Jackson Hole Mountain Resort Terms and Conditions

Last revised: 4/28/2014

These Terms and Conditions apply to your use of the following websites:

https://www.jacksonhole.com
https://www.tetonvillagesports.com
https://shop.jacksonhole.com
www.hobacksports.com
http://www.jhrl.com

https://www.jacksonholeresortreservations.com

(each a "Site" and collectively the "Sites"), which are owned and provided by Jackson Hole Mountain Resort (including its affiliates). Your use of and access to the Sites and participation in any activities offered at Jackson Hole Mountain Resort (the "Resort") is governed by and subject to the following Terms and Conditions. If you do not agree to these Terms and Conditions, or if you do not agree with our Privacy Policy http://www.jacksonhole.com/privacy.html, please do not use this Site or any services offered by this Site or at the Resort. BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.

Customer Accounts
In order to use certain features of the Sites, such as purchasing lift tickets, renting equipment or making reservations, you will have to create an account ("Customer Account"). You may never use another's Customer Account without permission. When creating your Customer Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your Customer Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Customer Account.

Intellectual Property Ownership
Unless otherwise noted, all text, content and documents on the Sites; any names, logos, service marks and trademarks appearing on the Sites — including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights and trade dress; and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials (collectively "Content") are owned by us or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. All right, title and interest in and to the Content will at all times remain with us and/or its Owners. The trademarks "Jackson Hole Mountain Resorts," "Jackson Hole," the "Jackson Hole" logo and other marks, logos and titles used on the Sites are registered and/or common law trade names, trademarks or service marks owned by us and/or the Owners.

Limited Use and Restrictions on Use
The use or misuse of any Content, except as provided in these terms and conditions, is strictly prohibited. We grant you a non-exclusive, limited, personal, non-transferable, revocable, right and license — without right to sublicense — to access and use the Content on the following conditions: (a) You may not distribute text or graphics to others without our express written consent; (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server or modify or reuse all or part of the Content on this system or another system; (c) you shall not use any form of our name, tradename, trademark or brand name in metatags, keywords and/or hidden text; (d) you may not copy, distribute, modify, transmit, reuse, re-post or otherwise display the Content for public or commercial purposes without our prior written permission for such use of Content; (e) you agree you will not create derivative works from or commercially exploit the Content, in whole or in part, in any way; (f) you shall not use the Sites, the Content and/or any portion thereof in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner, or any third party referenced therein; (g) you shall use the Content and/or any services and products on the Site or accessible via the Site for lawful purposes only; and (h) you shall not publicly display, perform, or distribute the Content — either in whole or in part — and shall not modify, translate, alter or create any derivative works thereof. We reserve all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Content on the Sites. We may revoke or restrict any of the foregoing rights as well as your access to the Sites at any time without prior notice, including by blocking your IP address.

Submitted Ideas
Except with respect to your Information (as defined and described in our Privacy Policy http://www.jacksonhole.com/privacy.html), we do not want and cannot accept any ideas or information you consider to be confidential and/or proprietary. All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed by you on or through a Site shall be deemed to be nonconfidential and nonproprietary and shall be our exclusive property, and we shall be entitled to unrestricted use of the information for any purpose whatsoever, without compensation to you.

YouTube Service Terms
By accessing, browsing, or otherwise using the site, you acknowledge that you have read, understand, and agree to the terms and conditions listed in the YouTube Service Terms.

Digital Millenium Copyright Act
We are committed to respecting and protecting the legal rights of copyright owners. If you believe any Content available on the Sites infringes upon your intellectual property rights, please submit a notification detailing such alleged infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to our designated agent, ("Copyright Agent"), as set forth below, and (ii) must include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our Copyright Agent to receive DMCA Takedown Notices is copyright@jacksonhole.com. For clarity, only DMCA Takedown Notices should be sent to the Copyright Agent.

United States Only
By using the Sites or the Resort, you agree and acknowledge that your use of the Sites or the Resort is governed by U.S. law, and you consent to the application of the laws of the United States and/or the State of Wyoming — other than such rules, regulations, case law and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Wyoming — and to the exclusive jurisdiction of the District Court for Teton County, Wyoming, Ninth Judicial District.

Disclaimers
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND — EITHER EXPRESS OR IMPLIED — INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR EMPLOYEES AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; THAT YOUR USE OF THE SITES WILL MEET YOUR EXPECTATIONS; OR THAT THE SITES OR CONTENT — OR ANY PORTION THEREOF — IS CORRECT, ACCURATE OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE SITES AT ANYTIME WITHOUT NOTICE.

