General terms & conditions

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TERMS OF USE

Effective as of December 1, 2020

These Terms of Use ("Terms") apply to the website located at gearstore.skithebeav.com or products that direct the viewer or user to these Terms (collectively, the "Site"). In these Terms, the terms “Beaver,” “we,” and “us” refers to Beaver Mountain Ski Area, Inc.

Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site (collectively, "Users"). By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should discontinue access or use of the Site.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BEAVER MOUNTAIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.  ELIGIBILITY

This is a contract between you and Beaver Mountain Ski Area. You must read and agree to these Terms before using our Site. If you do not agree to these Terms, you may not use our Site. You may use our Site only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms. If you are under eighteen (18) years of age, you may use the Site only with involvement a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Site, you are subject to the terms of these Terms, and responsible for your child’s activity on the Site. Our Site is not available to any Users we previously removed from our Site.

2.  ACCESS AND USE

Subject to your compliance with the terms and conditions of these Terms, you may access and use our Site solely for your personal, non-commercial use. We reserve all rights not expressly granted by these Terms in and to our Site and our Intellectual Property (defined below). We may suspend or terminate your access to our Site at any time for any reason or no reason.

3.  RESTRICTIONS

You will not, and you will not assist, permit or enable others to, do any of the following:

  1.       3.1 use our Site for any purpose other than as expressly set forth in the “Access and Use” section above;
  2.       3.2 disassemble, reverse engineer, decode or decompile any part of our Site;
  3.       3.3 use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Site;
  4.       3.4 copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Site or any of our Intellectual Property;
  5.       3.5 remove any copyright notices or proprietary legends from our Site;
  6.       3.6 use our Site in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Site or any other User’s use of our Site; or (iii) the behavior of other applications using our Site;
  7.       3.7 use our Site in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;
  8.       3.8 use our Site in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
  9.       3.9 use our Site for benchmarking or competitive analysis of our Site;
  10.       3.10 attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Site;
  11.       3.11 transmit viruses, worms, or other software agents through our Site;
  12.       3.12 impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Site for any invasive or fraudulent purpose;
  13.       3.13 share passwords or authentication credentials for our Site;
  14.       3.14 bypass the measures we may use to prevent or restrict access to our Site or enforce limitations on use of our Site or the content therein, including without limitation features that prevent or restrict use or copying of any content;
  15.       3.15 identify us or display any portion of our Site on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights; or
  16.       3.16 identify or refer to us or our Site in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Site under these Terms, without our express written consent.

 

4.  USER ACCOUNTS

Your account on our Site (your "User Account") gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.

You may control certain aspects of your User profile and how you interact with our Site by changing the settings in your settings page. By providing us with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Site and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting Beaver Mountain support by emailing [email protected] or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving service-related notices.

You acknowledge that you do not own the User Account you use to access our Site. Notwithstanding anything in these Terms to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.

By connecting to our Sites with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

5.  USER DATA

As part of your use and interaction with the Site, we will collect data, metadata, and information, including personal information, that you provide to us or that is collected by us or via the Site, including without limitation as described in our Privacy Policy ("User Data"). For clarity, however, User Data does not include your User Content described below. You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data in order to provide and maintain our Site and for such uses as described in our Privacy Policy, and, solely in anonymous or aggregate form, to improve our products and Sites and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible and indemnify us for your User Data.

For the purposes of these Terms, "Intellectual Property" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

6.  OUR PROPRIETARY RIGHTS

Except for your User Content, you understand and accept that our Site and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message or other material appearing on this Site, including User Content belonging to other Users (collectively, “Beaver Mountain content”),and all Intellectual Property rights related thereto, are the exclusive property of Beaver Mountain and its licensors (including other Users who post User Content to our Site).You are expressly prohibited from using any Beaver Mountain Content without the express written consent of Beaver Mountain or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Beaver Mountain, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Beaver Mountain’s express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

7.  INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor interactions between you and other Users. WE SHALL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM, YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION.

8.  SERVICE LOCATION; RESTRICTIONS

Our Site is controlled and operated from facilities in the United States. We make no representations that our Site is available for use in other locations. Those who access or use our Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

9.  SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT

The Site may allow Users to submit, post, display, provide, or otherwise disclose, or offer in connection with your use of this Site, content, including content from or via third parties or third-party services or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags referring to Beaver Mountain (collectively, 'User Content'). User Content may include personal information. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. However, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances Beaver Mountain may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to Beaver Mountain in connection with your content.

You further grant, and you represent and warrant that you have all rights necessary to grant, Beaver Mountain an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display your User Content: (a) to maintain and provide the Site to you; (b) solely in de-identified form, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends (and we will own such de-identified data); and (c) to perform such other actions as authorized by you in connection with your use of the Site.

You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Beaver Mountain’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.

Beaver Mountain is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over our Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Beaver Mountain shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

If you do not want to grant Beaver Mountain the permission set out above on these terms, please do not submit User Content.

