Website Terms of Use
ATTENTION!—CLASS ACTION WAIVER AND ARBITRATION AGREEMENT:
These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the “Arbitration Agreement and Class Action Waiver” below. CAREFULLY REVIEW THE SECTION BELOW ENTITLED “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BEFORE YOU AGREE TO THESE TERMS OF USE OR USE OUR SITES.
Acceptance of the Terms of Use
Welcome to the websites of Mountain Capital Partners and its affiliates (“MCP”, “we”, “us”, or “our”). MCP manages a collection of ski resorts, mountain bike parks, and resorts in Arizona, Colorado, Nevada, New Mexico, Oregon, Texas and Utah and in Chile (individually, a “MCP Resort” and, collectively, the “MCP Resorts”). MCP provides this website located at https://www.mcp.ski/, each of our MCP Resort websites, and any of our website containing a link to these Terms (collectively, the “Sites”) to you subject to the terms and conditions set forth in these Terms of Use (the “Terms of Use”) which govern your use of the Sites, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, each of which are incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy, or the other policies incorporated by reference above, you must not access or use the Sites. All Personal Information (as defined in the Privacy Policy) provided to us as a result of your use of these Sites will be handled in accordance with our Privacy Policy.
The Sites are offered and available to users who are 13 years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with MCP and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
Additional Terms and Agreements
We may also require you to follow additional rules or guidelines in order to sign up to use various special features or password-protected areas of our Sites, to make purchases or reservations on our Sites, to participate in certain promotions available through our Sites, or for other reasons. In such cases, you may be asked to expressly consent to additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. In addition, certain policies or terms of sale may apply to online purchases or reservations made on our Sites, which may be deemed accepted when you complete or confirm your purchase or reservation. All additional terms and click-through agreements as described in this paragraph are referred to as “Additional Terms”.
Additional Terms that may be applicable to you include the following:
- Daily Lift Ticket Purchase Terms and Conditions
- Winter Pass Release of Liability
- Non-Winter Activities Waiver
- Passholder Rules
- Season Pass Refund Policy
- Resort Policies
MCP Content
Our Sites contain text, graphics, video, audio, or other content provided by MCP (collectively, “MCP Content”) and such content is protected under applicable intellectual property laws. All MCP Content and related intellectual property rights are the property of MCP or the material is included with the permission of the rights. MCP grants you permission and license to lawfully access and use these Sites and to display, print, or download one copy of the MCP Content on any single computer for your personal, noncommercial use only, provided that you (a) do not modify the MCP Content; (b) you retain any and all copyright and other proprietary notices contained in the MCP Content; and (c) you do not copy, post, distribute or transmit the MCP Content on any other website, via any network computer or broadcast the MCP Content in any media.
You expressly recognize and agree that MCP’s trademarks, including the MCP Resorts names and logos (collectively, the “MCP Marks”) are the sole property of MCP. You are not authorized to display or use the MCP Marks or the trademarks, product names, company names, logos, service marks and/or trade dress of any other owners featured on our Sites without the prior written permission of MCP.
Prohibited Uses
You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate MCP, a MCP employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm MCP or users of the Sites, or expose them to liability.
Additionally, you agree not to:
- Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
- Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
- Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Sites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.
- Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Sites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. The “Last Updated” date below reflects the last date on which these Terms of Use were updated.
Changes to the Sites
We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Sites and Account Security
We reserve the right to withdraw or amend any of the Sites or material we provided thereon in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or all of the Sites. You are responsible for both: making all arrangements necessary for you to have access to the Sites and ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.
To access certain features of the Sites, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide to register with our Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your password or other security information. You agree to notify us immediately of any unauthorized access to or use of your password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
These Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MCP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MCP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Sites
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Sites is based in the State of Colorado in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
THE SITES AND ALL CONTENT, INCLUDING MCP CONTENT, IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. MCP MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE CONTENT AVAILABLE ON THE SITES, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITES OR CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITES. MCP FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MCP OR THE SITES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
IN NO EVENT WILL MCP BE LIABLE FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF PROFITS; (C) BUSINESS INTERRUPTION; (D) LOSS OF OR DAMAGE TO REPUTATION OF ANY PERSON OR ENTITY THAT MAY ARISE FROM, RELATE TO, OR OCCUR AS A RESULT OF THEIR USE OF THE SITES; (E) LOSS OF INFORMATION OR DATA; OR (F) DIRECT DAMAGES IN EXCESS OF $500, REGARDLESS OF THE FORM OF ACTION; (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR ANY OTHER REASON) WITH RESPECT TO OR ARISING FROM YOUR USE OF THE SITES, RELIANCE UPON THE CONTENT OF THE SITES OR ANY RESERVATIONS OR PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES.
Indemnification
You agree to defend, indemnify and hold harmless MCP, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, any use of the Site’s content, the MCP Content, any product or service offered through the Sites, or your use of any information obtained from the Sites.
Governing Law and Jurisdiction
Except as otherwise provided in the section below entitled “Arbitration Agreement and Class Action Waiver,” all matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
Arbitration Agreement and Class Action Waiver
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE SITES, OR BY OTHERWISE AGREEING TO THESE TERMS OF USE, YOU AND MCP ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND MCP AGREE THAT YOU MAY BRING CLAIMS AGAINST MCP ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND MCP AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.
You and MCP agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use, your use of the Sites, or your and MCP’s dealings with one another (including, but not limited to, your receipt of marketing telephone calls, text messages, emails, or other communications from or on behalf of MCP) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. You and MCP also agree that the arbitration provision and class action waiver apply to claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims.
