POWDR CORP. TERMS OF USE LAST MODIFIED 4/26/17 PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing, browsing, and/or using the pages in this website (“Site”), which belongs to a ski resort or adventure company owned by POWDR Corp. (“POWDR”, “we”, or “us”), or by accessing this mobile application (“Application”), you agree to these “Terms of Use” without limitation or qualification. You attest that you are at least eighteen (18) years of age and are located in the United States, and that the laws of the United States govern here. You further warrant that you will not use the Site or Application for any unlawful purpose. Please note: these Terms of Use contain disclaimers and other provisions that limit the liability of POWDR, its subsidiaries, and affiliates, to you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE OR MOBILE APPLICATION. We reserve the right to change these Terms from time to time. The Terms may be updated by posting the new or updated Terms on our Site and Application, and the latest modification date is posted at the top of this document. Your continued use of the Site following the posting of changes to these Terms (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to Your use of the Site after such changes have been posted. RESTRICTIONS ON USE Material from this or any World Wide Web site owned, operated, licensed, or controlled by POWDR Corp. or any of its related, affiliated, or subsidiary companies (together, “POWDR”) may not be copied or distributed, or republished, posted, uploaded, or transmitted in any way, without the prior written consent of POWDR, except that you may download one (1) copy of the material on one computer for your personal, non-commercial home use only. Modification or use of the materials for any other purpose violates the POWDR’s intellectual property rights. The material in this Site and our Application is provided for lawful purposes only. If you do download images or other material from our Site or Application, all files, images, and accompanying data are deemed to be licensed to you by POWDR, which retains full and complete title to such images and material. All of the Material available on POWDR’s Sites or any POWDR Company mobile Application is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit this material in any way. You agree that the unauthorized use of this material could cause irreparable harm to POWDR and that in the event of an unauthorized use, POWDR shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity. MATERIAL YOU ELECT TO PROVIDE TO THIS SITE All remarks, comments, graphics, photos, or other information communicated to a POWDR Company through this site or the application will forever be the property of POWDR. POWDR will not be required to treat your submission as confidential, and will be entitled to use your submission for any commercial or other purposes whatsoever without compensation to you or any other person involved with your submission. Further, POWDR will have exclusive ownership of all present and future existing rights to your submission of every kind and nature everywhere. This means that anything submitted by you to the Site or Application (i.e., photos, videos) may be used by POWDR for any purpose, now or in the future, without any payment to, or further authorization by, you. POWDR also has the right, but not the obligation, to use your name (if you opted to provide that) in connection with the broadcast, print, online or other use or publication of your Submission. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. POWDR will fully cooperate with any law enforcement authorities or court order requesting or directing POWDR to disclose the identity of anyone posting any such information or materials. Although POWDR may from time to time monitor or review postings, transmissions, and the like on this Site or Application, POWDR is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site where you may have posted or transmitted material. You agree that POWDR is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or Application for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By using the Site and Application and transmitting an unsolicited submission to POWDR you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against POWDR relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality. YOUR REGISTRATION AND/OR PASSWORD Some features that may be available on this Site or our Application require registration. By registering at and in consideration of your use of this site and/or application, you agree to provide true, accurate, current and complete information about yourself. Some features require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. POWDR may assume that any communications POWDR receives under your password have been made by you unless POWDR receives notice otherwise. PRIVACY POLICY To find out more about the POWDR’s privacy practices involving your personally identifiable information, please see POWDR’s Privacy Policy. Except where other notices or consents are required by law, by accessing, browsing, and/or using the pages or services posted on this site or the application, you agree to this Privacy Policy. DISCLAIMERS Your use of and browsing in the Site and Application are at your risk. Neither POWDR nor any other party involved in creating, producing, or delivering the Site or Application is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or application. Without limiting the foregoing, EVERYTHING ON THE SITE OR APPLICATION IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. POWDR also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other contaminating or destructive properties that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or mobile application or your downloading of any materials, data, text, images, video, or audio from the site or mobile application. The material in this Site could include technical inaccuracies or typographical errors. POWDR may make changes or improvements at any time. Further, you may link to external websites (i.e., YouTube, Facebook) from this site or the application, and POWDR makes no warranties and assumes no responsibilities as to those websites. Linking to any such external sites from a POWDR site or application is at your own risk. RESTRICTION OF POWDR’S LIABILITY POWDR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE OR THIS MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. POWDR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR APPLICATION, EVEN IF THERE IS NEGLIGENCE OR POWDR OR AN AUTHORIZED POWDR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. The POWDR Companies’ total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence), or otherwise for visiting this site or application will not be greater than the amount you paid to access this site or the application. TRADEMARKS AND COPYRIGHTS You should assume that everything you see or read on the Site or in the Application is copyrighted material unless otherwise noted, and may not be used except as provided in these Terms of Use (or in the text on the Site or Application) without the written permission of POWDR. You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our express written consent. Further, you do not have permission to infringe or otherwise use POWDR’s trademarks. The following trademarks used in the POWDER Sites and mobile Applications are registered and owned by POWDR: POWDR, BOREAL, SODA SPRINGS, COPPER MOUNTAIN, RAISED ON COLORADO, ELDORA MOUNTAIN RESORT, KILLINGTON, THE BEAST, MT. BACHELOR, SUN COUNTRY, WOODWARD, WOODWARD CAMP, WOODWARD TAHOE, WOODWARD TV, WRECKTANGLE, PLAY FOREVER, PARK CITY WOODWARD. COPYRIGHT INFRINGEMENT If you believe that any material contained in POWDR’s Site or Application infringes your copyright, you should notify POWDR of your copyright infringement claim in accordance with the following procedure. POWDR will process notices of alleged infringement which it received and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent, who is: Copyright Counsel POWDR Corp. 1794 Olympic Parkway, Suite 210 Park City, Utah, 84098 Email: legal@powdr.com Facsimile: 435.608.6564 To be effective, the notification must be in writing and contain the following information: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has 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; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. JURISDICTION AND APPLICABLE LAW The laws of the State of Utah govern these Terms of Use and your use of this site and our mobile application, and you irrevocably consent to the jurisdiction of the courts located in Salt Lake City, Utah, for any action arising out of or relating to these Terms of Use. POWDR controls and operates its business from its headquarters in Salt Lake City, Utah, United States of America, and all of its companies are located in the United States; POWDR makes no representation that these materials are appropriate or available for use in other locations. We recognize that it is possible for you to obtain access to our website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material we provide, or your use of this site, is contrary to the laws of the place from which you access the site, then this site is not intended for your use. If you use this site from locations outside of the United States you are responsible for compliance with applicable your local laws. Further, if you use or download materials from our site or application, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use. TERMINATION POWDR or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the POWDR sites and mobile application, and (b) all related documentation and all copies and installations. However, if you visit POWDR Sites or Applications anew, you will be opting to re-enter into this Terms of Use. POWDR may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. INDEMNIFICATION You agree to indemnify, defend and hold harmless POWDR and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Site and/or the Application and any violation of these Terms of Use. If you cause a technical disruption of this Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. MISCELLANEOUS LEGAL If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. CONTACT If you have any questions regarding this Agreement, you may contact us using the information below. Legal Department POWDR Corp. 1794 Olympic Parkway, Suite 210, Park City, Utah, 84098 Email: legal@powdr.com When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request. --------------------------------------- MORE ABOUT US About Us Contact Us Partners Employment Media Room Privacy Policy Terms of Use Accessibility POWDR'S ADVENTURE LIFESTYLE BRANDS CONNECT WITH US POWDR® © Powdr - Fueling a balanced life full of adventure 2021