Ski California Website Terms of Use

Welcome to the website of the California Ski Industry Association (aka Ski California). Ski California
provides this website to you subject to the Terms of Use (Terms and Conditions and Privacy Policy),
which govern your use of this website. Please read these Terms of Use carefully before using this
website. By using this website, you agree to these Terms of Use. If you do not agree to these Terms of
Use, you should not use this website or the services we provide on it

Terms and Conditions

License to Use Our Website

As long as you are in compliance with the terms of this Agreement, Ski California hereby grants you a
limited, revocable, non-assignable, non-sub-licensable, non-exclusive license to access the website via
an ordinary Internet browser, to view the website and all information and materials contained in it. The
Agreement impacts your legal rights and responsibilities and should be read carefully. Any violation of
the terms or conditions of this Agreement is grounds for immediate termination of this limited license. No
other rights are granted, implied or otherwise.

Important Notices and Additional Terms and Agreements

The website may contain typographical errors or inaccuracies, including but not limited to errors or
inaccuracies related to price, product information, service information, product description or availability,
and may not be complete or current. Ski California reserves the right to correct any errors, inaccuracies or
omissions (including after any order has been submitted, confirmed and/or charged to your credit card)
and to change or update information at any time without prior notice. Please note that such errors,
inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or
refuse to accept any order placed based on incorrect pricing or availability information.

We have made every effort to display as accurately and reliably as possible the information related to any
goods, services or locations that may appear on the website. However, we cannot guarantee, and make
no warranty, promise, or agreement that any depicted or described product, service or location actually
comports with its depiction or description.

Any price quotation, service information or any other such information regarding the provision of and fees
for any goods or service offered by Ski California are provided purely for informational and illustrative
purposes. Ski California does not guarantee, and makes no warranty, promise, or agreement that any
depicted or described goods or services are actually offered or comports with its description on the
website. Ski California reserves the right to cease offering any such goods, services or benefits to any
person at any time, in all cases without notice or liability.

We may also require you to follow additional rules or guidelines in order to sign up to use various special
features of our website, to make purchases or reservations on our website, to participate in certain
promotions available through our website, or for other reasons. In such cases, you may be asked to
expressly consent to additional terms, for example, by checking a box or clicking on a button. This type of
agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are
different than the terms of these Terms of Use, the terms of the click-through agreement will supplement
or amend these Terms of Use, but only with respect to the matters governed by the click-through
agreement. In addition, certain policies or terms of sale may apply to online purchases made on our
website, which may deemed accepted when you complete or confirm your order.

Ski California Content

Our website contain text, graphics, video, audio, or other content provided by Ski California or its partners (collectively, “Ski California Content”) and such content is protected under applicable intellectual property laws. All Ski California Content and related intellectual property rights are the property of Ski California or the material is included with the permission of the rights. Ski California grants you permission and license to lawfully access and use these website and to display, print, or download one copy of the Ski California Content on any single computer for your personal, noncommercial use only, provided that you (a) do not modify the Ski California Content; (b) you retain any and all copyright and other proprietary notices contained in the Ski California Content; and (c) you do not copy, post, distribute or transmit the Ski California Content on any other website, via any network computer or broadcast the Ski California Content in any media. 

You expressly recognize and agree that Ski California’s trademarks and logos (the “Ski California Marks”) are the sole property of Ski California. You are not authorized to display or use the Ski California Marks or the trademarks, product names, company names, logos, service marks and/or trade dress of any other owners featured on our website without the prior written permission of the owner. 

Any applicable software you may access on our website, including any files, images, or data accompanying the software are licensed to you by Ski California for the limited use described in the preceding paragraph. Ski California transfers no right, title or interest in the software to you. Ski California retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise reduce the software to a humanperceivable form.

Content You Submit to the website

Some of our website may provide you with the ability to add, create, upload, submit, distribute, post, or
share on or through the website, content, including without limitation information, website links, opinions,
photos, profiles, graphics, videos, and audio clips (“User Content”).

By posting any User Content on the website, you expressly grant, and represent and warrant that you
have the right to grant, to Ski California a non-exclusive, irrevocable, worldwide, transferable, royalty-free,
perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works, and
sublicense your User Content in any manner or through any media now known or later developed without
any payment to you.

Ski California may choose, in its sole discretion, to pre-screen, edit, refuse, move or remove any User
Content posted to the website. You agree that exercise of that discretion by Ski California does not
convert the User Content into Ski California Content.

Conduct

You agree to not use the website to:

• upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• engage in or facilitate harassing conduct aimed at any other person or entity;
• harm minors in any way;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website;
• upload, post, e-mail or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, e-mail or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
• violate any applicable local, state, national or international law, and any regulations having the force of law.

Copyright Infringement Complaints

Ski California respects the intellectual property of others, and we ask our users to do the same. If you
believe that content on the website infringes your work, or the work of a third party for whom you are
authorized to act, please send a notice of the alleged infringement to Ski California’s copyright agent
including all of the following information, pursuant to the Digital Millennium Copyright Act of 1998
(“DMCA”):

• An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
• A description of the work that you claim has been infringed, including the URL, website location, or other identifying characteristics;
• Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
• A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement by email to info@skicalifornia.org.

Ski California may terminate use of our website by repeat infringers in appropriate circumstances
pursuant to the DMCA.

