Date of Last Revision: November 11, 2022.
You understand and agree that these TOU are entered into between You and Us. If You do not accept and agree to be bound by these TOU, You are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services.
We work hard to continually update the Site and Services. We reserve the right to review, amend, edit, alter, or remove any part of these TOU in Our sole discretion at any time and without prior notice to you. You should check the TOU from time-to-time when You use the Site or Services to determine if any changes have been made. Any changes to these TOU are effective upon posting to the Site. Unless otherwise indicated, any new Content (as defined below) added to the Services is also subject to these TOU upon posting to the Site. If You disagree with these TOU, your sole and exclusive remedy is to discontinue your use of the Site or Services, subject to applicable legal obligations. Your continued use of the Site or Services after a change has been posted constitutes Your acceptance of the changes, and You agree Company shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or Services.
PLEASE READ THESE TOU CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, A RELEASE AND WAIVER OF LIABILITY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN IN A COURT OF LAW. under THESE TOU AND COLORADO law, punitive damages, appeals, and jury trials WILL not BE available in THE REQUIRED arbitration.
Our Services include:
1- The facilitation of rental services between consumers and equipment rental agencies. WE ARE NOT A RENTAL COMPANY. We have separate agreements with rental companies where We receive a fee from Our consumers and in exchange, refer the consumer to the rental company for rental services for which the consumer makes any remaining payments directly to the rental companies. We may provide Our Services directly on Our Site and apps, or via link or through portal to referral partners and other entities. We may also connect consumers to other, third-party websites for the purpose of purchasing goods or services offered by those other vendors. Your use of Our Site, apps, or methods of providing You access to third-party websites, are at all times expressly subject to this Agreement.
2- Providing Users access to third-party services, deals, and savings related to retail and retail discounts, participation tickets, transportation, and lodging;
3- Providing mountain and adventure-oriented businesses advertising;
4- Providing educational information through the Site or via links to third-party sites;
5- Providing certain rewards and giveaways;
6- Administering, scheduling, and receiving payment for Our Services; and
7- Providing Users access to Our Services and the Site.
In order to qualify to use Our Services, the following must all be true:
. You are age 18 or over, or You are a minor with specific parental or guardian consent to use the Services.
ASSUMPTION OF RISK AND LIABILITY FOR THE ACTIVITY.
By participating in activities such as skiing, snowboarding, rock-climbing, biking, mountain biking, boat tours, hiking, zip-lining, sightseeing or adventure tours, swimming, or other action, adventure, or any other leisure sports or activities, You agree, understand, and acknowledge You have chosen to participate in an inherently dangerous and potentially strenuous activity (collectively, the “Activity”).
During Your preparation for and participation in the Activity, You may be exposed to dangers and hazards, resulting in serious bodily injury and even death, including but not limited to issues arising from: falling or loss of balance, high speeds, strenuous activity, equipment failure, unexpected loss of ability to brake or control Your equipment, collisions or entanglements with other people, collisions with natural or man-made obstacles, forest growth, downed timber, rocks, ice, streams, creeks, holes, trees, tree wells, ramps, half-pipes, other park terrain features, vehicle collisions, high altitude, extreme or inclement weather, cold water immersion, vehicle collisions, unmarked trails/road obstacles, unmaintained trails, trail obstructions, issues with ropes or belaying devices, falls or misloading from chairlifts or gondolas, and other rugged, steep, muddy, treacherous, slippery, or otherwise dangerous terrain. You acknowledge these or other conditions or risks could result in injury to including but not limited to falls, fractures, altitude sickness, concussions, stroke, heart issues, over-exertion, overheating, injuries from lack of fitness or conditioning, muscle strains or tears, bone breaks and bruises, back, appendage, or head injuries, and many other hazards associated with the Activity. As a consequence of these risks, You could be seriously hurt, disabled, killed, or Your property could be damaged. You agree and warrant: (a) Company does not assume, and specifically disclaims any responsibility for any issues related to Your use of the Services in association with Your participation in the Activity; (b) Company cannot and will not provide medical care related to Your use of the Services or participation in the Activity; (c) You will have to pay for any medical care You incur as a result of any participation in, or any injuries suffered during, related to, or arising from the Services or the Activity; (d) You will select and wear appropriate safety equipment as dictated by the industry and type of Activity; (e) We do not own the equipment or premises You rent/use in relation to the Activity and We have no responsibility for it, including but not limited to ensuring it is appropriate for Your use and is in livable or appropriate working condition; (f) We do not participate in the selection, purchasing, maintenance, or any other aspect related to the premises, services, or equipment; (g) all equipment, premises and services obtained via Our Site is owned, operated, and maintained by third-parties who exclusively maintain all liability for it; (h) We are not making, have not made, and explicitly disclaim any guarantees, representations, or warranties regarding such third party goods, premises, and Services; and (i) it is Your independent responsibility to ensure You have the skill and are in sufficient physical and mental health to participate in any Activity and We have not and will not evaluate Your health, athletic ability, or fitness for participation in skiing, snowboarding, adventure activities, or similar.
