Revised December 2021
Best of the West Holdings grants you permission to access and use this Website for your own personal and business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal and business use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal and business use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
USE ON BEHALF OF ORGANIZATION
If you use our website or expressly agree to these terms and conditions in the course of a business or other organizational project, then by doing so you bind both:
- yourself; and
- the person, company or other legal entity that operates that business or organizational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
You agree that you will not:
- Use the Website in any way that violates any applicable federal, state, local or international law.
- Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Best of the West Holdings or users of the Website or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
This Website and all of its contents, features and functionality (including but not limited to the information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of Best of the West Holdings and other suppliers of such material and are protected by U.S. and international copyright, trademark and other intellectual property rights laws.
The Best of the West Holdings name and all related names, logos, product and service names, designs and slogans are trademarks of Best of the West Holdings or its affiliates or licensors. You must not use such marks without the prior written permission of Best of the West Holdings or its affiliates or licensors.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Best of the West Holdings nor any person associated with Best of the West Holdings makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither Best of the West Holdings nor anyone associated with Best of the West Holdings represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Best of the West Holdings hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
LIMITATION ON LIABILITY
In no event will Best of the West Holdings, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and whether cause by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
WAIVER AND SEVERABILITY
INFORMATION BEST OF THE WEST HOLDINGS GATHERS AND TRACKS
We gather two types of information about users:
- Information that users provide through optional, voluntary submissions. This information may include personal information, such as your name, phone number, email address, state and zip code. We collect this information to respond to requests from users, customize our features for individual visitors who are Best of the West Holdings customers and to notify customers about updates to our site and products or services.
- Information that we collect automatically as you navigate the Website. This information may include usage details, IP addresses and information collected through tracking technologies such as cookies and web beacons. Information Best of the West Holdings gathers through aggregated tracking is used to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. We collect this information in order to determine how to create the best experience for our customers. We may track search terms entered in our Search function as one of many measures of what interests our users, but this tracking is never associated with an individual user.
USE OF PERSONAL INFORMATION
Best of the West Holdings strictly protects the security of your personal information and honors your choices for its intended use. We disclose your information to no third parties unless it is specifically stated otherwise. We may use third party contractors to help us operate our business and the Website or administer activities on our behalf, and may share your personal information with these contractors for those limited purposes. We use your information solely to fulfill services, transact a purchase, and/or help us improve our website and product offering to you. Notwithstanding any other provision to the contrary, Best of the West Holdings reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Best of the West Holdings to law enforcement authorities or other relevant or related third parties.
Some of the features on this Website allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information, including your name, address, etc. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
ACCESSING AND CORRECTING YOUR INFORMATION
You may contact us if you wish to modify or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request. You may also contact us if you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of this Website.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us and indicate whether you are a California resident.
California law requires us to let you know how we respond to web browser “Do Not Track” signals. Our Website does not currently support “Do Not Track” codes. That is, Best of the West Holdings does not currently respond to or take any action with regard to “Do Not Track” requests.
USERS OUTSIDE OF THE U.S.
Your information may be stored and processed in the United States or any other country in which Best of the West Holdings or its affiliates, subsidiaries or agents maintain facilities. Your information may be processed in countries with different data protection standards than your country of residence. By using this site and providing Best of the West Holdings with your personal information, you agree that you have read this policy and consent to any transfer, processing or storing of your information outside of your country of residence.
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
COOKIES AND OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
- The Website may use “cookies” and other technologies such as pixel tags and web beacons.
LINKS TO OTHER WEBSITES AND SERVICES
The Best of the West Holdings Websites may contain links to other sites that are not under our control. These Websites have their own policies regarding privacy. You should review those policies when visiting the Websites. Best of the West Holdings has no responsibility for linked websites and is not responsible for the content of any such site. Best of the West Holdings provides these links solely for the convenience and information of our visitors.
Best of the West Holdings operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.