TERMS AND CONDITIONS OF USE

Terms and Conditions of Use

The terms and conditions of use set forth herein (“Terms”) relate to the access and use of our Sherpa On Mountain Audio Intelligence mobile applications designed for iPhone, iPad, iPod and other devices using the iPhone OS (“Apple Applications”) and for devices using the Android OS or any other operating systems (“Other Applications,” and together with Apple Applications, “Applications”). The Applications are provided by Powdr – Copper Mountain LLC, d/b/a Copper Mountain Resort (“Copper” or “we” or “us”).

“Copper Media” means the Applications and any data, graphic, image, database, photos, schematic, information or other material or content contained therein, or accessible therethrough. Your use of the Copper Media shall be subject to these Terms and by using the Copper Media you agree to be bound by these Terms.

You may use the Copper Media only if you are eighteen years or age or older, can form a binding contract with Copper Media, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you accept these Terms and use the Copper Media on behalf of a business organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

If you do not agree to these Terms, do not install, download, use or access the Copper Media. These Terms constitute the entire agreement between Copper and you pertaining to the subject matter of this Agreement. We reserve the right to change these Terms and/or the Copper Media from time to time. The Terms may be updated by posting the new or updated Terms on our website http://www.coppercolorado.com/. These Terms were last updated on October 23, 2014.

Ski Safety and Limitation of Liability

YOU UNDERSTAND, ACKNOWLEDGE AND ACCEPT THAT THERE IS A RISK OF INJURY AND DEATH TO YOU AND OTHERS THAT IS ASSOCIATED WITH SKIING, SNOWBOARDING, AND THE LIKE, AND THAT USE OF AUDIO, VISUAL AND/OR TACTILE FEATURES, PARTS OR CONTENT OF THE APPLICATIONS MAY ENHANCE SUCH RISK. IN USING THE APPLICATIONS, YOU AGREE TO STRICTLY ABIDE BY THE SKI SAFETY ACT, COLORADO REVISED STATUTES, TITLE 33, ARTICLE 44, AVAILABLE ON THE INTERNET AT HTTP://WWW.LEXISNEXIS.COM/HOTTOPICS/COLORADO/ FOR PUBLIC USE BY THE COMMITTEE ON LEGAL SERVICES OF THE COLORADO GENERAL ASSEMBLY THROUGH A CONTRACTUAL ARRANGEMENT WITH THE LEXISNEXIS GROUP. YOU FURTHER AGREE TO STRICTLY ABIDE BY “YOUR RESPONSIBILITY CODE” ESTABLISHED BY THE NATIONAL SKI AREAS ASSOCIATION, AVAILABLE ON THE INTERNET AT HTTP://WWW.NSAA.ORG/SAFETY-PROGRAMS/RESPONSIBILITY-CODE/. IN NO EVENT SHALL COPPER (NOR THE DEVELOPERS OF COPPER MEDIA) BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH, OR MEDICAL EXPENSES) ARISING OUT OF YOUR USE OF THE COPPER MEDIA, EVEN IF COPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Access to Copper Media

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Copper Media. Apple Applications are only licensed for use on a device owned or controlled by you and using the Apple iPhone OS, so you must make sure that you use an appropriate device to access and use any Apple Application. Other Applications may only be used on a device owned or controlled by you running the operating system for which the Other Application concerned was designed.

We currently provide our mobile services for free, but you acknowledge that your carrier's normal rates and fees, such as text messaging and data charges, may still apply.

We may, from time to time, restrict access to certain features, parts or content of the Copper Media, or the entire Copper Media, without any notice or liability to you or any third party.

Operation of the Copper Media

We cannot guarantee the continuous, uninterrupted or error-free operability of the Copper Media. There may be times when all of, or certain features, parts or content of, the Copper Media, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we shall not be liable to you or to any third party for any unavailability, accuracy, modification, suspension or withdrawal of any Copper Media, or any features, parts or content of any Copper Media.

What You are Allowed to Do

You may only use the Copper Media for your own non-commercial personal use and only in accordance with these Terms. Subject to these Terms, you may retrieve and display content from the Copper Media on a computer or mobile device, print pages from the Copper Media and store the Copper Media in electronic form. Subject to these Terms, you may create and add content to the Copper Media.

If skiing or riding while using the Copper Media, you agree to have the volume on your device turned down. You acknowledge that it is important that you are in control of your surroundings and that you hear everything around you while on the Mountain, and you agree to leave at least one ear free from any earbud, headphone, or listening device while skiing or riding.

Additional terms may also apply to certain features, parts or content of the Copper Media and, where such terms apply, are set out in these Terms or shall be displayed before you access the relevant features, parts or content.

