WEBSITE TERMS OF USE


Welcome to the websites of Aspen Skiing Company. Aspen Skiing Company and its affiliates (“Aspen Snowmass,” “we,” “us,” or “our”) provide these websites to you, subject to the following Terms of use (“Terms of Use”), which govern your use of any of our websites and our web-based platforms and applications containing a link to these Terms of Use (collectively, the “Sites”). Please read these Terms of Use carefully before using our Sites. By using any of our Sites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use our Sites or the services we provide on them.

Privacy


By agreeing to the Terms of Use you agree to the terms of our Privacy Policy, which is expressly incorporated into these Terms of Use as well as included across our Sites. All personal data provided to us as a result of your use of these Sites will be handled in accordance with our Privacy Policy.

Additional Terms and Agreements


We may also require you to follow additional rules or guidelines in order to sign up to use various special features or password-protected areas of our Sites, to make purchases or reservations on our Sites, to participate in certain promotions available through our Sites, 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 marked “I agree.” 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 or reservations made on our Sites, which may deemed accepted when you complete or confirm your purchase or reservation. All additional terms and click-through agreements as described in this paragraph are referred to as “Additional Terms.”

Aspen Skiing Company Content


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

You expressly recognize and agree that Aspen Skiing Company Resorts' trademarks, including our resort and hotel names and logos (the "Aspen Skiing Company Marks") are the sole property of Aspen Skiing Company Resorts. You are not authorized to display or use the Aspen Skiing Company Marks or the trademarks, product names, company names, logos, service marks and/or trade dress of any other owners featured on our Sites without the prior written permission of the owner.

Any applicable software you may download from or access on our Sites, including any files, images, or data accompanying the software (collectively, the "Software") are licensed to you by Aspen Skiing Company for the limited use described in the preceding paragraph. Aspen Skiing Company transfers no right, title or interest in the Software to you. Aspen Skiing Company 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 human-perceivable form.

Content You Submit to the Sites


Some of our Sites may provide you with the ability to add, create, upload, submit, distribute, post, or share on or through the Site, content, including without limitation information, website links, opinions, photos, profiles, graphics, videos, and audio clips (“User Content”). For example, the Aspen Snowmass Site allows users photos to be uploaded to our social media feed by associating “#aspensnowmass” to their social media post.

By posting any User Content on the Site, you expressly grant, and represent and warrant that you have the right to grant, to Aspen Skiing Company 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.
Aspen Skiing Company may choose, in its sole discretion, to pre-screen, edit, refuse, move or remove any User Content posted to the sites. You agree that exercise of that discretion by Aspen Skiing Company does not convert the User Content into Aspen Skiing Company Content.

Conduct


You agree to not use the Sites to:
(a) 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;
(b) engage in or facilitate harassing conduct aimed at any other person or entity;
(c) harm minors in any way;
(d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sites;
(f) 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);
(g) 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;
(h) 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;
(i) 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;
(j) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
(k) violate any applicable local, state, national or international law, and any regulations having the force of law.

Special Considerations Related to Aspen Snowmass™


Aspen Skiing Company provides the option for you to share your experiences at our resorts with others through your Aspen Snowmass account and the Aspen Snowmass mobile applications. If you open an Aspen Snowmass account, you understand that Aspen Skiing Company will collect and maintain information related to your use of your ski pass at our resorts. Aspen Skiing Company captures, though may not always display, that information to your Aspen Snowmass account in order to provide the Aspen Snowmass mobile application service to you. If in the future we integrate user generated content applications within our Aspen Snowmass mobile application, we will also collect and publish the User Content, such as your personal photographs, that you submit in connection with your Aspen Snowmass mobile application account.

The Aspen Snowmass mobile application service allows you or could in the future allow you to share content through various platforms, websites, and mobile applications, including Facebook and Twitter. You understand that Aspen Skiing Company does not control what information gets published to those sites or who has access to that information. Those sites are managed by third parties and governed by the term of use and privacy policies published on those sites.

Copyright Infringement Complaints


Aspen Skiing Company respects the intellectual property of others, and we ask our users to do the same. If you believe that content on the Sites 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 Aspen Skiing Company’s Legal team 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 any of the following:
Attn: Legal
U.S. Mail: Aspen Skiing Company
PO Box 1248, Aspen Colo. 81612
E-mail: mobileapp@aspensnowmass.com (please include “attn: Copyright Agent” in the subject line)
Aspen Skiing Company may terminate use of our Sites by repeat infringers in appropriate circumstances pursuant to the DMCA.

Registration and Password Protection


You may wish to register on one of our Sites in order to access a service, receive information, make a purchase, enter an online promotion, or for other purposes indicated on various sections of our Sites from time to time. In consideration of your use of the Sites, if you register on any of our Sites, you agree to provide true, accurate, current and complete information about yourself.

You may not register on our sites or open an account if you are under the age of 13.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, and until we are so notified you will remain liable for any unauthorized use of your account.

Links to the Sites and RSS Feeds


Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the home page of each of our public Sites, provided that the hyperlink accurately describes the content as it appears on the applicable Site. You are further granted a right to implement the RSS feeds located on our Sites for your personal, non-commercial use, solely as described on our Sites. Aspen Skiing Company reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time at our discretion. Under no circumstances may you "frame" any of our Sites or copy portions of our Sites to a server, except as part of an Internet service provider's incidental caching of pages. When a page of any of our Sites is accessed from a link (including RSS feeds) featured on your web site, each page within our Sites must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within the Site.

Feedback


We welcome your comments, feedback, suggestions, and other communications regarding these Sites and the information and services we make available through these Sites (collectively, “Feedback”). The Feedback you provide to us through these Sites 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 Sites


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 Site 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 indemnify and hold The Aspen Skiing Company, and its affiliates, officers, agents or other partners, and employees, harmless from any claim, liability, loss, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to or transmit through the Sites, your use of the Sites (including any information, materials, products or services available through these Sites), your connection to the Sites, your violation of the Terms of Use, or your violation of any rights of another.

Third Party Sites


Our Sites 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 Aspen Skiing Company’s Privacy Policy

Disclaimer of Warranties


YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASPEN SKIING COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE SITES, THEIR CONTENT, THE SOFTWARE, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE ON THE SITES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASPEN SKIING COMPANY MAKES NO WARRANTY: THAT THE SITES WILL MEET YOUR REQUIREMENTS; THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES 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 ASPEN SKIING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR ANY WEB SITE WITH WHICH THEY ARE LINKED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THESE SITES, OR OTHERWISE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (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 SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES. 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 and Conditions 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 and Conditions 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 Sites


You may terminate these Terms of Use at any time by ceasing your use of our Sites, destroying all Aspen Skiing Company’s Content, Software or other intellectual property obtained from any Site and all copies and installations thereof, and deleting any accounts you have established on the Sites. Aspen Skiing Company may terminate these Terms of Use or your access to the Sites (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 Sites 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 Site, without further notice to you. Your continued use of our Sites following the posting of changes to the Terms of Use will mean you accept those changes

Miscellaneous


This agreement is governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue for any legal proceedings related to these Terms of Use shall be in the state and federal courts located in Denver, Colorado. 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 Aspen Skiing Company, superseding any prior agreements between you and Aspen Skiing Company with regard to your use of the Sites. 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.