10.  ADDITIONAL TERMS FOR MOBILE APPLICATIONS

  1.       11.1 Mobile Applications We may make available software to access our Site via a compatible mobile device (“Mobile Applications”). You may incur mobile data charges from your wireless provider in connection with the Mobile Applications, and you agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for your User Account on one or more mobile devices owned or leased solely by you, solely in accordance with this Agreement. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
  2.       11.2 App Store Terms If you acquire any Mobile Applications from any third-party app store: (i) you acknowledge that these Terms are between you and us only, and not with such third party; (ii) your use of such Mobile Applications must comply with such third party’s then-current app store terms and conditions; (iii) such third party is only a provider of the app store where you obtained such Mobile Applications; (iv) we, and not such third party, are solely responsible for our Mobile Applications; (v) such third-party has no obligation or liability to you with respect to such Mobile Applications or these Terms; and (vi) you acknowledge and agree that such third-party is a third-party beneficiary to these Terms as they relate to such Mobile Applications.

 

11.  PRIVACY

We care about the privacy of our Users. You understand that by using our Service you consent to the collection, use and disclosure of your personal information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the United States.

12.  SECURITY

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our commercially reasonable security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13.  BEAVER MOUNTAIN’S COMMUNICATIONS TO YOU

You agree that Beaver Mountain may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Beaver Mountain’s products or services, or for such other purpose(s) as Beaver Mountain deems appropriate.

14.  PROMOTIONS AND CONTESTS

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Beaver Mountain may use your information for marketing and promotional purposes.

15.  PRODUCT INFORMATION

Most Beaver Mountain products displayed at the Site are available at the Beaver Mountain Retail store while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in the onsite store. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

16.  LINKS TO OTHER WEB SITES AND SERVICES

OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY MATERIALS, SITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY BEAVER MOUNTAIN AND CERTAIN FUNCTIONALITY OF OUR SERVICE MAY REQUIRE INTEGRATION WITH OR YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS OF SERVICE AND PRIVACY POLICY MADE AVAILABLE ON THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM OUR SERVICE OR SHARE YOUR USER CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SERVICES OR SITES. YOU EXPRESSLY RELIEVE BEAVER MOUNTAIN FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT SUBMITTED BY OTHER USERS.

17.  WARRANTIES; DISCLAIMER

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEAVER MOUNTAIN OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BEAVER MOUNTAIN, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE. WE ATTEMPT TO ENSURE THAT INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SERVICE COMPLETE, ACCURATE AND CURRENT. DESPITE OUR EFFORTS, SUCH INFORMATION MAY OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE. ACCORDINGLY, WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF SUCH INFORMATION, INCLUDING ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS AND SERVICES DESCRIBED OR DEPICTED ON THE SERVICE. SUCH INFORMATION IS ALSO SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

FURTHER, BEAVER MOUNTAIN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BEAVER MOUNTAIN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

18.  INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. Beaver Mountain shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by Beaver Mountain on the Site are intended to be used for informational purposes only.

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

If you are not completely satisfied with your gearstore.skithebeav.com purchase, you may return it with your invoice to Beaver Mountain in person or by mail. Please see our Returns & Exchanges Policy for details. EXCEPTION: Gift cards, lift passes, and powder passes are nonrefundable.

19.  LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEAVER MOUNTAIN OR ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM BEAVER MOUNTAIN), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO BEAVER MOUNTAIN’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL BEAVER MOUNTAIN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BEAVER MOUNTAIN HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BEAVER MOUNTAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

20.  INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at Beaver Mountain‘s request), indemnify and hold Beaver Mountain and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your use of and access to our Site, including any data or content transmitted or received by you; (ii) your breach or alleged breach of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation, any Intellectual Property rights or privacy rights; (iv) your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) User Data and User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of our Site with your unique username, password or other appropriate security code. You will cooperate as fully required by Beaver Mountain in the defense of any claim. Beaver Mountain reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Beaver Mountain.

21.  ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER

  1.    21.1 Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BEAVER MOUNTAIN For any dispute with Beaver Mountain, you agree to first contact us and attempt to resolve the dispute with us informally by sending a notice to:
  2. Beaver Mountain Ski Area, Inc, Attention Legal Department, 1351 E 700 N, Logan UT 84321.
  3. You must include your name and residence address, the email address you use for your Beaver Mountain User Account (if any), and a clear statement of your claim. In the unlikely event that Beaver Mountain has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Logan, Utah, unless you and Beaver Mountain agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING BEAVER MOUNTAIN FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
  4.      21.2 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS BEAVER MOUNTAIN AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BEAVER MOUNTAIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

22.  GOVERNING LAW & VENUE

These Terms are governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in Logan, Utah for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision above, including any provisional relief required to prevent irreparable harm. You agree that Logan, Utah is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

23.  CHANGE IN TERMS

We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. If we make material changes to the Terms, we will notify you by email or through a message posted on the Site. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.

24.  ENTIRE AGREEMENT/SEVERABILITY.

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Site, shall constitute the entire agreement between you and us concerning our Site. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

25.  NO WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Beaver Mountain’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

26.  CONTACT US

You may reach us at: [email protected]

  • Beaver Mountain Ski Area, Inc
    1351 E 700 N
    Logan, UT  84321