What You are Not Allowed to Do

Except to the extent expressly set out in these Terms, you are not allowed to:

1. post unauthorized commercial communications (such as spam); 2. collect users’ content or information, or otherwise access the Copper Media, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; 3. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Copper media; 4. upload viruses or other malicious code; 5. solicit login information or access an account belonging to someone else; 6. bully, intimidate, or harass any user; 7. post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; 8. use the Copper Media to do anything unlawful, misleading, malicious, or discriminatory; 9. do anything that could disable, overburden, or impair the proper working or appearance of the Copper Media, such as a denial of service attack or interference with page rendering or other Copper Media functionality; 10. facilitate or encourage any violations of these Terms; 11. provide any false personal information on the Copper Media, or create an account for anyone other than yourself without permission; 12. create more than one personal account; 13. use the Copper Media primarily for your own commercial gain absent an express agreement with Copper; 14. use the Copper Media if you are under 18; 15. use the Copper Media if you are a convicted sex offender; 16. share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; 17. transfer your account (including any page or application you administer) to anyone without first getting our written permission; 18. republish, redistribute or re-transmit any Copper Media; 19. do anything to cause a slow-down or interruption of the Copper Media, or the distribution or display of unapproved content via the Copper Media; 20. copy or store the Copper Media other than for your own personal non-commercial use and as may occur incidentally in the normal course of use of your browser or mobile device; 21. store the Copper Media on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Copper Media; 22. add to, remove or change any content of the Copper Media or attempt to circumvent security or interfere with the proper working of the Copper Media or any servers on which it is hosted; 23. reverse engineer, decompile, disassemble or otherwise attempt to discover or directly access the source code of such Copper Media, and/or any component thereof; 24. create links to the Applications from any website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you do not frame or replicate any page of the Applications, and the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; or 25. otherwise do anything that it is not expressly permitted by these Terms.

You must only use the Copper Media and anything available via the Copper Media for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might infringe the rights of third parties or that might damage our name or reputation or that of any of our members or affiliates.

All rights granted to you under these Terms shall terminate immediately in the event that (i) you are in breach of any of these Terms; (ii) Copper is required by law to terminate the Copper Media or these Terms; or (iii) Copper decides to no longer provide certain portions of the Copper Media.

To do anything with the Copper Media that is not expressly permitted by these Terms, you shall need a separate license from us. Please contact us by email to sherpa@coppercolorado.com or by sending postal mail to: Copper Mountain Resort Sherpa App, 209 Ten Mile Circle, PO Box 3032, Copper, CO 80443.

Your Responsibilities as a Copper Media User

You agree to keep your contact information accurate and up-to-date. If you select a username or identifier for your account or page, we reserve the right to remove or reclaim it in our sole discretion.

You will not post content or take any action on Sherpa Copper Mountain that infringes or violates someone else's rights or otherwise violates the law. You will not post anyone's identification documents or sensitive financial information on the Copper Media. You will not use our copyrights or trademarks (including Sherpa Copper Mountain, the Sherpa Copper Mountain and Copper Mountain Logos), or any confusingly similar marks, except as expressly permitted by these Terms or with our prior written permission.

We can remove any content or information you post on the Copper Media if we believe in our sole discretion that it violates or is otherwise inconsistent with these Terms. If we remove your content for infringing a copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we may disable your account in our sole discretion. If we disable your account, you will not create another one without our permission.

Apple Applications

The Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”).

If the Copper Media that you access and use is an Apple Application:

1. the Apple Application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS; 2. you acknowledge and agree that: A. Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact us, not Apple, using the contacting us details at the end of these Terms; B. although these Terms are entered into between us and you (and not Apple), Apple, as a third party beneficiary under these Terms, shall have the right to enforce these Terms against you; C. except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Apple Application are between you and us (and not between you, or anyone else, and Apple); and D. in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Apple Application infringes any intellectual property rights, Apple shall not be responsible or liable to you in relation to that claim; 3. you represent and warrant that: A. you are not, and shall not be, located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country; and B. you are not listed on any US Government list of prohibited or restricted parties; and 4. if the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which shall then refund the purchase price of the Apple Application to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and shall not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Apps or relying on any of its content.

Intellectual Property Rights

The Copper Media may be protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted are reserved by Copper. All Copper Media, content and material, including copyright and trademark therein, is owned by Powdr – Copper Mountain LLC or their respective copyright or trademark holders.

Except as expressly set out herein, all intellectual property rights in the Copper Media and in any content of the Copper Media (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out herein, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using any Copper Media. In the event you print off, download, transmit, copy or store any Copper Media (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Copper does not want to receive confidential or proprietary information from you through the Copper Media. Please note that any content you submit, post or display on or through the Copper Media will be deemed NOT to be confidential.