By using Our Services, the Site, or Our apps, and by participating in the Activity, You acknowledge and agree You are voluntarily participating in the Activity and that Company has no role in Your participation in the Activity, or Your decision to participate in the Activity other than to facilitate a rental agreement or reservation between You and a third-party provider. By using Our Services, the Site, or Our apps, and by participating in the Activity, You agree, understand, and VOLUNTARILY, SOLELY, AND EXCLUSIVELY ASSUME ALL RESPONSIBILITY FOR ANY AND ALL RISKS AND LIABILITIES TO YOU OR YOUR PROPERTY IN ANY WAY ASSOCIATED WITH THEM, WHETHER THOSE RISKS OR LIABILITIES WERE FORESEEN OR UNFORESEEN AND REGARDLESS OF WHETHER THEY ARE SPECIFICALLY IDENTIFIED IN THIS AGREEMENT. You acknowledge You are fully aware of the risks and hazards of the Activity. You understand YOUR PARTICIPATION IN THE ACTIVITY could result in serious injury, DISABILITY, and even death. You expressly understand, acknowledge, AND ACCEPT ALL the risks detailed in THIS AGREEMENT AND UNDERSTAND THE LIST HEREIN IS not complete. YOU MAY–AT ANY TIME–DECLINE OR CEASE YOUR PARTICIPATION IN THE ACTIVITY. Company, including its predecessors, successors, permitted assigns, and affiliates (collectively, the “Company Parties”) do not assume and specifically disclaim any responsibility or liability for any injury to You or Your property related to this Agreement or the Activity, regardless of whether it was foreseeable or unforeseeable. in no event SHAll WE be liable TO YOU OR ANY THIRD PARTY for any injuries, damages, or losses You incur related to Your participation in the ACTIVITY. You agree if at any time You have any doubts about Your physical, medical, or mental condition or fitness to participate in any aspect of the Activity, You will cease participation and seek appropriate medical or mental health attention. If agreeing on behalf of a minor or minors, You promise, agree, and acknowledge You are making all of these assumptions of risk on behalf of that minor or minors.
To the extent the Services or any portion of them are made available to You for a fee, You will be required to provide Us information regarding Your credit card or other payment instrument. You represent and warrant such information is true and accurate, and that You are authorized to use the payment instrument. You agree to pay all fees due for Services You order. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize Us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card is expired or Company, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. Subject to Your individual Services agreement, if any, Company does not have any obligation to provide any Services unless and until full payment has been received or verified, as applicable and subject to these TOU. We reserve the exclusive right to change Our prices without limitation or any prior notification to You. Your continued use of the Services after a price change becomes effective constitutes Your agreement to pay the changed or charged amount.
All fees for Our Services are non-refundable. Nevertheless, in certain situations, and in Our sole and exclusive discretion, We may elect to issue a refund if the facts warrant one. If requesting a refund, You must submit a claim by email at: email@example.com. The email must contain the following information: (i) the words “Refund Request” in the subject line; (ii) a copy of the subject receipt; (iii) a detailed reason for the refund request; and (iv) Your name and contact information. Failure to provide the request and other information as required above will disqualify Your request for a refund. All approved refunds will be issued within 30 calendar days of approval.
