The content on this website may be used to promote, sell, and market the products and services of Powder Mountain and/or its subsidiaries or affiliates. By accessing or using this website in any manner, you agree to be bound by the terms, conditions and notices set forth below (“Agreement”). Please read this Agreement carefully. If you do not accept all of these terms and conditions, please do not use this website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this website signifies your acceptance of the updated or modified Agreement.
This Agreement uses certain terms defined as follows: the terms “we”, “us”, “our” and “Powder Mountain” refer to Summit Mountain Holding Group, L.L.C. and/or its subsidiaries. The term “you” or “Users” refers to the user visiting and/or purchasing from the website.
1. Use Of The Website
As a condition of your use of this website, you warrant that (i) if you are conducting or participating in a financial transaction, you have the legal authority and authorized capacity to complete the transaction and you possess the legal authority to create a binding legal obligation; (ii) you will use this website in accordance with this Agreement; (iii) you will only use this website to seek information about Powder Mountain goods and services and to make legitimate reservations or purchases for you or for another person(s) for whom you are legally authorized to act and only to the extent permitted by the terms and conditions relating to such reservation or purchase; (iv) you will inform such other person(s) about the terms and conditions that apply to the reservations or purchases that you have made on their behalf, including all rules and applicable restrictions; (v) all information supplied by you on this website is true, accurate, current and complete. We retain the right at our sole discretion to deny anyone access to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
2. Certain Website Transactions
We reserve the right to revoke any offer or to refuse any order that you place with Powder Mountain through this website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3. Website Content / Ownership
Unless otherwise noted, the website and all materials on the website, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress or other intellectual property in such materials (collectively, the “Powder Mountain Content”) are owned or used under license by Powder Mountain.
The website and the Powder Mountain Content are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, copy or create similar trade dress, sell or exploit in any way any of the website or Powder Mountain Content.
4. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, §512(c)(2), in the event that you believe in good faith that your copyrighted work has been reproduced and is accessible on the website in a manner that constitutes copyright infringement, please provide written notice of the suspected infringement Powder Mountain’s legal department. Please include the following information in the written notice:
i. Identify your copyrighted work on which infringement is claimed and its location on the website; ii. Include a statement that the content of the written notice is accurate and, under penalty of perjury, you are, or are authorized to act on behalf of, the owner of the copyright for which you claim infringement; iii. A signature (electronic or physical) of you or an authorized signatory on behalf of the copyright owner asserting to the claim of copyright infringement and the submission of the notice.
Notices of infringement, including this required information, should include “DMCA Notice of Copyright Infringement” in the subject line and be sent to:
Attention: General Counsel
Email: [email protected]
Powder Mountain reserves the right to remove any content or material from the website that infringes on copyright under the laws of the United States provided that the written notice of infringement includes the required information set forth in Title 17, United States Code, §512(c)(2). Under United States law, written notices of infringement under Title 17, United States Code, §512(c)(2) that are not submitted in good faith may carry significant penalties.
5. Supplier Rules And Restrictions
Additional terms and conditions may also apply to (i) your reservation (if any); and (ii) your purchase of products or services (if any). Please read any applicable separate terms and conditions carefully as they may include restrictions or limitations on rental age, resort fees/charges, limitations of liability, and information regarding cancellation/refund policies, credit card billing information and much more. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. In the event of a conflict between this Agreement and any separate terms and conditions, the separate terms and conditions shall prevail. You acknowledge that Powder Mountain and/or some third-party providers offering certain services and/or activities may require you to sign a release of liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to or use of the applicable product or services, in your forfeiting any monies paid for such reservation(s) or purchase(s), and/or in our debiting your account for any costs we incur as a result of such violation.
6. User Comments, Feedback, And Other Submissions
All comments, feedback, suggestions, ideas, videos, pictures, music, blogs, bulletin boards, and other submissions disclosed, submitted or offered to Powder Mountain, whether online, by email, by postal mail, or otherwise (“Comments”) shall be and remain Powder Mountain’s property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Powder Mountain of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Powder Mountain shall not be limited in any way in its use, commercial or otherwise, of any Comments. Powder Mountain is and shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments. Powder Mountain has the right but not the obligation to monitor and edit or remove any Comments from the website.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Powder Mountain or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Powder Mountain takes no responsibility and assumes no liability for any Comments posted by you or any third party.
