(Revised August 9, 2011)
This web site (the “Site”) is owned and operated by Jiminy Peak Mountain Resort, LLC doing business as Jiminy Peak™ Mountain Resort (collectively or individually, “Resort” “we,” “us,” “our”). The following are terms of a legal agreement between you and the Resort. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and any amendments thereto (the “Terms and Conditions”) and the terms of our Privacy Policy which is incorporated by reference into these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, you may not use the Site. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Site is controlled and operated by the Resort from its offices within the United States. The Resort makes no representation that materials available on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, the Site and the materials contained herein is governed by the laws of the state of Massachussets.
Please return to the Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Site. Please note that your use of certain materials and features of the Site may be subject to additional terms and conditions. By using these materials and features, you also agree to be bound by such additional terms and conditions.
Proprietary Rights and License
All materials on the Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us.
Certain of the Content available on the Site are materials owned by the Resort or under license to the Resort (“Resort Materials”). You may use, display, perform, redistribute and otherwise exploit the Resort Materials under a worldwide, royalty-free, revocable and non-exclusive basis license from the Resort (“License”), provided you comply with the following restrictions and such other terms set forth in these Terms and Conditions. You may not alter or edit the Resort Materials, or combine the Resort Materials with other materials in any way. You may not offer or impose any terms on the Resort Materials that alter or restrict the terms of the License or the Terms and Conditions. You may not sublicense, assign or sell the Resort Materials. You must keep intact all notices that refer to the License and to any disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Resort Materials with any technological measures that control access or use of the Resort Materials in a manner inconsistent with the terms of the License or these Terms and Conditions. You must keep intact all copyright and other notices that appear on the Resort Materials.
Certain of the other available Content on the Site (including the User Submissions (as defined below)) are materials uploaded to the Site by third parties (“Restricted Materials”). You acknowledge and agree that the Restricted Materials are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Site, none of the Restricted Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity.
You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
Registration for Certain Features
In order to use certain features of the Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the Site. Any equipment or software causing interference shall be immediately disconnected and we shall have the right to immediately terminate your right to use and access the Site. If any upgrade in or to the Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional feature that augments or enhances the current Site, including the release of new products and services, shall be subject to these Terms and Conditions.
If you opt to register for a particular feature of the Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. If we have reasonable grounds to suspect that the information you provide to us on the registration form or otherwise is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive critical information about the Site.
We may provide you with access to some features of the Site without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.
Online Store Policies and Procedures
The purchaser’s credit card will be charged upon completion of purchase. Purchasers have up to 48 hours to cancel with no penalty. If a reservation is not canceled prior to this time no refund will be issued.
Products, Services and Advertising on Site and Linked Sites
The Site may contain advertising and information about products and services, and links to other web sites that are not controlled or maintained by us. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on the Site or available from such linked web sites. Use of any products and services advertised or promoted on the Site and the web sites linked to the Site is at your own risk. We encourage you to note when you leave the Site and to read the terms of use of such other web sites.
User Submissions Guidelines
Eligibility: We may permit written, photographic, video or other material to be submitted by you and other users (collectively, “User Submissions”) through the Site via e-mail or via any other means, and we may also permit the hosting, sharing, and/or publishing of such User Submissions. In order to submit a User Submission on the Site, you must be a legal resident of the 50 United States or the District of Columbia who is of legal age of majority in your jurisdiction of residence (and at least 18 years of age). You understand that whether or not such User Submissions are published or otherwise used, the Resort does not guarantee any confidentiality with respect to any submissions to the Site.
Submission Specifications: By making a submission to the Site (including, without limitation, any video submissions), you agree that such User Submission is original with you and accurate and that you own all right, title and interest in any User Submission you submit to us and any elements you include in the User Submission (such as photographs, footage and the like). You may be required to provide documentation in a form acceptable to us evidencing such rights. You also agree that the User Submission (i) does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance; (ii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another; (iii) does not promote any activities that may appear unsafe or dangerous; (iv) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (v) does not post advertisements or solicitations of business; (vi) does not contain copyrights, trademarks, logos, or trade dress owned by others; and (vii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.
