Welcome to KidFreeVacations.com (the "Site").   The Site is provided by Mares Investments, LLC, a Colorado Limited Liability Company (herein referred to as the "Company," “we,” us,” or “our), and provides visitors (herein referred to as “you,” or your”) with travel information.  The Site is offered to you conditioned upon your acceptance of all of the terms and conditions set forth below (the “Agreement”).  By accessing or using this Site in any manner, you agree to be bound by the Agreement.  Please read the Agreement carefully.  If you do not accept all of the terms and conditions set forth in this Agreement, please do not use the Site.

Please check this page periodically to review the most current version of the Agreement.  The Company reserves the right at any time, in its sole discretion, to change or otherwise modify the Agreement without notice, by posting the modified Agreement on the Site, and your continued access and/or use of the Site signifies your acceptance of the Agreement as modified.  If you do not agree to the Agreement as modified at any time, your sole recourse shall be to cease access and use of the Site.  This Agreement shall remain in full force and effect unless and until terminated by the Company.

1.  Use of the Site
You represent and warrant to the Company that (a) you are at least 18 years of age, (b) you possess the legal authority to create a binding legal obligation, (c) you will use this Site in accordance with this Agreement and (d) all information supplied by you on this Site is true, accurate, current and complete.  We retain the right at our sole discretion to deny access to this Site to anyone at any time and for any reason, including, but not limited to, for any breach of this Agreement.

2.  Prohibited Activities
You agree not to (a) use this Site or its contents for any commercial purpose; (b) make any speculative, false, or fraudulent reservation or booking, (c) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose; (d) take any action that imposes, or may impose, in our determination, an unreasonable or disproportionately large load on our infrastructure; or (e) “frame", "mirror" or otherwise incorporate all or any part of this Site into any other website without our prior written consent.

3.  Third Party Links
The Site contains links to websites operated by third parties, including but not limited to links to hotels, vacation properties, resorts, condominiums, bed and breakfast and other lodging or travel related suppliers (each a “Hotel”).  Such links are provided solely as a convenience for our users.  The Company does not operate or control such sites or any information, products or services on or related to such sites and is not responsible for such sites, their contents or the use of any personal information you may provide on such site.  The Company’s inclusion of links to such websites should not be construed by you as an endorsement or sponsorship of the website, its operator or any accommodations, activities, products, services or information offered at or through such sites.  You agree that your access or use of any such linked site is at your own risk.  You are solely responsible for ensuring the accuracy of any Hotel descriptions.  In addition, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. 

4.  Information Portal
You understand that the Site acts solely as an information portal.  Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you may find through use of the Site, and the Company is not a party to, or responsible or liable in any manner for, any such transaction. 

5.  Travel Destinations
You understand that travel to certain destinations may involve greater risk than others.  The Company urges travelers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.  Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

6.  Ownership
The Company and its affiliates shall retain all right, title and interest in and to the Site, its source code and all content appearing thereon, including but not limited to all worldwide copyrights, trademarks, service marks, trade secrets, patents, moral rights, contract rights and other intellectual property rights related thereto.   You shall not modify, copy, reproduce, reverse engineer, decompile, disassemble, distribute, transmit, display, perform, publish, license, transfer, sell, re-sell, or create derivative works of information, software, products, source code or services obtained from or through this Site, and this Agreement does not grant you permission to do so.  

7.  Privacy Policy
We believe in protecting your privacy.  Please click here to review our current Privacy Policy, which is incorporated herein by this reference and also governs your use of the Site. 

8.  Reviews, Comments and Other Submissions
We appreciate hearing from our users.  Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including but not limited to, any Hotel reviews, photographs, video, questions, comments, suggestions, ideas or the like (collectively, "Submissions"), you (a) grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions on the Site and throughout the world in any media, now known or hereafter devised and (b) grant the Company and its affiliates and sublicensees the right to use the name that you submit in connection with such Submission.  You acknowledge that the Company may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a Hotel review that you submit) at our discretion.  You acknowledge that the Company has the right to use, publish, remove or otherwise control any Submissions you make without notice or liability to you.

We take no responsibility and assume no liability for any Submissions posted or submitted by you or by others.  You are fully responsible for the content of your Submissions.  You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your Submission(s). 

