TERMS OF SERVICE
TERMS AND CONDITIONS OF USE
RESTRICTIONS OF USE
This site is owned and operated by Peak Resorts Corporation (hereinafter "Peak Resorts", "we", "us", or "our"). No material from www.peakpass.com or any web site owned, operated, licensed, or controlled by Peak Resorts Corporation may be copied, reproduced, republished, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial use only. By doing so, you agree to keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Peak Resort's intellectual property rights. For purposes of these terms, the use of any such material on any other web site or electronic network medium is prohibited. All trademarks, service marks, and trade names are property of Peak Resorts Corporation.
This site is provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Peak Resorts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no way does Peak Resorts warrant the site or its operation will be error-free or uninterrupted. In no way does Mad River Mountain warrant that defects will be corrected, or that the site is free from viruses and the like. In no way does Peak Resorts warrant use of the site in terms of accuracy, reliability, or otherwise. You assume the entire cost of all necessary repairs. Furthermore, www.peakpass.com expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from www.peakpass.com that are not produced by Peak Resorts. In no way does www.peakresorts.com warrant the security of transmission of information you may be requested to provide such sites, and you hereby irrevocably waive any claim against us with respect to such sites.
LIMITATION OF LIABILITY
Under no circumstances shall Peak Resorts be liable for any special or consequential damages that may occur during the use of, or the inability to use, this site, even if Peak Resorts or an agent of Peak Resorts has been advised of the possibility of such damages. Local jurisdictions may prohibit the limitation of certain types of liability, therefore this section may not apply to you. In any event, Peak Resort's total tort or contract liability to you for all damages, losses, and causes of action will not exceed the amount paid by you for accessing this site.
If any clause or provision of this agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless 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 expressed in writing and signed by the parties to be bound thereby.
The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this agreement. Attorneys' fees. If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
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 Peak Resorts.