Terms and Conditions
These Terms and Conditions (“Terms”) govern your access to and use of discovercloudcroft.com (the “Site”), which is owned and operated by Mountain Monthly LLC (“Mountain Monthly,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
Operator Contact Information
1. Use of the Site
The Site is an informational website focused on tourism, visitor information, and related editorial content about Cloudcroft, New Mexico and surrounding areas.
You may use the Site only for lawful purposes and in accordance with these Terms.
You agree not to:
- use the Site in violation of any law or regulation
- interfere with the operation or security of the Site
- attempt to gain unauthorized access to the Site, its servers, or related systems
- introduce malware, malicious code, or harmful material
- use the Site in a way that could damage, disable, overburden, or impair it
- impersonate any person or entity
- use Site content in a misleading, defamatory, unlawful, or infringing way
2. Informational Nature of the Site
The Site is provided for general informational purposes only. It is not a booking service, reservation platform, travel agency, outfitter, trail authority, public safety service, emergency service, weather service, road service, or legal advisor.
Content on the Site may include information about:
- lodging
- restaurants and bars
- shops
- attractions
- events
- trails and outdoor recreation
- road access
- maps and directions
- weather-related considerations
- seasonal restrictions
- public lands and nearby businesses
This information may change without notice. Business hours, pricing, availability, trail conditions, weather, road closures, fire restrictions, event details, and other third-party information may be inaccurate, incomplete, or out of date by the time you read it.
You are responsible for independently confirming information that matters to your plans, safety, cost, access, or timing.
3. No Warranty as to Accuracy
We try to provide useful and current information, but we do not guarantee that Site content is complete, accurate, current, reliable, or suitable for any particular purpose.
Without limiting the above, we do not warrant or guarantee:
- that a listed business is open, operating, or available
- that published prices, hours, menus, services, or policies remain current
- that event details remain unchanged
- that map, location, route, or trail information is correct
- that weather, wildfire, smoke, snow, or road conditions are as described
- that public-land access or restrictions remain unchanged
- that the Site will always be available, error-free, or secure
4. Third-Party Businesses, Links, and Embedded Content
The Site may refer to, link to, or embed content from third parties, including businesses, public agencies, maps, social media services, videos, and other outside resources.
Those references do not, by themselves, mean that we endorse, warrant, or guarantee any third-party business, service, product, organization, or website.
Your interactions with third parties are solely between you and the third party. We are not responsible for:
- third-party websites or services
- third-party content
- availability, pricing, quality, safety, or legality of third-party offerings
- acts or omissions of third-party businesses or service providers
- losses or damages arising from your reliance on third-party information or dealings
5. Advertising
The Site may display advertising now or in the future. The presence of an advertisement does not constitute a guarantee, certification, or warranty by Mountain Monthly regarding the advertiser or its products or services.
The Site does not currently use sponsored content, paid listings, or affiliate links. If that changes, we may update the Site and these Terms as appropriate.
6. Intellectual Property
Unless otherwise noted, the Site and its content, including text, design, layout, graphics, logos, photographs, illustrations, compilations, and editorial content, are owned by or licensed to Mountain Monthly LLC and are protected by applicable intellectual property laws.
You may view and use the Site for personal, non-commercial use only.
You may not, without prior written permission except as allowed by law:
- reproduce, republish, distribute, display, or exploit Site content for commercial purposes
- remove copyright, trademark, or other proprietary notices
- create derivative works from Site content in a way that infringes our rights or the rights of others
Requests for permission may be sent to hello@mountainmonthly.com.
7. User Communications
If you contact us by email or through any contact method associated with the Site, you represent that the information you provide is accurate and that your communication does not violate any law or third-party right.
We are not required to respond to all communications.
8. Termination or Restriction of Access
We may suspend, restrict, or terminate access to the Site, or any part of it, at any time, with or without notice, for any reason, including suspected misuse, security concerns, operational reasons, or violation of these Terms.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOUNTAIN MONTHLY LLC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOUNTAIN MONTHLY LLC AND ITS OWNERS, MANAGERS, MEMBERS, AFFILIATES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
- YOUR USE OF OR INABILITY TO USE THE SITE
- YOUR RELIANCE ON SITE CONTENT
- ERRORS, OMISSIONS, OR INACCURACIES IN SITE CONTENT
- ACTS OR OMISSIONS OF THIRD-PARTY BUSINESSES OR SERVICES
- SITE INTERRUPTION, MALFUNCTION, OR SECURITY ISSUES
- UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF MOUNTAIN MONTHLY LLC IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, ITS TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain disclaimers or limitations of liability, so parts of this section may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless Mountain Monthly LLC and its owners, managers, members, affiliates, agents, and representatives from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Site
- your violation of these Terms
- your violation of any law or third-party right
- any information or material you provide to us
12. Governing Law and Venue
These Terms and any dispute arising out of or relating to the Site or these Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.
Any legal action or proceeding arising out of or relating to the Site or these Terms shall be brought exclusively in a state or federal court located in New Mexico, and you consent to that jurisdiction and venue.
13. Changes to These Terms
We may revise these Terms from time to time. When we do, we will post the updated version on the Site and revise the “Last Updated” date above. Your continued use of the Site after revised Terms are posted means you accept the revised Terms.
14. Copyright Complaints / DMCA Notice
If you believe content on the Site infringes your copyright, you may send a notice to:
To help us process your notice, please include:
- your name and contact information
- identification of the copyrighted work you claim has been infringed
- identification of the allegedly infringing material and its location on the Site
- a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
We may remove or disable access to material claimed to be infringing where appropriate and as permitted by law.
15. Severability
If any provision of these Terms is held unlawful, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mountain Monthly LLC regarding the Site and supersede prior understandings relating to the Site.