Intrawest Colorado Website User Agreement

By using this site, you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use this site and you should leave the site immediately. The Resorts (defined below) reserve the right to change the terms of this Agreement at any time, at their sole and complete discretion. If you continue to use this site following changes to the User Agreement you will be bound by the changes made. So, please check this User Agreement periodically for any changes that may have been made.

Restrictions on Use

This site is owned and operated by Intrawest/Winter Park Operations Corporation (“Winter Park”) and/or Copper Mountain Inc (“Copper”). Collectively Copper and Winter Park are referred to as the “Resorts”) No material from coppermeetings.com, coppercolorado.com or any website owned, operated, licensed, or controlled by Winter Park or Copper (each or collectively a ”Resort website”) may be copied, reproduced or distributed without the express written consent of the Resorts, except that you may download one copy of the materials on one computer for your personal, noncommercial use only. The use of any such material on any other website or electronic medium is prohibited. When you download materials from a Resort website, you must keep intact all copyright, trademark and other notices. Modification of the materials or use of the materials for any other purpose is a violation of the Resorts’ rights.

Software, files, images, or data downloaded are licensed to you by the Resorts for the limited use described in the preceding paragraph. The Resorts transfer no other right, title or interest to the items to you. The Resorts for themselves or their licensor retain full and complete title to the items, and all intellectual and intangible property rights therein. Generally, the Resorts are happy that you would like to use photographs from a Resort website. If you wish to obtain permission to use photos, logos, or trail maps, contact the conference sales team.

You may not add to or delete from any Resort website unless doing so is expressly permitted on the website. If posting materials is permitted, you may not post messages that are promotions of goods and services offered by persons other than the Resorts, their subsidiaries and affiliates unless specifically authorized and you may not place or display materials on the website if they are false or misleading in any material respect.

Intellectual Property

The Resorts’ trademarks servicemarks and trade names (collectively “Resort Marks”) are the sole property of or under exclusive license to Winter Park or Copper or their affiliates. (As used herein, affiliates means parents, subsidiaries, entities under common ownership or control with Winter Park and/or Copper, their employees, officers, directors, agents and attorneys.) Except as may be specifically granted herein or otherwise in writing by Winter Park or Copper, you do not have any right, title or interest in them or any rights to use, reproduce or display them. You agree that all the Resort Marks have great value and good will and, in the event of a breach of this section, injury to the Resorts or either of them would be irreparable and, therefore, injunctive relief to protect the Resorts’ interests would be appropriate in addition to damages or any other relief permitted by law. Unless otherwise specified, the materials on the Resort websites are presented solely for the purpose of promoting Winter Park Resort® and Copper Mountain Resort® which includes the Winter Park®, Vasquez Mountain®, Mary Jane® and Copper Mountain® Ski Areas, all of which are located in Colorado.

Jurisdictional Issues

This agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado and of the United States, where applicable. Exclusive jurisdiction and venue for any legal proceedings related to this agreement or any Resort website shall be in the District Court for Grand County or Summit County, Colorado or in the United States Federal District Court for the District of Colorado. You hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such proceedings.

Termination

You may terminate this Agreement at any time by destroying all materials obtained from any Resort website and all copies thereof. This User Agreement may be terminated by the Resorts without notice if, in the Resorts’ sole discretion, you fail to comply in any way with the terms hereof.

Disclaimer

The Resort websites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant by law, The Resorts disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Resorts do not warrant that (i) Resort websites or their operation will be error-free or uninterrupted, (ii) that the sites are free from viruses, or (iii) the accuracy of information on a Resort website. The Resorts expressly disclaim any responsibility for the accuracy or reliability of sites that link to or from the Resorts websites or the security of information you may be requested to provide such sites, and you hereby irrevocably waive any claim against Winter Park, Copper, their affiliates and licensors with respect to such sites. Prices, terms and conditions of offers made and information contained on any Resort website are subject to change at any time without notice or liability to the Resorts and their affiliates.

Limitation of Liability

Under no circumstances shall the Resorts and/or their affiliates or licensors be liable for any special or consequential damages that may occur during or as the result of the use of or the inability to use any Resort website, even if the Resorts or either of them or an agent of them has been advised of the possibility of such damages. In the event the Resorts or either of them is held liable for damages for any reason, the Resorts’ total liability, whether in tort or contract or equity for all damages, losses, and causes of action will not exceed the amount paid by you for accessing this site.

Miscellaneous

Severability. If any clause or provision of this agreement is held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect.

Amendment. No amendment, alteration, modification of or addition to this agreement shall be valid or binding unless posted on a Winter Park website by Winter Park or otherwise expressed in writing and signed by the Resorts.

Captions. The captions of each section are for convenience only and shall have no effect in the construction of any provision of this agreement.

Attorneys’ Fees. If any party hereto shall bring any suit or action in law or in equity against another arising out of or relating to this agreement or a Resort website, the prevailing party shall have and recover against the other party, in addition to all court costs , such sum as the court may adjudge to be reasonable attorneys’ fees.

Survival. Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this agreement shall survive the termination of this agreement.

Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of Winter Park and/or Copper.