WEB TERMS OF USE

Version date: February 2021

Welcome to Alterra Mountain Company! The content on this website may be used to promote, sell, and market the products and services of Alterra Mountain Company and its subsidiaries. By accessing or using this website in any manner, you agree to be bound by the terms and conditions set forth below (“Agreement”). Please read this Agreement carefully. If you do not accept all of these terms and conditions, please do not use this website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or replace the Agreement without prior notice, and your continued access or use of this website signifies your acceptance of the then-current Agreement.

This Agreement uses certain terms defined as follows: the terms “we”, “us”, “our” and “Alterra Mtn. Co.” refer to Alterra Mountain Company and its subsidiaries. The terms “you” and “your” refer to the user accessing or using the website.

User Accounts

To access certain aspects and features of the website, such as placing orders and making reservations, you may be required to register an account with us. It is a condition of your use of the website that any and all information you provide is correct, current, and complete. You must treat your account information (including login credentials and personal data) as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person or entity with access to this website or portions of it using your login credentials or personal data (provided, however, that these restrictions do not apply to the sharing of account information with legal guardians). You may not register or open an account on our website if you are under 13 years of age. You are advised to sign out of your account at the end of each session. You agree to notify us immediately upon learning that another person or entity has accessed our website using your login credentials or personal data. Third-party businesses are expressly prohibited from using your account information to place orders or make reservations on your behalf.

Use Of The Website

As a condition of your use of this website, you warrant that (i) if you are executing any financial transactions (e.g. placing an order), you have the legal authority and authorized capacity to complete the transaction and create a binding legal obligation; (ii) you will use this website in accordance with this Agreement; (iii) you will only use this website to seek information about Alterra Mtn. Co. goods and services and to make legitimate reservations or purchases for you or for another person(s) for whom you are legally authorized to act and only to the extent permitted by the terms and conditions relating to such reservation or purchase; (iv) you will inform such other person(s) about the terms and conditions that apply to the reservations or purchases that you have made on their behalf, including all rules and restrictions applicable thereto; and (v) all information supplied by you on this website is true, accurate, current, and complete. We retain the right to deny anyone access to this website and the goods or services we offer, at any time and for any lawful reason, including for violation of this Agreement. Website access by means of bots, spiders, and similar tools is expressly prohibited, as is accessing the website for purposes of scraping or aggregating information or simulating the order placement or reservation booking process.

Certain Website Transactions

We reserve the right to revoke any offer or to refuse any order that you place with Alterra Mtn. Co. through this website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. This Agreement is subject to any terms and conditions that you accept in connection with completion of a transaction on our website and in the event of a conflict between this Agreement and any such terms and conditions, the terms and conditions will govern for purposes of that transaction.

Website Content/ Ownership

Unless otherwise noted, the website and all materials on the website, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress or other intellectual property in such materials (collectively, the “Alterra Mtn. Co. Content”) are owned or used under license by Alterra Mtn. Co.

The website and the Alterra Mtn. Co. Content are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only. No right, title, or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, copy or create similar trade dress, sell or exploit in any way any of the website or Alterra Mtn. Co. Content.

Pursuant to Title 17, United States Code, §512(c)(2), in the event that you believe in good faith that your copyrighted work has been reproduced and is accessible on the website in a manner that constitutes copyright infringement, please provide written notice of the suspected infringement Alterra Mtn. Co.’s legal department. Please include the following information in the written notice:

  • Identify your copyrighted work on which infringement is claimed and its location on the website;

  • Include a statement that the content of the written notice is accurate and, under penalty of perjury, you are, or are authorized to act on behalf of, the owner of the copyright for which you claim infringement;

  • A signature (electronic or physical) of you or an authorized signatory on behalf of the copyright owner asserting to the claim of copyright infringement and the submission of the notice.

Notices of infringement, including this required information, should include “DMCA Notice of Copyright Infringement” in the subject line and be sent to:

Alterra Mtn. Co.

Attention: Chief Legal Officer

Email: legal@alterramtnco.com

Alterra Mtn. Co. reserves the right to remove any content or material from the website that infringes on copyright under the laws of the United States or Canada provided that the written notice of infringement includes the required information set forth in Title 17, United States Code, §512(c)(2). Under United States law, written notices of infringement under Title 17, United States Code, §512(c)(2) that are not submitted in good faith may carry significant penalties.

Supplier Rules And Restrictions

Additional terms and conditions may also apply to (i) your reservation (if any); and (ii) your purchase of products or services (if any). Please read any applicable separate terms and conditions carefully as they may include restrictions or limitations on rental age, resort fees/charges, limitations of liability, and information regarding cancellation/refund policies, credit card billing information and much more. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. In the event of a conflict between this Agreement and any separate terms and conditions, the separate terms and conditions shall prevail. You acknowledge that Alterra Mtn. Co. and/or some third-party providers offering certain services and/or activities may require you to sign a release of liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to or use of the applicable product or services, in your forfeiting any monies paid for such reservation(s) or purchase(s), and/or in our debiting your account for any costs we incur as a result of such violation.