Complaint Policy (including Trademark and Privacy)

If you believe in good faith that any content posted on a website infringes any of your rights other than in
copyright, or is otherwise unlawful, you may send a notice to info@skicalifornia.org with the following
information:

• Your name, physical address, e-mail address and phone number;
• A description of the content or other material posted on the website that you believe violates your
  rights or is otherwise unlawful, and which parts of said materials you believe should be remedied
  or removed;
• Identification of the location of the material on the website;
• If you believe that the material violates your rights, a statement as to the basis of the rights that
  you claim are violated;
• If you believe that the material is unlawful or violates the rights of others, a statement as to the
  basis of this belief;
• A statement under penalty of perjury that you have a good faith belief that use of the material in
  the manner complained of is not authorized and that the information you are providing is accurate
  to the best of your knowledge and in good faith; and,
• Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission,
and if appropriate, in Ski California’s sole discretion, Ski California will take action. We may disclose your
submission to the poster of the claimed violating material, or any other party.

Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the website
and the information and services we make available through these website. The feedback you provide to
us through this website will become and remain our exclusive property. Your submission of feedback will
constitute an assignment to us of rights, title and interests in your feedback, including all copyrights and
other intellectual property rights in your feedback. We will be entitled to reduce to practice, exploit, make,
use, reproduce, disclose, display or perform publicly, distribute, improve and modify any feedback you
submit.

International Use of Our Website

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You assume all knowledge of applicable laws and you are responsible for compliance with any such laws. You may not use the website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnity

You agree to defend, indemnify and hold harmless Ski California, its affiliates, assignees, successors-ininterest and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:

• Your activities in connection with the website;
• Any violation of these Terms of Use by you;
• Any improper or unauthorized use of the Ski California Content, User Content, or other content by
  you;
• Any conduct, activity or action which is unlawful or illegal under any state, federal or common law,
  or violating of the rights of any individual or entity, engaged in, caused by, or facilitated in any way
  through the use of software, services, Ski California Content or User Content or any other such
  service or information which appears on the website; and,
• Any allegation that anything you transmit or attempt to transmit, including but not limited to any
  Ski California Content or User Content you submit, post, or otherwise make available, through or
  in connection with the website, infringes or otherwise violates the intellectual property, privacy or
  other rights of any third party.

Third Party website

Our website may contain links to websites operated by other entities. If you decide to visit any linked site,
you do so at your own risk and it is your responsibility to take all protective measures to guard against
viruses or other destructive elements. Third party websites are not bound by these Terms of Use or by Ski
California’ Privacy Policy.

Disclaimer of Warranties

Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis.
Ski California expressly disclaims all warranties of any kind, whether express or implied, with respect to
this website, its content, the software, or any products or services described on or available on the
website, including, but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. Ski California makes no warranty that (i) the website will meet your
requirements, (ii) the website will be uninterrupted, timely, secure, or error-free or that the results that may
be obtained from the use of the website will be accurate or reliable, or (iii) the quality of any products,
services, information, or other material purchased or obtained by you through the website will meet your
expectations. Any material downloaded or otherwise obtained through the website is done at your own
discretion and risk

Limitation of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and
contractors, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever
arising including, without limitation, any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if Ski California has been advised of the possibility of such damages), arising out of or in
connection with the use of the website or any website with which they are linked, or any products or
services available on this website, or otherwise resulting from: (i) the use or the inability to use the
website; (ii) the cost of procurement of substitute products and services resulting from any goods, data,
information or services purchased or obtained or messages received or transactions entered into through
or from the website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements
or conduct of any third party on the website; or (v) any other matter relating to the website. This limitation
of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any
other basis.

These Terms of Use give you specific legal rights and you may also have other rights which vary from
country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of
limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may
not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such
a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent
permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not
affected by these provisions, and we do not seek to exclude or limit liability for fraudulent
misrepresentation.

Terminating Permission to Use Our Website

You may terminate these Terms of Use at any time by ceasing your use of our website, destroying all Ski
California Content, software or other intellectual property obtained from the website and all copies and
installations thereof, and deleting any accounts you have established on the website. Ski California may
terminate these Terms of Use or your access to the website (in whole or in part) at any time if you violate
these Terms of Use in any way

Modifications to Terms of Use

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of
Use at any time. Alterations of our website in no way affect the Terms of Use themselves. Please check
the Terms of Use periodically for changes. Modifications become effective immediately upon being
posted on the website, without further notice to you. Your continued use of our website following the
posting of changes to the Terms of Use will mean you accept those changes

Miscellaneous

Unless otherwise specified, the website and its contents are provided solely for providing
information. The website are controlled and operated by Ski California from California. As such, any
dispute arising under the Agreement shall be resolved exclusively by California state or federal courts,
applying California law, regardless of principles of conflicts of laws, and, by your use, you waive any
jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these
disputes. If we fail to enforce any provision of these Terms of Use, it will not be considered a waiver of our
rights. If any portion of these Terms of Use is held to be unenforceable, then the remaining clauses and
provisions will remain in full force and effect. Any and all warranties, provisions, rights and obligations of
the parties herein described and agreed to be performed subsequent to the termination of this agreement
shall survive the termination of this agreement. These Terms of Use, including our Privacy Policy and any
Additional Terms, constitute the entire agreement between you and Ski California, superseding any prior
agreements between you and Ski California with regard to your use of the website. All of our rights and
obligations under these Terms of Use are freely assignable by us in connection with a merger,
acquisitions, or sale of our assets.