Notice of Inherent Risks and Assumption of Risks
PARTICIPATION IN ANY AND ALL WINTER RECREATION ACTIVITIES IN THE MOUNTAINOUS TERRAIN OF THE JACKSON HOLE MOUNTAIN RESORT — INCLUDING WITHOUT LIMITATION SKIING, SNOWBOARDING, SIGHTSEEING, CLIMBING, PARAGLIDING AND USE OF THE SKI LIFTS, FACILITIES AND TERRAIN — INVOLVES SUBSTANTIAL AND INHERENT RISKS, HAZARDS AND DANGERS THAT MAY RESULT IN PERSONAL INJURY, INCAPACITY, PARALYSIS, DEATH OR DAMAGE TO PROPERTY; SUCH RISKS AND DANGERS INCLUDE WITHOUT LIMITATION VARIATIONS IN TERRAIN; EXISTING AND CHANGING SNOW CONDITIONS; CHANGING WEATHER CONDITIONS; LIGHTNING; THUNDER STORMS; DIFFICULTY WITH ROUTE FINDING; HIGH ALTITUDE; SKI LIFT, MECHANICAL AND EQUIPMENT FAILURES; ROCKS; STUMPS; TREES; CLIFFS; STREAMS; WILDLIFE; CLOSED AREAS; COLLISIONS WITH OTHER SKIERS; AND COLLISIONS WITH NATURAL AND MAN-MADE OBJECTS AND FEATURES WHICH MAY NOT BE MARKED. SNOWMAKING AND GROOMING ACTIVITIES AND EQUIPMENT, AND SNOWMOBILES MAY BE ENCOUNTERED AT ANY TIME. YOU UNDERSTAND, ACCEPT AND ASSUME RESPONSIBILITY FOR OBEYING ALL INFORMATION, RULES AND REGULATIONS PROVIDED TO YOU BY US IN CONNECTION WITH YOUR USE OF THE RESORT OR ANY FACILITIES OR SERVICES AVAILABLE AT THE RESORT, INCLUDING ALL WYOMING LAWS, AND TERMS AND CONDITIONS POSTED THROUGHOUT THE RESORT. IN CONSIDERATION OF SUCH USE, AND IN ACCORDANCE WITH THE WYOMING RECREATIONAL SAFETY ACT WYOMING STATUTES §§ 1-1-121 TO 1-1-123, YOU ACCEPT AND ASSUME ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH SUCH FACILITIES AND ACTIVITIES. FURTHER, IF YOU INJURE ANOTHER PERSON YOU ASSUME SOLE RESPONSIBILITY FOR ANY PERSONAL INJURIES.

Limitation of Liability
YOUR USE OF THE SITES IS AT YOUR RISK. NEITHER US, OUR AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION LOSS OF DATA, INCOME, PROFIT OR GOODWILL; LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITES, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITES OR THESE TERMS AND CONDITIONS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITES AND THEIR SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.

IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

No Framing, Links or Third Party Sites
Framing, in-line linking or other methods of association with the Sites are expressly prohibited without our prior written approval.

Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions.

Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction.

Changes to Pricing and Terms and Conditions
We reserve the right to modify these Terms and Conditions, and/or prices and information provided on or through the Sites, at any time — effective upon posting of an updated version of these Terms and Conditions and/or pricing on the Site(s). You are responsible for regularly reviewing these Terms and Conditions for any such changes. Continued use of a Site by you after any such changes will constitute your consent to the changes.

Miscellaneous
Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Applying to the Resort: Notice of Inherent Risks and Assumption of Risks
Participation in any and all winter recreation activities in the mountainous terrain of the Jackson Hole Mountain Resort — including without limitation skiing, snowboarding, sightseeing, climbing, paragliding and use of the ski lifts, facilities and terrain — involves substantial and INHERENT RISKS, HAZARDS AND DANGERS that may result in personal injury, incapacity, paralysis, death or damage to property; such risks and hazards include without limitation variations in terrain; existing and changing snow conditions; changing weather conditions; lightening; thunder storms; difficulty with route finding; high altitude; ski lift, mechanical and equipment failures; rocks; stumps; trees; cliffs; streams; wildlife; closed areas; collisions with other skiers; and collisions with natural and man-made objects and features that may not be marked. Snowmaking and grooming activities and equipment and snowmobiles may be encountered at any time.

The Holder of this pass understands, accepts and will obey the Jackson Hole Mountain Resort Winter Season Pass Information, Rules and Regulations provided at receipt of this pass. The Holder understands that he or she has and must prudently exercise duties and responsibilities while using the Resort's facilities and participating in recreation activities at the Resort and that it is the Holder's responsibility to follow all Resort regulations, rules and policies, Wyoming laws and any and all Terms and Conditions of Resort use posted throughout the Resort. In consideration of such use, and in accordance with the Wyoming Recreational Safety Act Wyoming Statutes §§ 1-1-121 to 1-1-123, the Holder accepts and assumes any and all risks and dangers associated with such facilities and activities. If the Holder desires financial protection against personal injuries, the Holder must obtain protective insurance, including without limitation life insurance, health insurance and/or liability insurance if Holder injures another person. The Holder further agrees that venue for any disagreement that might arise between the Holder and the Resort shall be in the District Court for Teton County, Wyoming, Ninth Judicial District.