User Comments, Feedback, And Other Submissions

All comments, feedback, suggestions, ideas, videos, pictures, music, blogs, bulletin boards, and other submissions disclosed, submitted or offered to Alterra Mtn. Co., whether online, by email, by postal mail, or otherwise (“Comments”) shall be and remain Alterra Mtn. Co.’s property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Alterra Mtn. Co. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Alterra Mtn. Co. shall not be limited in any way in its use, commercial or otherwise, of any Comments. Alterra Mtn. Co. is and shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments. Alterra Mtn. Co. has the right but not the obligation to monitor and edit or remove any Comments from the website.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Alterra Mtn. Co. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Alterra Mtn. Co. takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Product Information

The prices displayed on the website are quoted in Canadian or U.S. Dollars, as indicated.

Certain products may be offered exclusively online through the website. Products may have limited quantities, be offered only for a limited time, or be subject to other terms and conditions.

Warranties, Disclaimers, And Limitations Of Liability

  • THE WEBSITE AND ALL WEBSITE CONTENT, INCLUDING ALTERRA MTN. CO. CONTENT, IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. ALTERRA MTN. CO. MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE WEBSITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE WEBSITE. ALTERRA MTN. CO. FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM ALTERRA MTN. CO. OR THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

  • IN NO EVENT WILL ALTERRA MTN. CO. BE LIABLE FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF PROFITS; (C) BUSINESS INTERRUPTION; (D) LOSS OF OR DAMAGE TO REPUTATION OF ANY PERSON OR ENTITY THAT MAY ARISE FROM, RELATE TO, OR OCCUR AS A RESULT OF THEIR USE OF THE WEBSITE; (E) LOSS OF INFORMATION OR DATA; OR (F) DIRECT DAMAGES IN EXCESS OF $500, REGARDLESS OF THE FORM OF ACTION; (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR ANY OTHER REASON) WITH RESPECT TO OR ARISING FROM YOUR USE OF THE WEBSITE, RELIANCE UPON THE CONTENT OF THE WEBSITE OR ANY RESERVATIONS OR PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders or reservations at any time without prior notice (including after you have submitted your order or reservation), if any information on the website is inaccurate.

Links to third party websites on this website are provided solely as a convenience to you. If you use these links, you will leave this website. Alterra Mtn. Co. has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, Alterra Mtn. Co. does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do this entirely at your own risk.

Harassment

You are prohibited to use the website in any manner so as to harass, threaten, embarrass, abuse or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any Comments or conduct that Alterra Mtn. Co. may deem, in its sole opinion to be vulgar, hateful or racially or ethnically offensive, or otherwise objectionable. For greater certainty, any message or conduct that is repeated after warning is given notifying that such conduct is unwelcome, constitutes harassment.

False Advertising Prohibited

You are prohibited to use the website to post any advertising promotions, and other content that contains false, misleading, defamatory, or deceptive statements or claims.

Gift Card Terms and Conditions

All prepaid Gift Card must be activated for use. Prepaid Gift Cards are redeemable for goods and/or services at participating locations at applicable resorts. Prepaid Gift Cards are not redeemable for cash except as required by law. Lost or stolen cards will not be replaced without the card number and the original receipt. You agree that we may provide notices, disclosures and amendments to these terms and conditions and other information relating to prepaid Gift Cards by electronic means, including posting such materials online. Prepaid Gift cards are issued by, and represents a legal obligation solely of, Intrawest Mountain Adventures, Inc. Our resorts and resort operating entities are not responsible for our Prepaid Gift Cards and you hereby knowingly release Alterra Mtn. Co., our resorts and resort operating entities from any and all liability or claims of any nature whatsoever arising in connection with this card. Your purchase, use, or acceptance of this card constitutes acceptance of these terms and conditions.

Network Security

Alterra Mtn. Co. assumes no liability or responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. Alterra Mtn. Co., its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, and suppliers shall not be liable for any inability, failure, or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet.

Privacy

The collection, use, and disclosure of your personal information from your use of the website is done in accordance with Alterra Mtn. Co.’s Privacy Policy (“Policy”), which can be found at https://www.alterramtnco.com/privacy-policy. Alterra Mtn. Co. encourages you to read this Policy and to visit this link often as the Policy is subject to change without notice to you.

Indemnification

Except to the extent prohibited under the applicable law, you agree to defend, indemnify and hold Alterra Mtn. Co. and its affiliated entities and any other party involved in the content or creation of this website, and each of their directors, officers, employees, agents, shareholders, licensors and representatives, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website or submission of Comments, or your breach of any representation, warranty, or other provision of the Agreement.

Governing Law & Venue

This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the jurisdiction of the state courts of Colorado located in Denver County, Colorado and by the federal courts, as applicable, located in Denver County, Colorado, whichever shall apply. For the avoidance of doubt, the governing law of a release of liability waiver shall prevail over this Agreement. You hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

Termination

This Agreement is effective unless and until terminated by either you or Alterra Mtn. Co. You may terminate this Agreement at any time by ceasing to use or interact with our website; however, this Agreement shall continue to apply to any prior transactions or interactions with this website. Alterra Mtn. Co. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the website. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Miscellaneous

  • This Agreement, together with any other terms and conditions you accept in connection with using our website, contain the entire agreement between you and Alterra Mtn. Co. regarding the use of the website and supersede any prior agreement between you and Alterra Mtn. Co. on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.

  • The failure of Alterra Mtn. Co. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  • If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement shall otherwise remain in full force and effect and enforceable.

  • The section titles in this Agreement are for convenience only and have no legal or contractual effect.