APRES-SKI™ Terms & Conditions of Use

INTRODUCTION

In order for this to be a successful program that adds value to all parties involved, we have created these guidelines. Please ensure that you read, understand, and follow these policies at all times.

This website is owned and operated by APRÈS-SKI™ (“Us,” “We”). By accessing APRÈS-SKI™ (also referred to as “our Website” or “the Site”) in any form, (website, mobile site, mobile app, etc.) you acknowledge and agree that you have read, understood and are agreeing to be bound by all of the terms and conditions of use, without modification, of APRÈS-SKI™ as provided in this Agreement and that you agree to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use APRÈS-SKI™ or any of our services. You represent that you are at least 21 years old.

For purposes of this Agreement, “Users” refers to all website visitors regardless of whether or not they create an account on APRÈS-SKI™.

GENERAL TERMS

Your use of APRÈS-SKI™ and any of our services is at your own risk. Listings, event details, photos, and any other information posted on APRÈS-SKI™ may be incorrect, outdated or contain typographical errors. We strongly encourage you to contact the venue directly for all up-to-date and accurate information. We do not endorse the views, opinions, recommendations, or descriptions expressed in the content of APRÈS-SKI™. You are responsible for maintaining the confidentiality of your password and account information (if applicable) and are responsible for all activities that occur under your account.

Account Term: This Agreement shall commence upon your use of this website and will continue until you cease to use this website.

When you use APRÈS-SKI™ for yourself or anyone else, you agree to:

Verify and confirm event/special information with venues directly before arriving at an establishment, since offers and details may change at any time.
Contact Us about any venues that have closed, are not honoring their posted events/specials, or have incorrect information posted so we can follow up.
Only attempt to redeem an alcohol-related special if you are of legal drinking age, and agree to drink responsibly and adhere to all applicable laws
Recognize that venues are in control of all specials and events. APRÈS-SKI™ takes no responsibility for the outcome of specials redeemed or events attended.
Have read, comprehend and be bound by the full Terms and Conditions listed here and check back frequently for updates or changes.

VALIDITY OF OFFERS

Venues can change or delete their specials and events at any time and without previous notice. Please check with the venue directly to verify their offers, and remember that an offer that is valid now may not be valid later. Venues are not required to give prior notice before changing or canceling specials or events.

ADDING AND SUGGESTING NEW EVENTS AND SPECIALS

When you add a new event or special to APRÈS-SKI™, you agree to:

Ensure that all information submitted is accurate at the time of submission
Read applicable APRÈS-SKI™ emails and respond if necessary

You are responsible for all content that you post or suggest. You agree to not post or suggest information that:

Is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to APRÈS-SKI™. or APRÈS-SKI™ users
Involves or incites illegal activity
Includes unauthorized disclosure of personal information
Violates or infringes anyone’s intellectual property rights
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

You understand and agree that by adding a special or event you will also be signed up for relevant APRÈS-SKI™ email lists to receive notifications and promotional emails. You represent and warrant that You have the authority to make decisions and enter agreements on behalf of any business that you claim to represent. You represent and warrant that all content posted by you is publicly available information or that you otherwise have the right to grant the ownership to APRÈS-SKI™. You represent and warrant that your content does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any content on the Site posted or suggested by you.

We reserve the right to edit or remove content that violates these Terms, contains third-party commercial advertisements or for any other reason at the sole discretion of APRÈS-SKI™.

We reserve the right to suspend or terminate any User account for any reason whatsoever and without prior notice. All sales are final and no refunds will be given.

LAWS PERTAINING TO DRINK SPECIALS AND ALCOHOL

YOU ARE FULLY RESPONSIBLE FOR YOUR USE OF THIS SITE AND AGREE TO NOT HOLD APRÈS-SKI™ RESPONSIBLE FOR CONTENT POSTED AND SPECIALS AND EVENTS PROMOTED ON APRÈS-SKI™. This applies to all events produced by APRÈS-SKI™ as well, since the venues manage the serving of alcohol and the confirming of minimum age requirements. APRÈS-SKI™ accepts no responsibility or liability for the outcome of any special or event listed on our site. Additionally, if you represent a venue, it is your sole responsibility to follow and abide by all applicable laws regarding the offering and promotion of drink specials and alcohol, as well as to verify legal drinking age before serving alcohol and monitor alcohol intake for all of your customers.

