Terms of Service
DATE LAST MODIFIED: June 27, 2019. These are the Terms of Service for the Hill Country Hot Pass.
Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND HILL COUNTRY HOT PASS. BY ACCESSING THE HCHOTPASS.COM WEBSITE (THE “SITE”) OR USING THE SERVICES ASSOCIATED WITH OR BY HILL COUNTRY HOT PASS (“SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICE.
IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with HILL COUNTRY HOT PASS. You may opt out of the binding individual arbitration and class action waiver as provided below.
HILL COUNTRY HOT PASS reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Site or Service. Your continued use of the Site or Service following the posting of such changes constitutes Your acceptance of the revised Terms. HILL COUNTRY HOT PASS may use reasonable commercial efforts to provide notice of material changes to You. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Site and Service.
You agree that HILL COUNTRY HOT PASS may change any part of the Site or Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that HILL COUNTRY HOT PASS does not sponsor, endorse, administer, or is in any way associated with, the Services provided by any and or all fitness facilities or partners of any kind of HILL COUNTRY HOT PASS. All questions regarding the Service must be directed to Provider, not HILL COUNTRY HOT PASS. You also agree that as a condition of participating in the Service you shall release HILL COUNTRY HOT PASS from any and all liability arising out of your participation in said Service.
By creating an Account with HILL COUNTRY HOT PASS, You agree to the following rules to protect the security of Your Account. For the purposes of these Terms, references to Your account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service:
You shall not share Your Account Login, nor let anyone else access Your account or do anything else that might jeopardize the security of Your account Login.
In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized use of Your Account Login, You will immediately notify HILL COUNTRY HOT PASS and modify Your Account Login;
You are solely responsible for maintaining the confidentiality of Your Account Login, and You will be responsible for all uses of Your Account Login, including purchases, whether or not authorized by You;
You are responsible for anything that happens on the Service through the use of Your Account Login, whether or not such actions were taken by You. You therefore acknowledge that HILL COUNTRY HOT PASS may suspend Your access to or terminate Your use of the Service if someone else uses it to engage in any activity that violates these Terms.
You undertake to monitor Your Account Login to restrict use by minors, and You will deny access to anyone under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors and You acknowledge that You are responsible for any use of Your credit card or other payment instrument by minors.
Third Party Providers of Goods and Services
HILL COUNTRY HOT PASS reserves the right to unilaterally change, amend, suspend, cancel, or terminate any aspect of the HILL COUNTRY HOT PASS program, its benefits, and/or its terms and conditions, in whole or in part, at any time, with or without notice for any or no reason. HILL COUNTRY HOT PASS members acknowledge and agree that membership and its benefits, including but not limited to complimentary goods and/or services, are provided at the discretion of HILL COUNTRY HOT PASS management and may be revoked, cancelled, or forfeited at any time at HILL COUNTRY HOT PASS management’s discretion, with or without cause or notice. You hereby agree that HILL COUNTRY HOT PASS shall have no liability to You as a result of any such action.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services made available on or through the Site or Service, Your participation in HILL COUNTRY HOT PASS, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party provider and solely at Your own risk. You hereby release HILL COUNTRY HOT PASS (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Site or Service. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If You are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, You hereby waive any applicable statutes of that jurisdiction.
HILL COUNTRY HOT PASS may terminate or suspend Your Account (including, but not limited to, suspending your ability to purchase, redeem or consume SERVICES) and/or Your access to Site and/or Service at any time, including for breach of these Terms or otherwise, without notice and without liability to You, including, but not limited to suspending your ability to purchase. Upon any such termination, Your access to the Service, including all User Content (as defined below), will be disabled. HILL COUNTRY HOT PASS shall have the right, but not obligation, to store any User Content subsequent to any such termination. HP Fit reserves the right to refuse service to anyone and we enforce a strict zero tolerance policy regarding rude, unruly, aggressive, or other behavior deemed disruptive by HP Fit owners or management. Members removed from HP Fit under the zero tolerance policy will not be allowed to return to HP Fit locations and will not be issued refunds.
You may cancel Your Account at any time by sending a 30 day cancellation notice by email to email@example.com, stating your intent to cancel services. HILL COUNTRY HOT PASS is in no way liable to You for the effects of any termination or cancellation on Your use of the Service(s).
User Content and Feedback
The Site and Service may include various forms of information on designated topics (“User Content”).
By making available any User Content through the Site or Service, You hereby grant to HILL COUNTRY HOT PASS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Site and/or Service. HILL COUNTRY HOT PASS does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that You may have to use and exploit any such User Content.
You acknowledge and agree that You are solely responsible for all User Content that You make available through the Site and/or Service. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available through the Site and/or Service or that You have all rights, licenses, consents and releases that are necessary to grant to HILL COUNTRY HOT PASS the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or HILL COUNTRY HOT PASS use of the User Content (or any portion thereof) on, through or by means of the Site or Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
HILL COUNTRY HOT PASS may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Site or Service. You acknowledge that postings, or materials posted by users or third parties are neither endorsed nor controlled by HILL COUNTRY HOT PASS, and these communications should not be considered reviewed or approved by HILL COUNTRY HOT PASS. By using the Site and/or Service You acknowledge and accept that You may be exposed to material You find offensive or objectionable. You are solely responsible for Your activities in connection with User Content and You agree that HILL COUNTRY HOT PASS will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
General Rules of Conduct and Usage
You represent and warrant that You have full right and authority to use the Site and Services and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that You shall not defraud, or attempt to defraud, HILL COUNTRY HOT PASS or other users, and that You shall not act in bad faith in Your use of the Site and Service. If HILL COUNTRY HOT PASS determines that You do act in bad faith in violation of these Terms, or if HILL COUNTRY HOT PASS determines that Your actions fall outside of reasonable community standards, HILL COUNTRY HOT PASS may, at its sole discretion, terminate Your account and prohibit You from using the Site and Service.