9.  DISCLAIMER

THE SITE, ITS CONTENTS AND ALL INFORMATION PROVIDED ON OR OFFERED THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, RELATED TO YOUR USE OF THE SITE, OR YOUR TRANSACTIONS WITH ANY HOTEL OR OTHER THIRD PARTY FOUND ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF GUARANTEED SITE UPTIME, ANY WARRANTIES AS TO THE QUALITY OF ANY HOTEL OR OTHER TRAVEL RELATED PRODUCTS OR SERVICES FOUND ON OR THROUGH THE SITE AND ANY WARRANTIES OR GUARANTEES REGARDING THE ACCURACY OF INFORMATION FOUND ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO PRICING AND THE ADULT-ONLY NATURE OF ANY HOTEL.  ALTHOUGH THE COMPANY ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND/OR DESCRIPTION OF HOTELS AND OTHER TRAVEL RELATED PRODUCTS OR SERVICES DISPLAYED ON THE SITE, MOST OF WHICH IS PROVIDED BY THE RESPECTIVE HOTELS OR OTHER SUPPLIERS.  THE INFORMATION ON THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  THE COMPANY DOES NOT AND CANNOT INSPECT EACH INDIVIDUAL HOTEL TO ENSURE IT IS AN ADULT ONLY FACILITY, AND YOUR DECISION TO BOOK ANY RESERVATIONS AT ANY HOTEL FOUND THROUGH THE SITE SHALL BE AT YOUR OWN RISK.  YOU SHALL MAKE ALL INQUIRIES AND CONDUCT SUCH DUE DILIGENCE AS IS NECESSARY BEFORE BOOKING ANY RESERVATION WITH ANY HOTEL FOUND THROUGH THIS SITE.  THE INCLUSION OR OFFERING OF HOTEL OR OTHER PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH HOTEL, PRODUCTS OR SERVICES BY THE COMPANY. 

THE HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER PRODUCTS OR SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY. THE COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, MISREPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH HOTEL OR SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER LOSSES, LIABILITIES, DAMAGES OR EXPENSES RESULTING OR ARISING THEREFROM. 

10. INDEMNIFICATION
 
You shall defend, indemnify and hold the Company, its affiliates, and its and their respective managers, members, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, losses, costs, expenses, damages and liabilities (including but not limited to attorneys’ fees) arising out of or related to (a) your use of the Site, (b) your breach of any of the terms or conditions of this Agreement or (c) any alleged infringement of copyright, rights of publicity or any other claim arising out of the use of any of your Submission(s).  This indemnity shall survive the expiration or termination of this Agreement.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, COST OF REPLACEMENT GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS, REVIEWS OR DESCRIPTIONS APPEARING ON THIS SITE, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE), TRANSACTIONS BETWEEN YOU AND ANY HOTEL OR OTHER THIRD PARTY FOUND ON OR THROUGH THE SITE, OR ANY INFORMATION APPEARING ON THE SITE OR A THIRD PARTY SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.  Some jurisdictions do not allow these limitations of liability, so the foregoing limitations may not apply to you.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE COMPANY OR ANOTHER USER OF THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST THE COMPANY IS TO DISCONTINUE USING THE SITE.

IF, DESPITE THE LIMITATION ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS, LIABILITY OR OTHER DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE TOTAL AGGREGATE LIABILITY OF THE COMPANY WILL IN NO EVENT EXCEED TWENTY-FIVE DOLLARS (US$25.00).

THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12.  COPYRIGHT AGENT

If you are a copyright owner or an agent thereof and believe that any Submission, photo, image or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;

(iv) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Mares Investments, LLC, 140 W. 29th Street #331, Pueblo, CO 81008, ATTN:  Pamela Mares, email: copyright at kidfreevacations.com.  Please note that ONLY DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company through its contact us form.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

13. MISCELLANEOUS

13.1  Notices. All notices, consents and approvals under this Agreement must be delivered by you in writing by certified or registered mail, (postage prepaid and return receipt requested) to the Company, and will be effective upon receipt. Any notices required by the Company may be posted on or through the Site and will be effective upon posting.

13.2  Governing Law; Venue. This Agreement shall be governed by the laws of the State of Colorado, without regard to principles of conflicts of law.  Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

13.3  Civil Code Section 1789.3 . Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Mares Investments, LLC, located in Pueblo, Colorado, is the provider of the electronic commercial service on this Site.  Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact the Company to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or by contacting us.  

13.4 Independent Contractors. This Agreement does not create a relationship of agency, partnership, or representation between the Company and you for any purpose whatsoever. 

13.5 Remedies.  The Company’s rights and remedies under this Agreement are cumulative.  You acknowledge and agree that any actual or threatened breach of Section 6 (Ownership) will constitute immediate, irreparable harm to the Company for which monetary damages alone would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach, in addition to all other applicable remedies.

13.6  Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

13.7  Severability. If any provision of this Agreement is invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

13.8  Assignment. The Company shall have the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign, transfer or delegate this Agreement or any rights or obligations hereunder to any other person or entity without the Company’s prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

13.9  Construction. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” There shall be no presumption for or against either party as a result of such party being the principal drafter of this Agreement.

13.10 Entire Agreement. This Agreement, together with the Privacy Policy and the Disclaimer, both of which are incorporated herein by this reference, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. Any representations, promises or conditions not incorporated herein shall not be binding upon the Company, its’ successors or assigns.  Except for the Company’s right to amend as set forth above, this Agreement may not be amend except by a written document signed by a duly authorized representative of both parties.

13.11 Arbitration.  Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be settled by binding arbitration in Pueblo County, Colorado in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Colorado law. However, (a) each of us may seek interim relief from a Pueblo County, Colorado court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.