Welcome to this website, a service of The Resort at Paws Up ("Paws Up", “we” or “us”). Please read these Terms of Service (these “Terms”) before you use this website. By using this website, you agree to these Terms.
These Terms apply to the websites to which these Terms are posted.
Note: These Terms contain a binding arbitration provision that affects your rights under these Terms and are located below under the heading “Binding Arbitration.” YOU MAY ELECT TO OPT OUT OF ARBITRATION IN ACCORDANCE WITH THE TERMS OF THE BINDING ARBITRATION PROVISION BELOW.
Content Appearing on This Website
You may access content and information on this website, such as text, video, audio, multimedia, and photographs (the "Content"). This Content may be owned by Paws Up, by other companies that give Paws Up the right to distribute their Content, or by other users of this website. Paws Up grants you a limited, non-exclusive, and non-assignable license to view the Content and to use this website for personal, non-commercial purposes as set forth in these Terms. Except for the limited licenses expressly granted to you in these Terms, Paws Up and its licensors expressly reserve all other rights and licenses.
This website is for informational purposes only, and we make no representations with respect to any Content. This website may not be updated regularly, so some information may not be current. We may post follow-up information to original Content such as blog posts and news stories, and may provide access to original Content in an archive. However, we may not go back and change original Content to reflect new developments. Therefore, before you act on any information you find on this website, you should independently confirm any facts important to your decision.
User-Submitted Content, Feedback, and Suggestions
It is Paws Up's practice not to receive or consider any user-submitted content, feedback, suggestions, ideas, or other submissions. Paws Up does not promise to keep your suggestions or ideas confidential, nor does Paws Up promise to use your suggestion or idea, and Paws Up will not compensate you if it does use your suggestion or idea.
Links to Third Party Sites
This website may include links to third-party sites not controlled, owned, or operated by Paws Up. Paws Up is not responsible for the content of any non-Paws Up sites that you may navigate to through links that appear on this website. Paws Up also does not guarantee the performance of any products and services provided by the owners or operators of sites that link to this website. A link to another website does not constitute Paws Up’s endorsement of that site, nor of any product, service, or other material offered on that site.
You may establish hypertext links to this site so long as the links do not state or imply any affiliation, connection, sponsorship, or approval of you, your enterprise, or your site by Paws Up. We do not permit framing or inline linking to our website or any portion of it.
Ordering Products and Services
You may be able to order certain Paws Up products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.
We do not want anyone to be confused as to which materials and services are provided by Paws Up and which are not. The Paws Up trademarks displayed on this website are registered trademarks and/or service marks of Paws Up. Other trademarks appearing on this website or other Paws Up sites linked to from this website are the property of Paws Up or their respective owners.
Paws Up reserves the right at any time to terminate your use of this website if you fail to comply with these Terms, or any other terms, agreements, or policies that apply to this website. Paws Up also reserves the right to discontinue this website at any time for any reason.
Exclusion of Warranties
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THIS WEBSITE AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." PAWS UP AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE. PAWS UP AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability
A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “PAWS UP” REFERS TO NOT ONLY PAWS UP, BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
B. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST PAWS UP MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
C. IN NO EVENT SHALL PAWS UP BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THIS WEBSITE. IN NO EVENT SHALL PAWS UP BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER PAWS UP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PAWS UP’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEB SITE EXCEED THE LESSER OF: $100 OR THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO PAWS UP PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Paws Up (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of these Terms. Notwithstanding the foregoing, Paws Up will not seek indemnification from you for any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct. Paws Up reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Paws Up in connection with our defense.
a. Purpose. For users of this website, any Dispute (as defined below in these Terms) involving you and Paws Up shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Binding Arbitration provision shall be broadly interpreted.
b. Definitions. The term "Dispute" means any and all claims or controversies related to this website, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Binding Arbitration provision, "Paws Up" means Paws Up and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to this website.
NOTWITHSTANDING THE FOREGOING, DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS BINDING ARBITRATION PROVISION WILL NOT BE SUBJECT TO ARBITRATION.
c. Right to Sue in Small Claims Court. Notwithstanding anything in this Binding Arbitration provision to the contrary, either you or Paws Up may elect to bring an individual action in small claims court if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
d. Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH PAWS UP ARBITRATED BY NOTIFYING PAWS UP IN WRITING WITHIN 30 DAYS OF YOUR FIRST ACCESS TO OR USE OF THIS WEBSITE, BY MAIL TO 40060 Paws Up Road, Greenough, Montana 59823, United States Attn: Webmaster. YOUR WRITTEN NOTIFICATION TO PAWS UP MUST INCLUDE YOUR NAME, ADDRESS AND ACCOUNT NUMBER (IF YOU ARE A PAWS UP SUBSCRIBER) OR TELEPHONE NUMBER (IF YOU ARE NOT A PAWS UP SUBSCRIBER) AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH PAWS UP THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS BINDING ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH PAWS UP OR YOUR USE OF THIS WEBSITE OR SERVICES PROVIDED BY PAWS UP. ANY OPT-OUTS SUBMITTED AFTER THIS PERIOD WILL NOT BE CONSIDERED EFFECTIVE. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH PAWS UP, YOU DO NOT NEED TO DO SO AGAIN.
e. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to Paws Up by mail to Paws Up at 40060 Paws Up Road
Greenough, Montana 59823, United States Attn: Webmaster.
f. Arbitration Procedures. This Binding Arbitration provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Binding Arbitration provision that is in effect when you notify Paws Up about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Binding Arbitration provision and the rest of these Terms, this Binding Arbitration provision shall govern. If there is a conflict between this Binding Arbitration provision and the AAA rules, this Binding Arbitration provision shall govern. If the AAA will not administer a proceeding under this Binding Arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Binding Arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and Paws Up agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you use this website; or, if you reside in a location outside of the area where you use this website, then the arbitration hearing will take place at a location convenient to you in the county where you reside. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
g. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS BINDING ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS BINDING ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS BINDING ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
h. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be Paws Up’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse Paws Up for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Binding Arbitration provision to the contrary, Paws Up will pay all fees and costs that it is required by law to pay.
i. Continuation. This Binding Arbitration provision will survive the termination or expiration of these Terms.
Waiver of Jury Trial
WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you may be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. Paws Up reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
The Terms constitute the entire legal agreement between you and Paws Up and govern your use of this website, and completely replace any prior agreements between you and Paws Up in relation to this website.
Upon termination of these Terms for any reason, Paws Up and its suppliers reserve the right to delete all your data, files, electronic messages, or other information that is stored on Paws Up's or its suppliers' servers or systems. Paws Up shall have no responsibility whatsoever for the loss of any such data.
You agree that Paws Up may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on this website.
You agree that if Paws Up does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Paws Up's rights and that those rights or remedies will still be available to Paws Up.
You acknowledge and agree that each member of the group of companies of which Paws Up is the parent shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third-party beneficiaries to the Terms.
The Terms, and your relationship with Paws Up under the Terms, shall be governed by the laws of the State of Montana, without regard to its conflict of laws provisions. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Montana, in all disputes arising out of or relating to the Terms or this website that are not subject to the Binding Arbitration provision above.
At certain places on this website there may be additional or other terms and policies that apply to your use of this website and the services on it. By using the website or those services, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the website after we post any changes, you accept and agree to those terms and policies, as modified.
By using this website, you agree to abide by these Terms. We may change these Terms from time to time. By continuing to use the website after we post any changes, you accept and agree to these Terms as modified.
Effective Date: 4/15/19.