Snowbird App Terms &
Conditions

Privacy Policy

Effective Date: November 1st, 2020

This Privacy Policy applies to your use of our mobile application (the “Application”), which is owned and provided by Snowbird/Pico Ski Resort Partners, LLC (together with its affiliates, “Snowbird,” “we,” or “us”).  We value and respect your privacy, and this privacy policy (the “Application Privacy Policy”) is designed to assist you in understanding how we collect, use and protect your information. YOUR USE OF THE APPLICATION SIGNIFIES YOUR CONSENT TO BE LEGALLY BOUND BY BOTH THE TERMS AND CONDITIONS APPLICABLE TO THE APPLICATION AND THIS APPLICATION PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS APPLICATION PRIVACY POLICY, PLEASE DO NOT USE THE APPLICATION OR PROVIDE ANY INFORMATION TO US.

Please note that the Application is one part of the services that we provide to our customers and guests, and we may also collect customer and guest information from additional sources governed by different privacy policies, including our privacy policy available at www.Snowbird.com, which also applies to your use of the Application and the Information (as defined herein).

The Information We Collect

The following provides examples of the type of information that we collect from you:

• Name;
•  E-mail address;
• Telephone and/or cellphone number;
• Gender;
• Date of birth;
• Mailing address;
• Geolocation information;
• Login information such as username and password;
• Health tracker information;
• Group member information; and 
• Uploaded content such as pictures and messages.

Much of the information we collect is directly provided by you when you communicate with us and upload information to the Application. However, we collect additional information directly through your device or your use of the Application, as discussed below. We may also receive information through our affiliates, service providers, and other third parties. For more specific privacy considerations relating to third party data sharing, please see the Sections “Linked Sites” and “Special Disclosure Considerations for Social Media and Public Portions of the Application”

Your Usage Information

We may collect certain information as a result of your use of, and interaction with, the Application (“Usage Information”). For example, the Application automatically collects information from the browser, mobile and/or wearable platform that you use to access the Application, including your location, device sensor data and health tracker application information.

Please note that location information is an especially important aspect of this Application. To determine your location information, we may use numerous technologies, including location services of the applicable operating system or browser, GPS, RFID, and sensor data from your devices, along with nearby Wi-Fi access points and cell towers. Subject to your device’s permissions, the Application may continue to use your device’s background location as well in order to provide our services, including notifying you of friends, events, or other relevant information near you. This means that we may have access to your location even if you are not directly interacting with the Application.

Usage Information also may include certain web measurement and tracking technologies such as cookies, web server logs, tracking pixels, or other statistics programs to collect Usage Information and track and record how you use the Application. This data may contain or be paired with your personally identifiable information (“Personal Information”). For example, if you log into your account when you are on our Application, register for an account or make a purchase, the Usage Information collected during your visit may be linked to you. Usage Information helps us measure the success of the Application and its features or pages and to improve your online experience. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Application. In addition, we may use pixel tags, web beacons and other technologies, placed within our Application and our marketing channels, provided by our advertising partners, to measure and monitor visits to certain pages within, interactions with, the effectiveness of, and otherwise manage, our Application and online advertising. Usage Information enables the tailoring of advertisements and offers specifically to you. In addition to such tailoring, we use Usage Information to ensure that our online and Application presence operates properly and efficiently for you and for your individual customer experience, to evaluate the use and benefit of such presence and to support our Application and our marketing and customer experience efforts. Currently our Application does not respond to Do Not Track features enabled through your device. Collectively, Usage Information and Personal Information are referred to in this Application Privacy Policy as “Information.”

Please note that we also use third-party analytics service providers, including Google Analytics, to assist us with the collection and analysis of the usage information messaged above. For more information regarding how Google Analytics collects and processes data, please read the information provided by Google at its website.

Use of Information Collected

By providing your Information to us, you consent to our use of your Information in the following ways:

• To provide the Application (including messaging and location functionality);
• To provide services, products or classes that you request;
• To provide location-enabled tracking of your activity;
• To provide location-enabled tracking of a group member’s activity;
• To provide a chatting service among your friends.
• To combine with or enhance information provided by third parties;
•  To contact you, respond to your inquiries, and send you information;
•  To notify you of special offers and other services that we believe may be of interest to you;
•  To improve ongoing services;
•  To improve the resort experience;
• To analyze, manage and improve the Application;
• To notify you of important new changes to the Application;
• To enforce our agreements and rules; or
• To help us diagnose problems with our server or other technical issues relating to the performance of the Application.

