Force Majeure claimed and the obligations of that party as they are affected by it. Such obligations shall be suspended during, but not longer than, the continuance of any such inability. The party relying upon such Force Majeure shall use due diligence and all reasonable efforts (including reasonable expenditure of money) to overcome the cause and effects of it. If a Force Majeure is related to illness or the death of you or a close friend or relative, we will consider permitting you to transfer your membership to a related third party, provided: (a) you give us reasonable and timely notice sufficient to make such arrangements; and (b) you and the transferee agree to be jointly and severally liable for any outstanding and future payments due us.
Online Orders
When placing an order on or through our Site, you are effectively offering to purchase whatever Services you select. We reserve the right to accept or reject any order in our sole discretion. Should we elect to accept your offer, you will receive a confirming email at the email address you provide.
Payment Terms
You must make payment to us by bank transfer, credit card, or check, as we may permit. Payment for an annual membership is due in full at the time of your request, unless we permit otherwise by prior writing. We will pass on and you are solely responsible for any charges or changes in the rate of VAT. To the extent we offer a promotion in connection with any particular Service, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). We and our affiliates may retain credit card information to reserve Affiliated Services, to bill you for memberships, to maintain your customer account, and as otherwise detailed in our Privacy Policy. By agreeing to these terms, you irrevocably authorize us to charge any credit card on file for payment for Services requested or fees incurred for requested Affiliated Services, and otherwise as consistent with these Terms. By paying by credit card, you irrevocably agree not to seek any clawback of amounts due, owing, or paid by credit card, and further agree any such attempt to seek a clawback shall be null and void, with your right to seek redress fully governed hereunder. By making any payment, you hereby represent and warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. If, at any time, amounts due to us become past due for any reason, we may, at our sole election and without further notice, withhold further Services until all past due amounts have been paid in full, and such withholding of Services shall not be considered a breach or default of any of our obligations under this agreement.
Returns; REFUNDS
All amounts and memberships are generally non-refundable once requested. All refunds (as we may permit in our sole discretion) will be credited back to the same payment method used to make the applicable purchase. Refunds are not available for promotional items. You may increase your membership level at any time by notifying us in writing of that request. We will charge you for the difference based on the duration of your membership. We do not permit a reduction in membership level once a membership is secured by you until the end of its annual term.
YOUR RIGHT OF TERMINATION
In relation to the Services, you have the right to change your mind and cancel this agreement within 14 days of entering into it (the “Cancellation Period”). If you cancel this agreement within the Cancellation Period, you will be reimbursed your membership fee, less deductions for any services we have already performed and any expenses for Affiliated Services we have already incurred. You acknowledge you authorize us to begin the Services immediately after you request a membership, and agree that if you exercise your right to cancel during the Cancellation Period, you will be liable for all fees in relation to work incurred before providing written notice of your cancellation.
You may also terminate your agreement with us immediately where we breach a material term of these Terms and are unable to reasonably cure such breach. If you terminate this agreement under the prior sentence of this Section, the agreement will terminate at the time of your written notice to us and we will provide you a prorated refund, less any expenses for Affiliated Services already incurred.
OUR RIGHT OF TERMINATION
We have the right to terminate this agreement where, in our reasonable estimation, you breach or demonstrate an intent to breach any of these Terms. We reserve all rights in the event of termination pursuant to this Section.
Complaints
If you have a complaint regarding these Terms, a Service, or an Affiliated Service, you agree to immediately inform us in writing of it. Provided we receive your complaint as stated in the preceding sentence, we will take all reasonable steps to help you. Any assistance we provide in resolving a complaint related to an Affiliated Service is provided on a goodwill basis only, and in our capacity as a third party to that transaction.
