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This Agreement shall continue in effect while you are a Solitude Mountain Ski Area, LLC Associate or are otherwise authorized to use the Application. However, Solitude Mountain Ski Area, LLC reserves the right to deny access to, and use of, the Application to any Associate for any lawful reason, including violations of this Agreement or conduct inconsistent with Solitude Mountain Ski Area, LLC's policies or codes of conduct. Even after your access rights and use have terminated, the following sections will remain in effect: 1 (Term), 3 (Disputes Between Associates), 4 (Arbitration of Disputes with Solitude Mountain Ski Area, LLC), 5 (Warranty Disclaimers), 6 (Limitation on Liability), 7 (Indemnity), and 8 (Miscellaneous).
We may modify this Agreement from time to time. When we do, we will notify you by email. It is, therefore, very important that you notify us when your email address changes. You may do so by clicking “view your profile” then “edit” on the Application. Any changes to this Agreement will also be reflected on the Application. If you continue to use the Application after a modified Agreement has been emailed to you or posted, you agree to be bound by the new Agreement. If you do not wish to be bound by the new Agreement, do not use the Application.
3. Disputes Between Associates
You are solely responsible for your conduct, and we expect you to act in a manner consistent with Solitude Mountain Ski Area, LLC's policies, this Agreement, the Community Guidelines, all applicable laws and regulations, and the Basic Beliefs.
4. Arbitration of Disputes with Solitude Mountain Ski Area, LLC
4.1 Arbitration of All Disputes
You and Solitude Mountain Ski Area, LLC agree that –unless otherwise provided for by law -- any controversy or claim, arising out of or relating to this Agreement or its breach, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the state where you reside, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either you or Solitude Mountain Ski Area, LLC from applying to a court of competent jurisdiction for equitable or injunctive relief.
4.2 Choice of Law and Forum
Subject to Section 4.1, you and Solitude Mountain Ski Area, LLC agree to submit to the exclusive jurisdiction of state and federal courts located in Utah. You and Solitude Mountain Ski Area, LLC further agree that any disputes shall be resolved under the substantive law of the state of Utah (exclusive of its choice of law provisions).
Please read the following sections carefully as they may affect your rights.
5. Warranty Disclaimers
The Application, operation of the Application code, the Application contents (including, but not limited to, linked site contents, products, or services offered by a third party and Communications), as well as the operation of, and effects of and access to, this Application and linked sites are provided "AS IS." Solitude Mountain Ski Area, LLC does not represent or imply that it endorses any Communications available on the Application or any content or Communications linked to by the Application. Solitude Mountain Ski Area, LLC, its predecessors, owners, directors, officers, personnel, licensors, suppliers, agents, and contractors specifically disclaim any and all statutory, express, or implied warranties including, but not limited to,
warranties of: (a) suitability for any particular purpose; (b) merchantability; (c) completeness; (d) accuracy; (e) non-infringement; (f) injury to personal or proprietary rights; and (g) freedom from technical errors or unauthorized, injurious intrusions or items such as hacking, viruses, and other harmful components.
Please note that some state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
6. Limitation on Liability
Unless otherwise provided by law, Solitude Mountain Ski Area, LLC shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages, arising from your use of the Application, even if Solitude Mountain Ski Area, LLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Agreement, Solitude Mountain Ski Area, LLC's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be capped at and limited to $100.
You agree to indemnify and hold Solitude Mountain Ski Area, LLC, its subsidiaries, affiliates, and licensors and their respective officers, agents, partners, directors, shareholders, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other person due to, or arising out of, your Communications, your use of the Application in violation of this Agreement, or any other breach of this Agreement.
8.1 Entire Agreement
This Agreement, along with the Liftango Inc. Legal Terms of Service, constitutes the entire agreement between you and Solitude Mountain Ski Area, LLC regarding the use of the Application.
The failure of Solitude Mountain Ski Area, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
8.3 Section Titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You may not assign your rights under this Agreement to any third party; Solitude Mountain Ski Area, LLC may assign its rights under this Agreement without condition.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
8.6 No Third-Party Beneficiaries
This Agreement is between you and us. There are no third-party beneficiaries to the Agreement.
8.7 Liftango Promotions and Incentive Plan
Eligibility for the Liftango Promotions and Incentive Plan (as described in the Liftango Inc. Legal Terms of Service) is at the sole discretion of Solitude Mountain Ski Area, LLC and Liftango Inc.