ADVERTISERS AND SPONSORS

There are several methods of advertising available on APRÈS-SKI™, including but not limited to sponsorships, banner ads, newsletter ads, popup ads and social media posts. Please contact us to confirm the dates that your ad(s) will run. After we confirm dates and you finalize your payment, your advertisement will be considered booked. We do not guarantee the success of any sponsorship or advertising campaign and no refunds will be given. Please see below for other terms related to unforeseen, unexpected or uncontrollable outages that may affect your campaign.

OTHER LEGAL PROVISIONS

APRÈS-SKI™ ASSUMES NO RESPONSIBILITY FOR THE OUTCOME OF ANY ACTION THAT OCCURS FROM YOUR PARTICIPATION WITH OUR PROGRAM OR YOUR INTERACTION WITH OUR SITE. THIS INCLUDES BUT IS NOT LIMITED TO DISCOUNTS, DRINK SPECIALS, AND EVENTS LISTED ON OUR SITE, EVENTS THAT WE ORGANIZE FOR USERS, AND MARKETING, PROMOTION, AND COMMUNICATION THAT WE CONDUCT ON BEHALF OF VENUES.

NO CHALLENGE TO OUR PROPRIETARY RIGHTS

You acknowledge that You obtain no proprietary rights in Après-Ski's trademarks, service marks, tradenames, URLs, copyrighted material, patents, and patent applications, and agree not to challenge Après-Ski’s proprietary rights.

REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND LIMITATIONS

Business Operations: We will make reasonable commercial efforts to keep APRÈS-SKI™ operational, however, You agree that it is normal to have a certain amount of system downtime and agree to not hold APRÈS-SKI™ liable for any of the consequences of such interruptions, even if it means lost revenue potential for You.
Authority: Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf.
Compliance with Laws: You are responsible for compliance with the requirements of all relevant legislation (including subordinate legislation and the rules of statutorily recognized regulatory authorities) in force or applicable in the United States or in any other applicable territory, and warrant that no promotion method used by You or the content of your website(s) or social media accounts will render APRÈS-SKI™ liable to any proceedings whatsoever.
Limitation of Liabilities: If we cease operations you will be owed nothing. Furthermore, no action, suit or proceeding shall be brought against APRÈS-SKI™; it’s officers, directors, employees, subsidiaries, agents, and subcontractors. You agree that APRÈS-SKI™ shall not be liable to you or any third party for any consequential, exemplary, special, incidental, or punitive damages, including, but not limited to, loss of goodwill, lost profits, business interruption, loss of programs or other data, even if advised of the possibility of such damages or claim. YOU ARE COMPLETELY AND SOLELY LIABLE FOR ALL OF YOUR ACTIONS RELATED TO YOUR INVOLVEMENT WITH APRÈS-SKI™.
Disclaimer of Warranties: To the fullest extent permissible pursuant to applicable law, APRÈS-SKI™ disclaims all warranties implied, including, but not limited to, (a) merchantability, fitness for a particular purpose or non-infringement of third party rights, (b) that there are no viruses or other harmful components, (c) that Après-Ski’s security methods will be sufficient, (d) regarding correctness, accuracy, or reliability, or (e) against interference with enjoyment of Your information or website. All information, services and computer programs provided to you in the course of this agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with You.
Relationships of Parties/Third Party Rights: The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or business partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor.
Force Majeure: Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, 3rd party service failures, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
Severability/Waiver: If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
Assignment and Acknowledgement: Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, Your consent shall not be required for assignment or transfer made by APRÈS-SKI™ (1) due to operation of law, or (2) to an entity that acquires substantially all of Après-Ski’s stock, assets or business, or (3) to a related entity (e.g. parent or subsidiary of parent)
Tax Status and Obligations: APRÈS-SKI™ is not obligated to and shall not provide You with tax and/or legal advice. APRÈS-SKI™ undertakes no duty to investigate or research Your tax status and/or obligations, and such research and investigation is solely Your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and Affiliate is responsible for its own sales tax collection and reporting obligations arising from Your involvement with APRÈS-SKI™.
Entire Agreement, Assignment and Amendment: This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement.

AGE REQUIREMENT

If you are an individual, you represent and warrant that you are at least 21 years of age.

TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES

APRÈS-SKI™, APRÈS-SKI PASS™, National Après-Ski Day™, and National Powder Hounds Day™ are Service Marks of Après-Ski Co. and are protected by applicable federal and state laws and regulations. Other trademarks and service marks used on APRÈS-SKI™ are the property of their respective owners. Unless otherwise expressly provided, all content, site design, information and materials, text, graphics, photographs, video and audio presentations, interfaces, and the selection and arrangement contained on or downloaded from this site (“Content”) are: Copyright © 2020, Après-Ski Co, all rights reserved.

THIRD PARTY WEBSITES AND SOFTWARE

APRÈS-SKI™ contains links to and integrates with websites and software operated by third parties over which we have absolutely no control. We are not responsible or liable for the content, actions, policies or operations of any such third party website or software, including social media websites, hosting companies, technology providers, software developers, advertisers, etc. Links, images, videos or any other content delivered to APRÈS-SKI™ by a third party website or software does not imply or mean that we endorse the content on that third party website or software or the operator or operations of that site or software. You are solely responsible for determining the extent to which you use any content on and interact with any third party websites or software to which you might link from or interact with via APRÈS-SKI™.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time and without notice. Such modifications shall become effective immediately upon the posting thereof. The changes will appear in this Agreement and your use of APRÈS-SKI™ after any such changes have been posted will constitute your agreement to the Agreement as modified. You agree to review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most up to date version of the Terms and Conditions at BreckInsider.com.

INDEMNITY AND LIMITATION OF LIABILITY

APRÈS-SKI™, our affiliates, and our respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site and our services or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

Users shall indemnify, defend and hold APRÈS-SKI™, its principals, employees, affiliates and agents, harmless from and against any and all losses relating directly or indirectly to the use of the Site or the APRÈS-SKI™ program in a manner other than as provided herein, and will pay all expenses, including attorney fees, incurred by APRÈS-SKI™ in the defense of any such claim or action.

To the maximum extent permitted by law, we, our agents and licensors hereby disclaim all representations and warranties, express or implied, with respect to APRÈS-SKI™ and with respect to the content, links, information, services, products and materials provided by or through APRÈS-SKI™, including without limitation warranties as to the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In no event shall we or any of our agents or licensors be liable to you or anyone else for any loss or injury, or for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages of any type or nature, including but not limited to personal injury, property damage and wrongful death, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, tort, strict liability, or any other theory, arising out of or in connection, with the use, inability to use, performance of, reliance on, or any decision made or action taken in reliance on, APRÈS-SKI™, or the information, content, links, services, products and materials available from or provided through APRÈS-SKI™.

Your participation in the APRÈS-SKI™ Program is irrefutable acknowledgement by You that You have read, understood and agreed to each and every term and provision of this Agreement. APRÈS-SKI™ shall have the right to change this Agreement, in whole or in part, and at any time. Your continued participation in the APRÈS-SKI™ Program shall be deemed Your acceptance of the revised Agreement. It is your sole responsibility to read and review this Agreement on a regular basis to ensure compliance. The most recent version of this Agreement, located on this webpage, will always be applicable.

COMMUNICATION AND PRIVACY POLICY

We take your privacy very seriously. Please refer to our Privacy Policy for full details, including information about email communication. Agreeing to these terms also signifies your acknowledgement of our Privacy Policy.

MISCELLANEOUS

We may modify, suspend or discontinue APRÈS-SKI™ and operations at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of APRÈS-SKI™ at any time for any reason, without notice. We may discontinue or restrict your use of APRÈS-SKI™ at any time for any reason, without notice, at our sole discretion. You agree that APRÈS-SKI™ shall not be liable to you or any third party for any modification, suspension or discontinuation of service. No refunds of any kind will be given.

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Colorado, including Colorado rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of Colorado. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Summit, Colorado, USA, in all disputes arising out of or relating to the use of APRÈS-SKI™. Use of APRÈS-SKI™ is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of APRÈS-SKI™. If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved.

This Agreement is the entire and final Agreement regarding APRÈS-SKI™ and its content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Should you object to any term or condition of these Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with APRÈS-SKI™ or www.Apres.Ski in any way, please immediately discontinue the use of APRÈS-SKI™ and our program.

Any service, program, or offering, including our entire Site, can be terminated without notice. No refunds will be given.

Contact Information:
cheers "at" apres "dot" ski
APRÈS-SKI™
400 N. Park Ave #10-B
Breckenridge, CO 80424