Mountain Sports Club Terms of Service
Welcome to Mountain Sports Club! When using Mountain Sports Club, you agree to the following terms and conditions (the “Terms of Service”). You can always check out the most current version of these Terms of Service on this page. Additionally, when using any of the Mountain Sports Club services, you shall be subject to any posted guidelines applicable to such services, including any applicable promotional rules and any terms or conditions applicable to Mountain Sports Club services provided in conjunction with any of Mountain Sports Club’s content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not register to become a member of Mountain Sports Club. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Mountain Sports Club following the posting of changes to these will mean you accept those changes.
Overview
Mountain Sports Club is a service that allows you to access a wealth of discounted products and services, including ski resorts, restaurants, shopping, entertainment, and broad range of other content and retailers (collectively the “Mountain Sports Club Service”). These Terms of Service apply to the Mountain Sports Club Service as well as any new products or services that we may add in the future (unless stated otherwise).
Permitted Use
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms.
Registering with Mountain Sports Club
In order to take advantage of certain features on the Site, you may be required to register with Mountain Sports Club. For example, you may be required to register with Mountain Sports Club if you want to receive discount offerings or other information from Mountain Sports Club’s network of merchants. You may also be required to register with Mountain Sports Club if you want to post consumer reviews of any of our merchants. You may also be required to register to receive newsletters with local event information from Mountain Sports Club. Mountain Sports Club’s use of any personal information that you provide to MountainSportsClub.com during any registration process is governed by Mountain Sports Club’s privacy policy.
General Terms of Service and Restrictions on Use of Materials
By using the Mountain Sports Club Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Mountain Sports Club reserves the right to terminate your account and access to the Mountain Sports Club Service. Mountain Sports Club may discontinue or alter any aspect of the Mountain Sports Club Service, including, but not limited to, (i) restricting the time the Mountain Sports Club Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Mountain Sports Club Service, at Mountain Sports Club’s sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Mountain Sports Club Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Mountain Sports Club Service. You further certify that you are an individual. In order to permit Mountain Sports Club to protect the quality of its services, you hereby consent to Mountain Sports Club employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the Mountain Sports Club Service contains information, photos, text, graphics, or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Mountain Sports Club owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Mountain Sports Club name and logo are exclusively licensed to Mountain Sports Club of North America. All other trademarks appearing on the Mountain Sports Club Service are trademarks of their respective owners. Mountain Sports Club’s partners may also have additional proprietary rights in the content which they make available through the Mountain Sports Club service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Website or networked computer environment is strictly prohibited.
My Mountain Sports Club Account
If you register for a Mountain Sports Club account, you will be allowed to receive and view offers from businesses listed on the Mountain Sports Club system, and post ratings and reviews about Mountain Sports Club and other related businesses and other user reviews. By having an account with Mountain Sports Club, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, Mountain Sports Club may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that Mountain Sports Club believes is appropriate.
Posting Reviews on MountainSportsClub.com
Mountain Sports Club reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:
Unacceptable Content:
We reserve the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:
- Offensive language, including harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing, vulgar, or sexually explicit language;
- References to illegal activity;
- Content that contains personal attacks;
- Personal information, such as phone numbers, mailing addresses, e-mail addresses, personal Websites, etc.;
- Messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand;
- Content other than text, such as photos, sound, or other images;
- Content determined by Mountain Sports Club to be illegal or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Content that is not in English; that is encrypted; or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information; or
- Content that violates the standards of good taste or the standards of this Website, as determined by Mountain Sports Club in its sole discretion.
Reviews are not endorsed by Mountain Sports Club
Reviews do not reflect the views of Mountain Sports Club of Northa America, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.
Mountain Sports Club does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Reviews are owned by Mountain Sports Club
Reviews that are submitted to Mountain Sports Club shall be owned exclusively and in perpetuity by Mountain Sports Club. Such exclusive ownership means that Mountain Sports Club, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. Mountain Sports Club is under no obligation to give credit or pay any consideration to you for your Reviews.
Mountain Sports Club’s Privacy Policy
Pursuant to Mountain Sports Club’s privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Statement.
DISCLAIMER
THE MOUNTAIN SPORTS CLUB SERVICE IS PROVIDED ‘AS IS’ AND YOU USE IT AT YOUR SOLE RISK. MOUNTAIN SPORTS CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, MOUNTAIN SPORTS CLUB MAKES NO WARRANTY THAT THE MOUNTAIN SPORTS CLUB SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MOUNTAIN SPORTS CLUB SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE MOUNTAIN SPORTS CLUB SERVICE WILL MEET YOUR EXPECTATIONS. MOUNTAIN SPORTS CLUB CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOUNTAIN SPORTS CLUB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOUNTAIN SPORTS CLUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. MOUNTAIN SPORTS CLUB USES DILIGENT EFFORTS TO MAINTAIN THE MOUNTAIN SPORTS CLUB SERVICE, BUT MOUNTAIN SPORTS CLUB IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE MOUNTAIN SPORTS CLUB SERVICE OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. IN ADDITION, MOUNTAIN SPORTS CLUB MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET TO WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE MOUNTAIN SPORTS CLUB SERVICE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE MOUNTAIN SPORTS CLUB SERVICE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT. PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM MOUNTAIN SPORTS CLUB PERSONNEL OR THROUGH THE MOUNTAIN SPORTS CLUB SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Shopping Retailers
The Mountain Sports Club Service provides services to help you locate and potentially purchase products from online and offline retailers. Mountain Sports Club does not control these independent retailers and Mountain Sports Club does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by Mountain Sports Club you acknowledge and agree that: Mountain Sports Club does not endorse any of the products or services (“Merchandise”) linked to or through the Mountain Sports Club Service, nor has Mountain Sports Club taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Mountain Sports Club or their own Websites. Mountain Sports Club expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOUNTAIN SPORTS CLUB SHALL NOT BE LIABLE FOR 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 MOUNTAIN SPORTS CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MOUNTAIN SPORTS CLUB SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOUNTAIN SPORTS CLUB SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOUNTAIN SPORTS CLUB SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE MOUNTAIN SPORTS CLUB SERVICE OR OPERATION OF THE MOUNTAIN SPORTS CLUB PROMOTIONS. IN NO EVENT SHALL MOUNTAIN SPORTS CLUB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MOUNTAIN SPORTS CLUB OF NORTH AMERICA, THEIR AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MOUNTAIN SPORTS CLUB OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Mountain Sports Club, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Mountain Sports Club Service, and remove and discard any Content within the Mountain Sports Club Service, for any reason, including, without limitation, or if Mountain Sports Club believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Mountain Sports Club may also in its sole discretion and at any time discontinue providing the Mountain Sports Club Service, or any part thereof, with or without notice. You agree that any termination of your access to the Mountain Sports Club Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Mountain Sports Club may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Mountain Sports Club Service. Further, you agree that Mountain Sports Club shall not be liable to you or any third-party for any termination of your access to the Mountain Sports Club Service.
Offline Conduct
Although Mountain Sports Club cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Website without the prior expressed written permission of Mountain Sports Club.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Children
You may not use the Site if you are under thirteen (13) years of age.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Mountain Sports Club for violations of these terms of use and you consent to injunctive or other equitable relief for such violations