It is our policy to require only the Personal Information necessary to complete the specific transaction that you request. We do not condition your participation in any specific activity on our Application, or the receipt of any products or services, on the disclosure of more Personal Information than is reasonably necessary.

Disclosure of your Information

In addition to the specific situations discussed elsewhere in this Application Privacy Policy, we disclose the Information we collect from and about you:

• To other users of the Application in accordance with this Application Privacy Policy or otherwise at your direction or with your consent (e.g., with the other members of the groups that you join or on the public leaderboards if you have opted in to them);
• To third-party applications at your direction or otherwise with your consent (e.g., sharing with your mobile or wearable device health applications);
• To our contractors, service providers, and other third parties we use to support our business and Application;
• To our affiliates, who will comply with the terms of this Application Privacy Policy;
• When we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Application, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce any terms and conditions of our Application or other agreements, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Application;
• To respond to judicial process and provide Information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws;
•  To our business partners for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Application and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such Information on our behalf; or
• Otherwise with your consent.

As noted above, the Application provides ways for you to share your Information with others. This may include ways to publicly make your Information available (e.g. on publicly-accessible part of the Application) as well as directly to other users (e.g., sharing your location with the groups that you join through the Application).

We may transfer or assign the Information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your Personal Information may be included in the transferred business assets. Also, in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Information may be included in the transferred assets. We may use your Information to identify and develop products and services that may be of interest to you and/or share Information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities that may be of interest to certain demographic groups. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon request made in writing to 3165 East Millrock Drive, Suite 150, Holladay, Utah 84121, Attn:  Legal Department/Privacy or info@snowbird.com. Except as explained above, we will not share any of your Personal Information with any third party, unless we have received your express permission to do so.

Additionally, we may disclose aggregated or anonymized information that does not identify you without limitation.

Linked Sites

Our Application may contain links to other websites (such as those of our travel partners or advertisers), applications or services, which may have privacy policies that differ from our own (“Third-Party Services”). We are not responsible for the collection, use or disclosure of information collected through such Third-Party Services and expressly disclaim any liability related to such collection, use or disclosure. We are also not responsible for any information or content contained on such Third-Party Services. Links to Third-Party Services are provided solely as a convenience. Your browsing, use and interaction on any Third-Party Services, including Third-Party Services or Forums (as defined below) which have a link to the Website, are subject to the applicable Third-Party Service’s own rules and policies. Accordingly, you should review the privacy policy posted on any Third-Party Service that you may access through, or which links to our Application.

• Access or Request a Copy of your Personal Information.   You have the right to request a copy of any Personal Information that we hold about you. If you would like a copy of your personal information, please contact us using the contact information below. We may request proof of your identity before sharing such information. If you discover that the information we hold about you is incorrect or out of date, you may ask us to correct that information by contacting us using the contact information below. You may also access certain of the information that we maintain about you in the settings of your profile on the Application in the settings menu under “Privacy Settings”.
• Unsubscribe . If you receive marketing emails from us, you can unsubscribe to our emails by clicking “unsubscribe” within each email. You may not opt-out of service-related communications, which are not promotional in nature.
•  Location Information. Please note that a key purpose of this Application is to provide location sharing services to you and your group members. If you access the Application using a mobile device, you may adjust the settings on your mobile device to allow or prevent the sharing of location information. For example, you can disable “Location” (or “Location Services” on iOS-based devices) on your mobile device to prevent sharing your location information with us. Please refer to instructions provided by your mobile service provider or the manufacturer of your mobile device to learn how to adjust your mobile device settings. Please note that if you disable the sharing of location information, you may be unable to access some features of our Application that are designed for mobile devices.
• Third-Party Application Information . Certain information that may be shared with the Application is only shared subject to the permissions you set on your device. For example, you may share health information (including active energy, downhill snow sports distance, and workout information) if you permit the Application to have access to that information. We encourage you to review your privacy settings and permissions on your mobile or wearable devices to make sure that you are only sharing the information that you would like to share. When you register your use of the Application, you will have the ability to control what information you share, and certain information may also be controlled through your mobile or wearable device settings.

Additionally, if you are located outside of the United States, you may also contact us using the contact information below with a request to stop processing the Personal Information we hold about you in certain circumstances or to withdraw your consent to the extent we are processing your Personal Information based upon your consent. It may not be possible for us to cease processing all of the Personal Information we hold about you where we are fulfilling a transaction or have a legal basis to retain the Personal Information, however please contact us using the contact information below to discuss how we can assist you with your request.