USER REGISTRATION AND ACCOUNTS
You may have to register a “User Account” to access certain parts of the Site or otherwise participate in or utilize our Services. As part of that registration, you will create a username and password and become a “Registered User.” If You are a Registered User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to Alderhouse. If you do not maintain such information, or if we have reasonable grounds to suspect your information is incorrect, outdated, or false, we reserve the right to suspend or terminate your User Account. You also agree to immediately notify us of any unauthorized use of your username, password, User Account, or of any other breach of security that you become aware of involving or relating to the Services by emailing us at concierge@alderhouse.vip. Alderhouse may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services, and User Accounts. ALDERHOUSE AND ITS RELATED PERSONS explicitly disclaim ALL liability for any and all losses and damages arising from your failure to comply with this section.
PRIVACY POLICY
Please see our Privacy Policy for a description of how we may collect and use personal information through the Site or our Services. Alderhouse incorporates the Privacy Policy into these Terms by reference.
OWNERSHIP OF SITE CONTENT, TRADEMARKS
As between Alderhouse and you, Alderhouse is the sole and exclusive owner of all right, title, and interest in and to the Site, the Services, and their content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Other than as specifically permitted herein, you are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site or in our Services except as generally and ordinarily permitted through the Site or Services according to these Terms, or by separate contractual agreement. You may not access or use for any commercial purpose any part of the Site or our Services. Nothing in these Terms or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site, the Services, or their intellectual property, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos of Alderhouse or its Affiliated Suppliers (the “Marks”). You are not authorized to use any such Marks without the prior written permission of Alderhouse in each instance. Ownership of all such Marks and the goodwill associated with them remains with us or our Affiliated Suppliers.
Acceptable Use
Subject to your compliance with these Terms and the above license related to participation in our Services, as applicable, Alderhouse grants you a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site and Services solely for your personal and non-commercial use, and solely as permitted under these Terms and our Privacy Policy. Any unlawful use of this Site or use inconsistent with these Terms is prohibited and will result in, at a minimum, an automatic termination of this license. Alderhouse and its affiliates expressly reserve all rights, title, and interests not expressly granted under any license herein. We further reserve the right, in our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason, subject to our separate or additional contractual obligations.
Except as Alderhouse expressly authorizes, you agree you will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site, Services, or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to Alderhouse or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any Service, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure Alderhouse or its service providers implement or have implemented to protect the Site; (k) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (l) use the Site or Services in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e. g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual); (m) otherwise use the Site in any manner that exceeds the scope of a license granted herein; or (n) encourage or enable any other individual to undertake any of the conduct listed in this section.
User Obligation
In consideration of your use of the Site and our Services, you represent you are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If you are under 13 years of age, you are not authorized to use the Site or our Services. If you are between the ages of 13 and 18 years old, you may use the Site and our Services solely with the approval of your parent or legal guardian.
LINKS TO Third-Party Websites
You may have accessed the Site through, or the Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). Linked Sites may not be under our control, and we are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide Linked Sites only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site, the information or content on it, or any association with its operators. Your use of Linked Sites is at your Own risk, and you agree and understand we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
Site Access; TERM
These Terms will remain in full force and effect as long as you continue to access or use the Site or Services. Unless subject to additional provisions herein, your permission to use the Site automatically terminates if you violate these Terms.
ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ALDERHOUSE TO RESOLVE ALL DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ALDERHOUSE.
Subject to the “Small-Claims Option” section below and all applicable laws, you HEREBY agreE to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before one arbitrator sitting in THE CITY AND COUNTY OF DENVER, COLORADO. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of COLORADO. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. you hereby expressly waive any right to consolidate any claim or participate in any class-action claim of any kind or nature. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms, THE SITE, OR THE SERVICES. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
NO WAIVER
No waiver by Alderhouse of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Alderhouse to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
THE PARTIES’ RELATIONSHIP
Neither these Terms, nor any content, materials, or features of the Site or Services create any partnership, joint venture, employment, fiduciary, or agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
REMEDIES
You agree any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Alderhouse and its affiliates may, in their sole and exclusive discretion, transfer, without further consent from or notification to you, all contractual rights and obligations pursuant to these Terms if some or all of the business of Alderhouse is transferred to another entity by way of merger, sale of its assets, or otherwise.
NO Third Party Beneficiaries.
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
How to Contact Us
Please contact us with any comments or questions at:
+1 970 315 2570