Terms of Use

FlyTorrey.com

These Terms and Conditions of Use (the “Terms of Use”) apply to the Torrey Pines Gliderport ("TPG") web site located at www.flytorrey.com, and all associated sites linked to www.flytorrey.com by TPG, its subsidiaries and affiliates, including TPG sites around the world (collectively, the “Site”). The Site is the property of TPG and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

TPG reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TPG grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to TPG, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without TPG's express prior written consent. You may use information purposely made available by TPG for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Except where prohibited by law, in no event will TPG be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TPG has been advised of the possibility of such damages. You agree to indemnify and hold TPG, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against TPG by any third party due to or arising out of or in connection with your use of the Site.

This site and its links are provided for entertainment purposes only. Flying and the sport of free flight is an inherently dangerous activity, and can result in personal injury, bodily injury, death, property damage and/or any other personal or financial injury. If you undertake this activity, you do so voluntarily, and you agree to hereby release, waive, discharge and covenant not to sue TPG and its officers, agents, members, or employees, its landlord, and their successors or assigns (all hereinafter referred to as the “Indemnified Parties”) from or for any and all liability to you, your personal representatives, heirs, next of kin, successors and assigns, or any third party for all harm, loss, liability, damages or costs (including, without limitation, attorneys’ fees and costs) for bodily injury, death, or property damage that may be caused by or inflicted upon you or your possessions, whether any such claim may be based upon alleged active or passive negligence, whether caused by you, one of the Indemnified Parties, or otherwise, or upon any alleged breach of any statutory duty or obligation.

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