Any booking fee You pay Us as part of Our Services solely provides You access to a rental opportunity for the subject equipment, lodging, transportation, or other; it does not guarantee Your reservation. The booking fee You pay Us is at all times non-refundable regardless of whether or not You ultimately receive the subject rental goods or services or the rental company honors or does not honor Your rental reservation. You are responsible for the full amount of Our booking fee at the time You request it. You will pay the remainder of the total amount for any rental to the rental company at the time You pick up Your rental goods or services. We may change the price of Our booking fee at any time and in accord with this Agreement, in Our sole discretion, and without prior notice to You, except that You will only be responsible for Our booking fees as they existed at the time You originally paid for Our Services.
You are responsible for any and all activities occurring in association with Your use of the Site and Services, including while providing User Information to Us. Please be sure to save and keep safe any confidential or proprietary User Information, including but not limited to any credit card or password information. If You think Your User Information has been compromised, You are exclusively responsible for promptly changing Your password. You may not transfer or share Your password with anyone. You may not use anyone else’s User Information at any time unless You first obtain direct authorization from that person. Company explicitly disclaims liability for any losses and damages arising from Your failure to comply with this section.
TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to Your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.
All information on this Site and within Our Services is intended to be general, informational, educational, or marketing in nature. Company assumes no responsibility or liability for how You use information obtained from this Site or Our Services. Any views, information, or opinions expressed in linked items, websites, or embedded materials on the Site are solely those of the individuals making them, and may not represent those of, and should not be attributed to Company, its owners, shareholders, management, affiliates, contractors, agents, representatives, or employees. Company is not responsible and does not verify for accuracy any of the information presented by third parties. Company likewise does not assume any liability, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, in such information, including any views or opinions expressed by third parties within it.
OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE
OWNERSHIP OF SITE, CONTENT, TRADEMARKS, AND TRADE SECRETS; NO LICENSE
As between Company and You, Company is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, information, and functionality, including but not limited to all intellectual property and ideas on the Site and the associated rights therein, as well as any suggestions, ideas, or other feedback You provide Us (collectively, the “Content”). You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by Company or its successors, licensors, or licensees, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or Services, Content, or Our other intellectual property, except as expressly stated herein, as permitted by applicable law, or with an express license granting such rights. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos of Company or its affiliates (Our “Marks”). You are not authorized to use any Marks without Company’s express written permission. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates, as applicable.
Except as Company expressly authorizes, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site, Services, Content, or related materials in any way; (g) use or access the Site to create or develop competing services or for any other purpose that is to Company or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any Content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure Company or its service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, trade secret, patent, or other intellectual property or proprietary rights notices from Our Site or any Content; (l) use any manual process or automated device to monitor or copy any Content for any unauthorized purpose; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Company or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) use the Site, Services, or Content in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual), or otherwise post objectionable material of any kind or nature or which is harmful to minors in any way; (p) otherwise use the Site in any manner that exceeds the scope of the license granted above; or (q) encourage or enable any other individual to undertake any of the conduct listed in this section.
LINKS TO Third-Party Websites
The Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). You may have arrived at the Site through a Linked Site. Linked Sites may not be under Our control, and We are not responsible for the information, products, policies, or services described on or governing such Linked Sites, or for the content of any Linked Site. We are providing Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and You agree and understand We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
Site Access; TERMINATION
Subject to the “Survival” provision below, these TOU will remain in full force and effect as long as You continue to access or use the Site or the Services and You may terminate the TOU at any time by discontinuing use of the Site or Services, as applicable. Your permission to use the Site automatically terminates if You violate these TOU. Company reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in Our sole and exclusive discretion. Including but not limited to for Your violation of these TOU.
Disclaimer of Warranties
You expressly agree your use of the Site is at Your own risk. COMPANY does not make any warranties or representations as to the provision of the Site, Our Services, the accuracy or completeness of the Site, THE SITE CONTENT, Our Services, or information linked through the Site, including THE LINKED SITES. you acknowledge and agree COMPANY provides the SITE AND SERVICES “AS IS” AND ON AN “AS AVAILABLE” BASIS, SUBJECT TO APPLICABLE LAW.