You agree not to (i) use the Site, the Content (including, without limitation, the User Submissions), or any products or services included on or available through the Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Site, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Site are able to type, hacking or defacing any portion of the Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) u se any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content on the Site. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
We reserve the right to reject any User Submission that we determine does not meet any of the criteria set forth above. Also, we reserve the right not to accept any User Submission for any reason, or no reason at all, if in our sole discretion, we do not believe that the User Submission is appropriate for the Site. We will not advise you as to the reason why your User Submission has not been accepted. We may elect to post User Submissions that we believe do not violate the intent or purpose of these Terms and Conditions (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items) and/or other otherwise make use of User Submissions as provided under these Guidelines. We reserve the right, but undertake no duty, to review, edit, move or delete any material (including, without limitation, the User Submissions) provided for display or placed on the Site, in our sole discretion.
Ownership and Use of User Submissions: If you submit a User Submission to the Site, you hereby grant to the Resort and its designee a perpetual, irrevocable, non-exclusive, fully-paid up, royalty free, sublicenseable and transferable license to use the User Submission for all purposes, in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from you or any third party. For example, the above grant permits the Resort and its designees to use all or only certain portions of your User Submission, modify any audio tracks or visual images your provide, and/or incorporate other materials, either created by the Resort or licensed from others, with your User Submission. If we create other works using your User Submission, those works will be owned by us and may be used in accordance with these Terms and Conditions, and shall not be subject to your approval. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to display and perform such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions. You will not have any claim against us with respect to such use of the User Submissions, and to the extent, a claim is made against us or any of our licensees by any third party with respect to the User Submissions, you agree to indemnify and hold the Resort and its parent and affiliated companies, directors, employees, agents, representatives, lessors, licensees and contractors harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith. You may request removal of a User Submission that has been posted on the Site by clicking here. After receipt of your request for removal, we will endeavor to remove the User Submission; however, we will have no liability to you or anyone else resulting from our failure or refusal to remove a User Submission. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on the Site or using or accessing our interactive communication tools, and we may pursue any remedies available under these Terms and Conditions or at law.
When you submit a User Submission, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by the Resort and its related entities. If we make use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, or payment, notification or credit, nor will you have any approval over how we use the foregoing rights.
Discontinuation and Modification of Acceptance of User Submissions: TheResort reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Submissions and/or your ability to access User Submissions with or without notice in its sole discretion. You agree that the Resort shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Submissions.
Referral Programs; Forward to a Friend Opportunities
We may offer from time to time referral programs that permit you to submit information about other persons (each, a “ Referred Person ”), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the 50 United States or the District of Columbia, who is of legal age of majority in their jurisdiction of residence (and at least 18 years of age, or such other age designated on the sign-up page) and be able to register for the features offered on the Site and otherwise use the Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our “do not contact” or “do not e-mail” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms and Conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Site or a particular feature. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these Terms and Conditions. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the Site to communicate to a Referred Person (or any third party), you agree not to use the Site to harm the Referred Person or any other third party, and/or use the Site in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
Privacy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Site is subject to our Privacy Policy.
Infringement and Regulatory Complaints
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose any information we have about the identity of anyone uploading, downloading, or posting materials, or otherwise using the Site in violation of any applicable federal, state, or local laws.
We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission (including as part of a User Submission), please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
A description of the work you claim has been infringed;
Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
Jiminy Peak Mountain Resort, LLC
37 Corey Rd Hancock, MA 01237 413-738-5500
Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK. WE AND OUR RESPECTIVE PARENTS, SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY USER SUBMISSIONS) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITE, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE RESORT, OR ITS RESPECTIVE PARENTS, SUBSIDIARIES, PARTNERS, REPRESENTATIVES, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE RESORT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
You agree to defend, indemnify and hold the Resort and its respective parent companies, subsidiaries, partners, agents, affiliates, lessors, licensors, representatives, sponsors and advertisers and their respective officers, directors, shareholders, agents, affiliates and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content (including the User Submissions).
Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN YOU AND THE RESORT arising from or relating to these Terms and Conditions or your use of the Site, its interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or your use of the Site, advertising by the Resort, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Binding Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND THE RESORT, its respective agents, employees, principals, successors, assigns, or affiliates (collectively for purposes of this paragraph, the “Resort”) arising from or relating to these Terms and Conditions or your use of the Site, its interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or your use of the Site (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these Terms and Conditions), the Resort’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at www.adrforum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between you and the Resort. NEITHER YOU NOR THE RESORT SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER RESORT CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Resort will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Miscellaneous
These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
© 2011 Jiminy Peak Mountain Resort, LLC. All rights reserved.
