Terms of use
Effective April 2, 2021
INTRODUCTION
This website is owned and operated by The Broadmoor Manitou and Pikes Peak Railway Company (“Cog Railway,” “us,” “our,” or “we”). These Terms of Use (“Terms of Use“) set forth the terms and conditions under which you are authorized to use our sites (which includes any website on which these Terms of Use are posted, and other sites accessible via subdomains, and mobile versions of any of these sites) (collectively the “Site”).
ADDITIONAL POLICIES AND AGREEMENTS
Our Privacy Policy describes the information we collect when you and others use our Site, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy. If you make a reservation or purchase a Cog Railway ticket, that ticket purchase is subject to our Ticket Purchase Terms and Conditions, which are also incorporated into these Terms of Use. To the extent additional rules or guidelines affect your use of the Site or your online transactions with us, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using our Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Site.
DESCRIPTION OF SERVICE
Our Site provides information about The Cog Railway and allows users to request further information, make reservations, make purchases, and more (collectively the “Services”). To the extent new offerings, content or features are added to our Site in the future, your use thereof is subject to these Terms of Use.
RESERVATIONS AND SERVICES
In the event you make a reservation with us, you agree that you will make all bookings in good faith and not based on speculation or fraud. All reservations and ticket purchases are for you, your invited guests, or members of your party. You may not resell, advertise, assign, or otherwise market your reservation or ticket purchase to third parties. While we make our best effort to provide you with up to date information regarding available reservations, availability is subject to change at any time, and we make no representations or warranties regarding availability. All reservations and ticket sales are subject to our Ticket Purchase Terms and Conditions.
If you enter into a transaction on our Site or otherwise contact us through the Site, you agree to provide accurate information about yourself. We reserve the right to suspend or terminate your use of our Site and to revoke permission for you to use our Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue, or if you violate these Terms of Use.
MODIFICATIONS AND INTERRUPTION TO THE SITES
We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
THIRD-PARTY SITES, CONTENT AND SERVICES
Certain areas of the Site including reservation and payment processing functions, are operated on our behalf by third parties, and our Site may include other content or services provided by, or links to other sites that are owned and operated by, third parties. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties. You acknowledge that any reliance on representations and warranties provided by any party other than Cog Railway will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party. Your use of those third-party sites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.
YOUR REPRESENTATIONS
As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Services under the laws of the United States or other country.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COG RAILWAY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COG RAILWAY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COG RAILWAY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COG RAILWAY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COG RAILWAY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COG RAILWAY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold the Cog Railway Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Site in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account.
USER FEEDBACK
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Cog Railway. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
USER-SUBMITTED CONTENT AND USER CONDUCT
Any content, whether uploaded, posted, submitted, or otherwise made available to us or on our Site, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a Cog Railway Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Cog Railway Party be liable in any way for any User Content made available through our Site. We may not moderate all User Content on certain other areas of our Site, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.
You agree that you will not use our Site to transmit or make available any content that:
– violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
– infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
– contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
– you know or have reason to know is false, misleading, or fraudulent;
– you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– employs any techniques to disguise the origin of the content submitted;
– contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
– incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
– contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Site to:
– engage in any conduct which might be harmful to any individual;
– impersonate or misrepresent your affiliation with any person or entity;
– engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
– engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Site, servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our Site or prohibit your access to our Site in the event of a violation of these Terms of Use.
OWNERSHIP OF USER CONTENT
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Site or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights and other intellectual property rights in the content available on our Site, including without limitation the Site’s design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Cog Railway, with all rights reserved, or in some cases may be licensed to Cog Railway by third parties. This content is protected by the intellectual property rights of Cog Railway or those owners. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Cog Railway.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find Content posted on our Site which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
1. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
By mail:
The Cog Railway
Attn: Legal
515 Ruxton Ave.
Manitou Springs, CO 80829
By email: [email protected]
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Cog Railway to terminate use of our Sites by repeat infringers in appropriate circumstances.
CONTENT COMPLAINTS
If you believe that any content on our Site violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on our Site, or send an email to [email protected].
MOBILE DEVICES
Separate versions of our Services or our Site may be available for use on mobile devices. If you access our Site or Services on mobile devices, you understand that your mobile carrier’s standard charges will apply.
USER DISPUTES
You are solely responsible for any User Content you may post to our Site and any disputes you may encounter with other users of our Site as a result of such contributions or otherwise. We have no obligation to become involved in, or to resolve, any disputes between users of our Site. However, we reserve the right to take any actions we deem appropriate with regard to such disputes.
ARBITRATION
Any dispute arising out of or relating in any way to your use of our Site or any products, services, or information you receive through our Site, shall be submitted to confidential, binding arbitration in Colorado Springs, Colorado, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Colorado Springs, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.
GOVERNING LAWS
The laws of the state of Colorado and the United States govern these Terms of Use and any claims arising out of or relating to use of the Site and our Services, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Colorado Springs, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Site or Services.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of any of our Sites after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
OTHER TERMS
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Cog Railway. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to or user of our Site. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding posting User Content to our Site, and any additional terms incorporated herein, constitute the entire agreement between you and Cog Railway regarding your use of the Site, and that any other prior agreements between you and Cog Railway are superseded by these Terms of Use. Any failure by Cog Railway to exercise its rights under these Terms of Use or to enforce the terms hereof, will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CONTACT US
If you have any questions about these Terms of Use, please feel free to contact us as follows:
By mail:
The Cog Railway
Attn: Legal
515 Ruxton Ave.
Manitou Springs, CO 80829
By email: [email protected]
By online form: https://www.cograilway.com/contact-us/
By Phone: 719-685-5401