COMPANY AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, CONTRACTORS, INSURERS, SUBSIDIARIES, AFFILIATES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SITE CONTENT, AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER COMPANY NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR YOUR MISUSE OF SITE CONTENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE, SITE CONTENT, AND LINKED SITES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL COMPANY OR ITS RELATED PERSONS, LICENSORS, OR LICENSEES BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE, SITE CONTENT, OR OUR SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, UNLESS IT IS DEMONSTRATED THAT SUCH INJURIES, DAMAGES, OR LOSSES WERE DIRECTLY CAUSED BY OUR RECKLESS OR INTENTIONAL CONDUCT. THIS IS TRUE EVEN IF COMPANY OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The foregoing sections entitled, “Disclaimer of Warranties” and “Limitation of Liability” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law and the remainder of these TOU shall remain in full force and effect.
You agree to indemnify, defend, and hold harmless Company and its Related Persons from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (a) Your use of Content and the Services; (b) Your use of or participation in, in any manner, third-party services or events, such as the use of third-party equipment and participation in third-party or Your independent expeditions, hiking, skiing, snowboarding, rock-climbing, biking, mountain biking, boat tours, zip-lining, sightseeing or adventure tours, swimming, or other action, adventure, inherently dangerous activities, or leisure sports or activities; and (c) Your use of the Site in an unauthorized manner, including but not limited to via fraud, violation of law, willful misconduct, or any breach by You of these TOU.
GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, AND SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COMPANY TO RESOLVE ALL DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration with Judicial Arbiter Group (“JAG”) in Denver, Colorado under JAG’s rules current to the date of the commencement of the arbitration, except that either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, or may bring a small claims case if the claim qualifies. The parties agree the courts located in Denver, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any valid court claim under these TOU as well as any enforcement of an arbitrator’s final judgment. Each party hereby affirmatively and voluntarily waives any right to a jury trial or to appeal, in accord with such arbitration. By agreeing to theSE TOU, you agree to individually, AND NOT AS A MEMBER OF ANY CLASS OR CLASS ACTION, arbitrate against COMPANY regarding any claim or dispute, you agree to waive any trial by judge or jury, you waive any right of appeal and any right to access punitive damages. Judgment upon the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction as governed under these tou.
All parts of these TOU apply to the maximum extent permitted by law. Company and You both agree that if a party cannot enforce a part of this agreement as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
No waiver by Company of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Company to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
THE PARTIES’ RELATIONSHIP
Neither these TOU, nor any Content, materials or features of the Services create any partnership, joint venture, employment, fiduciary, or agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate for such potential harm, irrespective of Our agreement to arbitrate. You agree You do not have any opportunity for injunctive or equitable relief and that Our remedies in this provision are in addition to any other remedies We may have under these TOU, or otherwise at law or in equity.
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. Company and its affiliates may, in their exclusive discretion, transfer, without further consent from or notification to You, all rights and obligations pursuant to these TOU if some or all of the business of Company is transferred to another entity by way of merger, sale of its assets, or otherwise.
The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Your Relationship with Company, User Information, User Obligation, Ownership of Information Submitted through the Site, Ownership of Site, Content, Trademarks, and Trade Secrets; No License, Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; Remedies; and Assignment.
DIGITAL MILLENNIUM COPYRIGHT ACT
Company reserves the right to remove any content or any other material or information available on or through Our Site, at any time, for any reason. Company otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Company.
Notification of Claimed Copyright Infringement. If You have objections to copyrighted content or material made available on or through Our Site, You may submit a notification to Our “Designated Agent” at the following address: info@ski-coupons
Any notification to Company under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
. An identification of the copyrighted work or other intellectual property that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
. An identification of the content or material that You claim is infringing and where it is located on Our Site;
. Information sufficient for Company to contact You, such as Your address, telephone number, and email address;
. A statement by You that You have a good-faith belief that the use of the content or material of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
. A signed statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf.
How to Contact Us
Please contact Us at the below addresses to report any violations of these TOU, to ask questions, or to provide comments regarding Our Services or the Site.
P.O. Box 4331
Greenwood Village, CO 80155