7. Product Information
The prices displayed on the website are quoted in U.S. Dollars. Certain products may be offered exclusively online through the website. These products may have limited quantities and are subject to return or exchange only through the website according to the applicable return policy.
8. Warranties, Disclaimers, And Limitations Of Liability.
a. THE WEBSITE AND ALL WEBSITE CONTENT, INCLUDING POWDER MOUNTAIN CONTENT, IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. POWDER MOUNTAIN MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE WEBSITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE WEBSITE. POWDER MOUNTAIN FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM POWDER MOUNTAIN OR THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
b. IN NO EVENT WILL POWDER MOUNTAIN BE LIABLE FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF PROFITS; (C) BUSINESS INTERRUPTION; (D) LOSS OF OR DAMAGE TO REPUTATION OF POWDER MOUNTAIN; (E) LOSS OF INFORMATION OR DATA; OR (F) DIRECT DAMAGES IN EXCESS OF $500, REGARDLESS OF THE FORM OF ACTION; (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR ANY OTHER REASON) WITH RESPECT TO OR ARISING FROM YOUR USE OF THE WEBSITE, RELIANCE UPON THE CONTENT OF THE WEBSITE OR ANY RESERVATIONS OR PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE.
9. Errors, Inaccuracies, and Omissions.
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders or reservations, if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order or reservation).
10. Links to Other Web Sites and Services.
Links to third party websites on this website are provided solely as a convenience to you. If you use these links, you will leave this website. Powder Mountain has not reviewed all of these third-party websites and does not control and is not responsible for any of these websites or their content. Thus, Powder Mountain does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do this entirely at your own risk.
You are prohibited to use Powder Mountain website in any manner so as to harass, threaten, embarrass, abuse or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any Comments or conduct that Powder Mountain may deem, in its sole opinion to be vulgar, hateful or racially or ethnically offensive, or otherwise objectionable. For greater certainty, any message or conduct that is repeated after warning is given notifying that such conduct is unwelcome, constitutes harassment.
12. False Advertising Prohibited.
You are prohibited to use Powder Mountain’s website to post any advertising promotions, and other content that contains false, misleading, defamatory, or deceptive statements or claims.
13. Network Security.
Powder Mountain assumes no liability or responsibility for the security of User’s facilities or networks or for unauthorized access to such networks or facilities. In all cases, Users are responsible for determining and establishing secure network access configurations. Powder Mountain, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet.
Except to the extent prohibited under the applicable law, you agree to defend, indemnify and hold Powder Mountain and its affiliated entities and any other party involved in the content or creation of this website, and each of their directors, officers, employees, agents, shareholders, licensors and representatives, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website or submission of Comments, or your breach of any representation, warranty, or other provision of the Agreement.
16. Governing Law
This Agreement shall be construed in accordance with the laws of the State of Utah, without regard to any conflict of law provisions. Except in the event of a conflict between this Agreement and any other agreement between You and Powder Mountain or an affiliate regarding the governing law provision, any dispute arising under this Agreement shall be resolved exclusively by the jurisdiction of the state courts of Utah located in Weber County, Utah and by the federal courts, as applicable, located in Weber County, Utah, whichever shall apply. For the avoidance of doubt, the governing law of a release of liability waiver shall prevail over this Agreement. You hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
This Agreement is effective unless and until terminated by either you or Powder Mountain. You may terminate this Agreement at any time. Powder Mountain also may terminate this Agreement at any time without notice, and accordingly may deny you access to the website, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
a. This Agreement contains the entire agreement between you and Powder Mountain regarding the use of the website, and supersede any prior agreement between you and Powder Mountain on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement. b. The failure of Powder Mountain to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further rights hereunder. c. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement shall otherwise remain in full force and effect and enforceable. d. This Agreement is not assignable, transferable or sublicensable by you except with Powder Mountain’s prior written consent, but may be assigned or transferred by Powder Mountain without restriction. Any assignment attempted to be made in violation of this Agreement shall be void. e. The section titles in this Agreement are for convenience only and have no legal or contractual effect.