You retain your rights to any content you submit, post or display on or through the Copper Media, but you also agree that Copper is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. By submitting, posting or displaying content on or through the Copper Media, you grant us a perpetual, worldwide, non-exclusive, sub-licensable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed. By submitting, posting or displaying content on or through the Copper Media, you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any such content.

Copper respects the intellectual property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Copper has designated an agent to receive notifications of alleged copyright infringement associated with the Copper Media. Copper shall, upon receiving proper notice, act to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work is being infringed, please notify us (see the Contacting Us section below). Copper shall promptly notify you after removing access to any allegedly infringing material to allow you to prove that you have rights to the materials.

Content and Its Intended Use

We may change the format and content of the Copper Media from time to time. You agree that your use of the Copper Media is on an ‘as is’ and ‘as available’ basis and at your sole risk. We retain the right to limit your use of the Copper Media at our sole discretion, at any time, and without prior notice to you. We reserve the right at all times to remove or refuse to distribute any content on the Copper Media, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of is, our users and the public.

You are responsible for your use of the Copper Media, for any content you post to the Copper Media, and for any consequences arising from that use or content. Any content you submit, post, or display will be viewable and usable by other users of the Copper Media and may be viewable through third party services and websites.

You provide consent and all rights necessary to enable users to sync (including through an application) their devices with, and use any information that is visible to them on Copper Media.

We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Copper Media. We cannot and do not guarantee that any content of the Copper Media shall be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content. We cannot and do not guarantee that the Copper Media is free from content created in areas of the mountain that are closed to public skiing. You are responsible to obey all on-hill Ski Patrol markings and check the Daily Snow Report for the most up-to-date conditions and trail statuses. Any use of reliance on any content or materials posted on or viewed though the Copper Media is at your own risk.

Privacy

Any information or content that you provide or add to the Copper Media is subject to our Privacy Policy, available at http://www.coppercolorado.com/winter/privacy. You understand that through your use of the Copper Media you consent to the collection and use of this information as set forth in the Privacy Policy. By providing your email address in connection with use of Copper Media, user consents to the receipt of emails from Copper and its partners, the primary purpose of which may be commercial in nature.

No Warranties

COPPER EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE COPPER MEDIA. THE COPPER MEDIA IS PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. COPPER DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE COPPER MEDIA. COPPER MAKES NO WARRANTIES RESPECTING ANY HARM.

Further Limitation of Liability

IN NO EVENT SHALL COPPER (OR THE DEVELOPERS OF COPPER MEDIA) BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE COPPER MEDIA, EVEN IF COPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COPPER (OR THE DEVELOPERS OF COPPER MEDIA) BE LIABLE FOR LOSS OF DATA ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE COPPER MEDIA OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGES BASED IN CONTRACT, TORT OR OTHERWISE.

IN NO EVENT SHALL COPPER (OR THE DEVELOPERS OF COPPER MEDIA) BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE CONTENT OF THE COPPER MEDIA OR ANY PART THEREOF, INCLUDING USE BY YOU, COPPER OR ANY OTHER COPPER MEDIA USER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, COPYRIGHT, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.

Indemnification

You agree to protect, indemnify, defend, and hold harmless Copper, its members and participants and all of their respective parents, owners, subsidiaries, affiliates, officers, directors, shareholders, employees and volunteers from and against all liabilities, claims, losses, costs, damages, expenses (including but not limited to court costs and attorneys' fees), actions, suits, judgments and demands arising directly or indirectly from or out of or in connection with: (i) your use of the Copper Media, (ii) use of the Copper Media by Copper or any other Copper Media user or third party, and (iii) your use of, or participation in, any activity at Copper Mountain Resort. The provisions of this paragraph shall survive the termination of this agreement.

External Links

Copper Media may, from time to time, include links to or feeds from external sites, including social media sites. As such, your postings or third party postings on external sites may appear on Copper Media. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they shall be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or content.

General

These Terms shall be governed by the laws of the State of Colorado, and you agree that any dispute between us regarding them or the Copper Media shall only be dealt with by the courts of the State of Colorado. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

All provisions and restrictions of these Terms which may reasonably be interpreted or construed as surviving the termination, shall survive the termination.

The failure of Copper to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Contacting Us

Please submit any questions you have about these Terms or any problems concerning the Copper Media by email to sherpa@coppercolorado.com or by sending postal mail to: Copper Mountain Resort Sherpa App, 209 Ten Mile Circle, PO Box 3032, Copper, CO 80443.