This agreement to arbitrate is intended to be interpreted broadly. YOU AND MCP AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE RELIEF.
There is no judge or jury in arbitration. Generally, arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor MCP will be able to have a court or jury trial or participate in a class action or class arbitration. You and MCP each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND MCP ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.
In the event of a dispute, and before initiating an arbitration proceeding under this section, you and MCP agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, a brief summary the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to [email protected] and/or via mail to Mountain Capital Partners, LLC, Attn: Legal, 2615 Main Avenue, Suite B, Durango, Colorado 81301. We will send any notice of dispute to you at the contact information we have for you. You and MCP agree to attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding in accordance with this section.
If you and MCP do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving consumer contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and MCP both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.
For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and MCP must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually-agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical places, or in a combined form. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER APPLICABLE SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY, AND PUNITIVE DAMAGES, AS WELL AS, DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF—INCLUDING PUBLIC INJUNCTIVE RELIEF AND ATTORNEYS’ FEES AND COSTS.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or MCP) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred. Further, if you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive for you, MCP shall pay those costs and fees regardless of whether you prevail in the arbitration—unless the arbitrator determines that your claim was frivolous.
You and MCP empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms of Use or the arbitration provision—including the formation of the agreement, the arbitrability of any dispute, and any claim that all or any part of these Terms of Use are void or voidable (such as, but not limited to, whether the arbitration provision is unconscionable).
Notwithstanding any provision in these terms to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the state courts of competent jurisdiction located in Denver, Colorado, or the United States District Court for the District of Colorado.
If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Denver, Colorado, or the United States District Court for the District of Colorado, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial and waive any right to initiate or proceed in a class or collective action. You also remain bound by any and all limitations on liability and damages included in these Terms of Use. This arbitration agreement and class action waiver shall survive termination of your use of the Sites or termination of our dealings.
AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION MAY ENFORCE IT IN FULL WITH RESPECT TO ANY CLAIMS BETWEEN THEM ON THE ONE HAND AND YOU ON THE OTHER ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS OF USE, OUR DEALINGS WITH YOU, OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES ARE OUR AGENTS, PRINCIPALS, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, AND MEMBERS. INTENDED BENEFICIARIES ALSO ARE OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, JOINT VENTURERS, CONTRACTORS, ASSIGNS, DESIGNEES, SERVICERS, AND SERVICE PROVIDERS. A SERVICE PROVIDER IS ANY THIRD-PARTY PROVIDING US OR ANY INTENDED BENEFICIARY ANY GOODS OR SERVICES ARISING OUT OF OR IN ANY WAY RELATING TO OUR DEALINGS WITH YOU OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES INCLUDE PAST, PRESENT, AND FUTURE PERSONS LISTED IN THIS PARAGRAPH. THIS ARBITRATION PROVISION MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION. YOU ALSO ACKNOWLEDGE THAT YOU SHALL BE ESTOPPED FROM DENYING AN OBLIGATION TO ARBITRATE COVERED DISPUTES WITH AN INTENDED BENEFICIARY.
If you wish to opt-out of this agreement to arbitrate, within 45 days of when you first use any of the Sites or submit through any of the Sites a request for information, you must send MCP an email or letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following email address or mailing address AND MUST INCLUDE YOUR FULL NAME, MAILING ADDRESS, AND TELEPHONE NUMBER:
Email Address: [email protected]
Mailing Address: Mountain Capital Partners, LLC, Attention: Legal, 2615 Main Avenue, Suite B, Durango, Colorado 8130.
If you do not opt-out within 45 days of when you first use any of the Sites or submit through the Sites a request for information, then you are not eligible to opt-out of this arbitration agreement. In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in Denver, Colorado, or the United States District Court for the District of Colorado, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms of Use.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Text Message Services
If you opt in to the MCP SMS service by providing MCP or any MCP Resort your mobile number, MCP will use that number to send you text messages. Our SMS service provides updates, alerts, and information, promotions, specials, and other marketing offers from the MCP Resorts via text messages through your wireless provider to the mobile number you provided.
By providing your phone number and expressly agreeing to such text message communications from us, you provided your express written consent to receive such text messages from or on behalf of us to the phone number you provided even if your number is registered on the national or a state do not call registry. This includes marketing texts made using an autodialer or an automated system for the selection and/or dialing of telephone numbers. You also warrant and represent that you are either the account holder/subscriber of any mobile phone numbers you provide to us, or you have the express permission of the account holder/subscriber to provide such phone numbers to us for such texts from or on behalf of us to the numbers.
You understand and acknowledge that your consent to marketing texts is not required to use our Sites or services or to do business with us. You may revoke your consent to marketing texts at any time. Reply “STOP” to any text message from us to unsubscribe from future marketing texts. You agree to and may then receive a single final text message confirming your opt-out from future marketing texts. You agree that if and before you disconnect or transfer your mobile number, you will text “STOP” to us in order to stop future messages from being sent to that number.
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech. You acknowledge that we may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in our sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Terms of Use.
Standard texting rates will apply to our phone communications with you. By providing your phone number to us and agreeing to texts, you acknowledge and agree that the receipt of such communications may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your receipt of these communications.
We reserve the right, at any time and without notice, to modify, suspend, restrict, or terminate our text messaging communications. We shall not be liable to any party for such modification, suspension, restriction, or termination. We are not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of each mobile message sent.
Waiver and Severability
No waiver of by MCP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MCP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.
Your Comments and Concerns
The Sites are operated by Mountain Capital Partners, LLC, 2615 Main Avenue, Suite B, Durango, Colorado 81301 USA. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: [email protected].