You further agree that You shall not:
Create an Account with or access the Service if You are under the age of 18;
Use the Service if You are located in a country embargoed by the United States or if You are on the U.S. Treasury Department’s list of Specially Designated Nationals;
Use the Site or Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
Access, tamper with, or use non-public areas of the Site or Service, HILL COUNTRY HOT PASS computer systems, or the computer systems of our providers and partners;
Attempt to probe, scan, or test the vulnerability of any HILL COUNTRY HOT PASS system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HILL COUNTRY HOT PASS or any of our providers or any other third party (including another user) to protect the Site, Service or any part thereof;
Attempt to use the Service on or through any platform or service that is not authorized by HILL COUNTRY HOT PASS;
Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Site and/or Service or the computers of other users of the Site and/or Service;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than Yourself;
Obtain or attempt to obtain passwords or other private information from other users of the Site and/or Service, including but not limited to, personally identifiable information or financial information;
Upload or transmit (or attempt to upload or to transmit), without HILL COUNTRY HOT PASS’ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable law or regulation;
Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application; or
Encourage or enable any other individual or group to do any of the foregoing.
Intellectual Property Ownership
The Site, Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, HILL COUNTRY HOT PASS and its licensors exclusively own all right, title and interest in and to the Site, Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Service. You agree that You shall not:
Use the intellectual property of HILL COUNTRY HOT PASS, or any HILL COUNTRY HOT PASS licensor, to adapt, modify or create derivative works based on such intellectual property;
Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
Use or reproduce any HILL COUNTRY HOT PASS licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
Links to Third Party Sites
The Site and Service may contain links to third-party websites or resources that are not owned or controlled by HILL COUNTRY HOT PASS. You acknowledge and agree that HILL COUNTRY HOT PASS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. HILL COUNTRY HOT PASS does not control nor does it review, research, verify, validate or approve the third-party sites to which the Site or Service may be linked. Such links, therefore, do not imply any endorsement by HILL COUNTRY HOT PASS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
Updates to the Site and Service
You acknowledge and agree that HILL COUNTRY HOT PASS may update the Service with or without notifying You. HILL COUNTRY HOT PASS may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service.
HILL COUNTRY HOT PASS conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Site and Service will not be available during maintenance periods.
All problems encountered during the use of the Site and Service, including those with regard to Your Account, etc., can be reported to HILL COUNTRY HOT PASS Support when the problem is encountered.
Dispute Resolution and Arbitration
This Dispute Resolution and Arbitration provision (this “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and HILL COUNTRY HOT PASS. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and HILL COUNTRY HOT PASS (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this Provision, “HILL COUNTRY HOT PASS” means HILL COUNTRY HOT PASS and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and HILL COUNTRY HOT PASS regarding any aspect of your relationship with HILL COUNTRY HOT PASS, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND HILL COUNTRY HOT PASS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give HILL COUNTRY HOT PASS an opportunity to resolve the Dispute. You must commence this process by emailing firstname.lastname@example.org. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If HILL COUNTRY HOT PASS does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or HILL COUNTRY HOT PASS may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by emailing written notification to HILL COUNTRY HOT PASS at email@example.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with HILL COUNTRY HOT PASS through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with HILL COUNTRY HOT PASS. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or HILL COUNTRY HOT PASS may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site, Service, and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or HILL COUNTRY HOT PASS may initiate arbitration in New Braunfels,Texas or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, HILL COUNTRY HOT PASS may transfer the arbitration to New Braunfels, Texas in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – HILL COUNTRY HOT PASS will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with HILL COUNTRY HOT PASS as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and HILL COUNTRY HOT PASS specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site and/or Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this agreement you and HILL COUNTRY HOT PASS are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and HILL COUNTRY HOT PASS might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with HILL COUNTRY HOT PASS.
Disclaimer of Warranties
THE SITE, APPLICATION, SERVICES AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, HILL COUNTRY HOT PASS, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “HILL COUNTRY HOT PASS PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE HILL COUNTRY HOT PASS PARTIES MAKE NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE HILL COUNTRY HOT PASS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. YOU UNDERSTAND THAT HILL COUNTRY HOT PASS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICE REMAINS WITH YOU. NEITHER THE HILL COUNTRY HOT PASS PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND/OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HILL COUNTRY HOT PASS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE HILL COUNTRY HOT PASS PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HILL COUNTRY HOT PASS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold the HILL COUNTRY HOT PASS Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site and/or Service, any violation by You of these Terms, any of Your User Content, or any breach of the representations, warranties, and covenants made by You herein. HILL COUNTRY HOT PASS reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify HILL COUNTRY HOT PASS, and You agree to cooperate with HILL COUNTRY HOT PASS defense of these claims. HILL COUNTRY HOT PASS will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this Indemnity section will survive any termination of Your Account or of Your access to the Site and/or Service.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between HILL COUNTRY HOT PASS and You regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between HILL COUNTRY HOT PASS and You regarding the Site and Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without HILL COUNTRY HOT PASS prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. HILL COUNTRY HOT PASS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HILL COUNTRY HOT PASS (i) via email or (ii) by attempting to notify the Site or Service in any way.
Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to firstname.lastname@example.org. Any notices that You provide without compliance with this section shall have no legal effect.
The failure of HILL COUNTRY HOT PASS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HILL COUNTRY HOT PASS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT
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