1. Acceptance of Terms
By accessing or using the EverPeak Resorts website, mobile application, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
EverPeak Resorts ("we," "us," or "our") reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. We encourage you to review this page periodically for the latest information on our terms of use.
2. Description of Service
EverPeak Resorts provides a comprehensive digital platform for winter sports enthusiasts. Our Service includes, but is not limited to:
- Detailed guides to global ski resorts and mountain destinations.
- Real-time snow reports, weather forecasts, and slope conditions.
- Aggregation of booking deals for lodging, lift tickets, and equipment rentals.
- Interactive content, including the "Slope Runner" game.
- Editorial content via the Alpine Blog.
You acknowledge that the Service is provided for informational and entertainment purposes. While we strive for accuracy, the dynamic nature of mountain environments means conditions can change rapidly.
3. User Accounts & Security
To access certain features of the Service, such as exclusive booking deals or saving favorite resorts, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. User Conduct
You agree not to do any of the following while using the Service:
- Post, upload, or distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene.
- Use the Service for any commercial purpose not expressly permitted by these Terms.
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
- Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
5. Booking & Payments
EverPeak Resorts may act as an intermediary or aggregator for third-party travel providers ("Providers"), including ski resorts, hotels, and equipment rental shops. When you make a booking through our Service:
- Third-Party Contracts: Your booking is governed by the terms and conditions of the specific Provider. We are not a party to the contractual relationship between you and the Provider.
- Pricing: Prices are dynamic and subject to change until a booking is confirmed. We cannot guarantee the availability of specific rates.
- Cancellations: Cancellation policies vary by Provider. It is your responsibility to review the specific cancellation policy applicable to your booking.
Note: EverPeak Resorts is not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such Providers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
6. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of EverPeak Resorts and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
User Content: By posting reviews, photos, or other content to the Service, you grant EverPeak Resorts a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
7. Disclaimers & Snow Reporting
Specific Disclaimer Regarding Mountain Conditions: Snow reports, trail statuses, and weather forecasts provided on the Service are based on data from third-party sources and resort operators. Mountain weather is unpredictable. "Powder days," lift openings, and trail counts are estimates and not guarantees. We do not warrant that the information is 100% accurate, complete, or current.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERPEAK RESORTS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
IN NO EVENT SHALL EVERPEAK RESORTS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
Skiing, snowboarding, and mountain travel involve inherent risks of injury and death. By using our guides to plan your trips, you assume all risks associated with the activity.
9. Indemnification
You agree to defend, indemnify, and hold harmless EverPeak Resorts and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.