Special Disclosure Considerations for the Application

Our Application may permit you to participate in certain activities, such as leader boards and group messaging. You should be aware that if you voluntarily disclose any Information (e.g., name, email address, personal photographs) on this Application, such Information may be collected and used by others. For example, anyone on the Application will be able to view the leader boards, and everyone in your group as well as Snowbird, will have access to Information posted in group chats. We have no control over another user of the Application’s use of your Information and are not be responsible for it. You should only share your Information, including your location information, with people and/or groups that you know and trust.

How We Protect Personal Information

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information submitted via the Application from unauthorized access, use or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Retention

We will retain your Personal Information for as long as needed to fulfill your requests, provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

Where We Store Your Personal Information

We are located, and the Application is hosted, in the United States of America. In order for us to provide our services to you, it will be necessary for us to process and store Personal Information you provide to us in the United States of America, which may have different data protection laws than those in the country in which you reside.

Changes and Updates to the Application Privacy Policy

From time to time, we may revise this Application Privacy Policy. The date that this Application Privacy Policy was most recently updated is set forth above as the effective date. Your use of the Application following the posting of any revised version of the Application Privacy Policy shall be deemed acceptance of the revised Application Privacy Policy, so we strongly recommend that you check the Application Privacy Policy periodically.

If you disagree with any of the terms of this Application Privacy Policy at any time, your sole remedy is to terminate your use of the Application. Continued use of the Application constitutes your agreement to the current version of the Application Privacy Policy in effect.

Contact Us

1.   If you have any questions about this Application Privacy Policy, please call us at 1.800.232.9542 , email us at info@snowbird.com , or write to us at:

Snowbird Resort

Attn: Legal Department/Privacy

3165 East Millrock Drive, Suite 150

Holladay, UT 84121

 

Terms & Conditions

Effective Date: November 1st, 2020

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Snowbird Resort, LLC (together with its affiliates, “Snowbird,” “we,” or “us”) with respect to your use of our mobile application (“Application”) and the services available on the Application (collectively, the “Services”), including any Content and User Content.  PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE AND OUR APPLICATION PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE).  IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR APPLICATION PRIVACY POLICY, DO NOT USE THE SERVICES.

1.  Changes to Terms of Use.  

We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective 15 days after posting for current users and immediately for new users, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

2.  Safety.  

The Services are in some cases designed to permit others to visualize your location (your mobile device) on a map or by communicating your distance and general direction. They are also in some cases designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. Nonetheless, use of the Services may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, engaging in sports activities or in other situations in which you should be observing your surroundings.

3.  Location-Based Services. 

Some features of the Application and Services make use of detailed location and navigation information, for example in the form of GPS signals and other data sent by your mobile device on which you have installed and activated the Services. These features cannot be provided without using this standard technology. You acknowledge that you are agreeing to give the Services and Snowbird your location data and that every person who you interact with within the Services, such as, but not limited to, another user, is also accessing your location data as you are accessing theirs. You understand that the nature of location-based services is such that this information is available to you and other users and that Snowbird cannot control what you or other users who receive this information when using the Application or the Services will do with it. Among the various features of the Services, the Services use your location and route information to create a detailed location history of all of your journeys made when using the Application and Services. This history is retained by Snowbird in accordance with the Application Privacy Policy, and Snowbird may keep, own, or sell user data and location history.

4.  Scope of and Restrictions on Use.  

Subject to these Terms of Use, Snowbird grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) download and install the Application on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Snowbird. You agree not to:

• collect information from the Services using an automated software tool or manually on a mass basis;
• use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
• obtain, or attempt to obtain, access to areas of the Application or our systems that are not intended for access by you;
• “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
• restrict or inhibit other users from accessing or using the Services;
• modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Application or in the Content; or
• access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

If you download the Application, you further agree not to:

• copy the Application (except to install it on your Mobile Devices);
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
•  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

5.  Ownership.  

The Services (including the Content) are owned by Snowbird and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Application are registered and unregistered marks of Snowbird and its licensors. The Application is licensed, not sold, to you. You acknowledge and agree that, as between you and Snowbird, Snowbird is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

6. Account Registration and Security. 

Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Snowbird of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

7.  User Content.

7.1. User Content and Restrictions. 

The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (collectively, “User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that: 

• is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
•  constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
• infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
• encourages criminal conduct;
• contains false, misleading, fraudulent, or deceptive claims or content;
• gives the impression that it emanates from or is endorsed by Snowbird or any other person or entity, if this is not the case; or
•  contains any virus, malware, spyware, or other harmful content or code.

7.2. Rights You Grant to Us.

You hereby grant to Snowbird an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Snowbird that you own or control all rights in and to such User Content and have the right to grant the rights above to us. 

