Terms and Conditions
Applying to the Website
Jackson Hole Mountain Resort Terms and Conditions
Last revised: 11/5/2009
In order to use certain features of the Website, such as purchasing lift tickets, renting equipment or making reservations, you will have to create an account (“Customer Account”). You may never use another's Customer Account without permission. When creating your Customer Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your Customer Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Customer Account. Although we will not be liable for your losses caused by any unauthorized use of your Customer Account, you may be liable for or losses or the losses of others due to such use.
Intellectual Property Ownership
Unless otherwise noted, all text, content and documents on this Website, any names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials of the (“Content”), except as otherwise noted, are owned by us or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the entire Content of the Website, trademarked and protected as a collective work (collectively with the Content, hereinafter referred to as the “Materials”). As between us and you, all right, title and interest in and to the Materials will at all times remain with us and/or its Owners. “Jackson Hole Mountain Resorts,” “Jackson Hole,”, the “Jackson Hole” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks.
Limited Use; Restrictions on Use
The use or misuse of any Content, except as provided in these Terms and Conditions, is strictly prohibited. We grant you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Materials on the following conditions: (a) you may not distribute text or graphics to others without our express written consent, (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server, or modify or re-use all or part of the Materials on this system or another system, (c) you shall not use any form of our name, tradename, trademark, or brand name in metatags, keywords and/or hidden text, (d) you may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Content for public or commercial purposes without our prior written permission for such use of Content, (e) you agree you will not create derivative works from or commercially exploit the Materials, in whole or in part, in any way, (f) you shall not use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner, or any third party referenced therein, (g) you shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only, and (h) you shall not publicly display, perform, or distribute the Materials, either in whole or in part, and shall not modify, translate, alter or create any derivative works thereof. We reserve all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Materials on the Website. We may revoke or restrict any of the foregoing rights as well as your access to the Website at any time without prior notice, including by blocking your IP Address.
Digital Millenium Copyright Act
We are committed to respecting and protecting the legal rights of copyright owners. If you believe any Content or Materials available on the Website infringe upon your intellectual property rights, please submit a notification alleging such (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to our designated agent, (“Copyright Agent”), as set forth below, and (ii) must include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent to receive DMCA Takedown Notices is: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent.
United States Only
By using the Website or the Resort, you agree and acknowledge that your use of the Website or the Resort is governed by U.S. law, and you consent to the application of the laws of the United States and/or the State of Wyoming, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Wyoming, and to the exclusive jurisdiction of the District Court for Teton County, Wyoming, Ninth Judicial District.
WITHOUT LIMITING THE FOREGOING, THE MATERIALS, CONTENT AND EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE, CONTENT AND/OR ANY MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR EMPLOYEES AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT OR MATERIALS, OR ANY PORTION THEREOF, THERE IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
Notice of Inherent Risks and Assumption of Risks
PARTICIPATION IN ANY AND ALL WINTER RECREATION ACTIVITIES IN THE MOUNTAINOUS TERRAIN OF THE JACKSON HOLE MOUNTAIN RESORT, INCLUDING WITHOUT LIMITATION SKIING, SNOWBOARDING, SIGHT SEEING, CLIMBING, PARAGLIDING AND USE OF THE SKI LIFTS, FACILITIES AND TERRAIN, INVOLVES SUBSTANTIAL AND INHERENT RISKS, HAZARDS, AND DANGERS THAT MAY RESULT IN INJURY, INCAPACITY, PARALYSIS, DEATH OR DAMAGE TO PROPERTY; THESE INCLUDE WITHOUT LIMITATION, VARIATIONS IN TERRAIN; EXISTING AND CHANGING SNOW CONDITIONS; CHANGING WEATHER CONDITIONS; LIGHTENING; THUNDER STORMS; DIFFICULTY WITH ROUTE FINDING; HIGH ALTITUDE; SKI LIFT, MECHANICAL AND EQUIPMENT FAILURES; ROCKS; STUMPS; TREES; CLIFFS; STREAMS; WILDLIFE; CLOSED AREAS; COLLISIONS WITH OTHER SKIERS; AND COLLISIONS WITH NATURAL AND MAN-MADE OBJECTS AND FEATURES WHICH MAY NOT BE MARKED. SNOWMAKING AND GROOMING ACTIVITIES AND EQUIPMENT, AND SNOWMOBILES MAY BE ENCOUNTERED AT ANY TIME. YOU UNDERSTAND, ACCEPT, AND ASSUME RESPONSIBILITY FOR OBEYING ALL INFORMATION, RULES AND REGULATIONS PROVIDED TO YOU BY US IN CONNECTION WITH YOUR USE OF THE RESORT OR ANY FACILITIES OR SERVICES AVAILABLE AT THE RESORT, INCLUDING ALL WYOMING LAWS, AND TERMS AND CONDITIONS POSTED THROUGHOUT THE RESORT. IN CONSIDERATION OF SUCH USE, AND IN ACCORDANCE WITH THE WYOMING RECREATIONAL SAFETY ACT, WYOMING STATUTES §§ 1-1-121 TO 1-1-123, THE YOU ACCEPT AND ASSUMES ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH SUCH FACILITIES AND ACTIVITIES. YOU ASSUME SOLE RESPONSIBILITY ANY PERSONAL INJURIES, IF YOU INJURE ANOTHER PERSON.
Limitation of Liability
No Framing;Links;Third Party Sites
Framing, in-line linking or other methods of association with the Website are expressly prohibited without our prior written approval.
Ablility to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Applying to the Resort
Notice of Inherent Risks and Assumption of Risks
Participation in any and all winter recreation activities in the mountainous terrain of the Jackson Hole Mountain Resort, including without limitation skiing, snowboarding, sight seeing, climbing, paragliding and use of the ski lifts, facilities and terrain, involves substantial and INHERENT RISKS, HAZARDS, AND DANGERS that may result in injury, incapacity, paralysis, death or damage to property; these include without limitation, variations in terrain; existing and changing snow conditions; changing weather conditions; lightening; thunder storms; difficulty with route finding; high altitude; ski lift, mechanical and equipment failures; rocks; stumps; trees; cliffs; streams; wildlife; closed areas; collisions with other skiers; and collisions with natural and man-made objects and features which may not be marked. Snowmaking and grooming activities and equipment, and snowmobiles may be encountered at any time.
The Holder of this pass understands, accepts and will obey the Jackson Hole Mountain Resort Winter Season Pass Information, Rules and Regulations provided at receipt of this pass. The Holder understands that he or she has and must prudently exercise duties and responsibilities while using the Resort’s facilities and participating in recreation activities at the Resort and that it is Holder’s responsibility to follow all Resort regulations, rules and policies, Wyoming laws, and terms and conditions of Resort use posted throughout the Resort. In consideration of such use, and in accordance with the Wyoming Recreational Safety Act, Wyoming Statutes §§ 1-1-121 to 1-1-123, the Holder accepts and assumes any and all risks and dangers associated with such facilities and activities. If Holder desires financial protection against personal injuries, Holder must obtain protective insurance, including without limitation life insurance, health insurance, and/or liability insurance if Holder injures another person. Holder further agrees that venue for any disagreement that might arise between the Holder and the Resort shall be in the District Court for Teton County, Wyoming, Ninth Judicial District.