7.3. No Responsibility.

You agree that you are solely responsible for your User Content, and you acknowledge and agree that Snowbird is not responsible for, and does not endorse, any User Content.

7.4. No Obligation to Prescreen, Monitor or Use.

Snowbird does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Snowbird retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

7.5. Submitted Ideas.

While we appreciate your interest in the Services and our business, Snowbird does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Snowbird might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Application Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Application shall be deemed to be non-confidential and non-proprietary.

8. Electronic Communications. 

The communications between you and Snowbird via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. Other Terms and Conditions. 

All purchases made through the Services or other transactions for the sale of products or services formed through the Services shall be governed by separate terms of sale.

10. Privacy Policy.

You acknowledge and agree that all information collected by Snowbird is subject to our Application Privacy Policy . By using the Services, you consent to all actions we take with respect to your information in compliance with our Application Privacy Policy .

11. Sweepstakes, Contests, and Games.

In addition to these Terms of Use, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the Services may have specific rules that are different from these Terms of Use. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms of Use and Promotion rules, Promotion rules will control.

12. Application Updates. 

Snowbird may, from time to time in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that Snowbird has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (a) an Application will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and will be subject to these Terms of Use.

13. Change and Suspension.

13.1. Changes to the Services.

Snowbird reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Snowbird will not be liable to you or to any third party for any such change, suspension, or discontinuance. 

13.2. Suspension/Termination of Access. 

Snowbird has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

14. Disclaimer; Limitation of Liability.

14.1. Disclaimer of Warranties. 

THE SERVICES, THE APPLICATION AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SNOWBIRD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SNOWBIRD NOR ANY PERSON ASSOCIATED WITH SNOWBIRD MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE APPLICATION OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SNOWBIRD NOR ANYONE ASSOCIATED WITH SNOWBIRD REPRESENTS OR WARRANTS THAT THE SERVICES, THE APPLICATION OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, THE APPLICATION, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE APPLICATION OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

14.2. Limitation of Liability. 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SNOWBIRD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, THE APPLICATION OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 14.2, SNOWBIRD IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL SNOWBIRD’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND THE APPLICATION IS AT YOUR SOLE RISK. 

14.3. Basis of Bargain. 

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APPLICATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. 

14.4. Exclusions. 

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 14 may not apply to you.

15. Indemnification. 

You agree to indemnify, defend, and hold Snowbird and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services, Application and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.

16. Copyright Infringement. 

Snowbird take claims of copyright infringement seriously. It is Snowbird’s policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Application infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:

• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works;
• identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
• adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
• a statement that the information in your written notice is accurate; and
• a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA notices is:

Snowbird Resort

Attn: Legal Department/Privacy

3165 East Millrock Drive, Suite 150

Holladay, UT 84121

*NOTE: This contact information is for inquiries regarding potential copyright infringement only. 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

17. Third-party Materials. 

The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-party Materials”). You acknowledge and agree that Snowbird is not responsible for any Third-party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Snowbird does not assume and will not have any liability to you or any other person or entity for any Third-party Materials. Third-party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

18. Notice Regarding Apple. 

The following additional terms and conditions apply to use of the Application on an Apple, Inc. (“Apple”) iOS-powered Mobile Device. You and Snowbird acknowledge that these Terms of Use are between you and Snowbird only, and not with Apple, and Apple is not responsible for the Application or the Content thereof. You agree that your license to use the Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the Application shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Snowbird acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Application - see Section 14.1 (Disclaimer of Warranties). You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. If a third party claims that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. Snowbird’s contact information for any questions, complaints or claims with respect to the Application is set forth in Section 20 below. You agree to comply with all applicable third party terms of agreement when using the Application. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

19. Miscellaneous.

19.1. Geographic Restrictions. 

Snowbird is based in the State of Utah in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19.2. Governing Law; Jurisdiction and Venue.

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. The parties to these Terms of Use hereby irrevocably agree that venue for any disagreement that might arise between such parties shall be in the state and federal courts located in Rutland County, Utah. 

19.3. Waiver and Severability. 

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect. 

19.4. Entire Agreement. 

These Terms of Use, including our Application Privacy Policy, constitute the sole and entire agreement between you and Snowbird with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

20. Questions. 

If you have any questions about the Services or these Terms of Use, please call us at 1.800.232.9542 , email us at info@snowbird.com , or write to us at:

Snowbird Resort

Attn: Legal Department/Privacy

3165 East Millrock Drive, Suite 150

Holladay, UT 84121