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Website Terms of Use

Last updated: October 30, 2026

Introduction

Aspen Skiing Company, LLC and its affiliates and subsidiaries, including Aspen Hospitality, Aspen Collection, and its overarching brand Aspen One (collectively, “Aspen One,” “we,” “us,” or “our”) provides this website to you, subject to the following terms of use (“Terms”), which govern your use of any of our websites and our web-based platforms and applications containing a link to these Terms (collectively, the “Sites”). The Sites may provide information, documents, tools, products, services, accounts, offers, suggestions on the best way to use our products, and/or information on where to purchase our products (collectively, “Services”). Your participation in on-premises activities, including skiing, snowboarding, and other recreational activities, as well as purchases of lift tickets, season passes, or other products, and lodging or hospitality reservations, may be governed by separate terms, conditions, waivers, or agreements presented to you at the time of purchase or participation. In the event of a conflict between any such transaction-specific terms and these Terms, the transaction-specific terms shall control.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITES IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITES IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITES OR WEBPAGES BEYOND THE SITES’ HOMEPAGE, BY CLICKING ON A BOX OR ICON, OR BY DOWNLOADING A MOBILE APPLICATION, YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITES OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITES, ANY SERVICES AVAILABLE THROUGH THIS SITES, OR ANY INFORMATION CONTAINED ON THESE SITES.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Sites or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

1. Privacy

Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information. All personal data provided to us as a result of your use of these Sites will be handled in accordance with our Privacy Policy. In addition to these Terms, your use of certain Services may be governed by additional agreements.

2. Accessing the Sites and Services

We reserve the right to withdraw or amend the Sites, and any Services or Aspen One Content (defined below) we provide on the Sites, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Sites are unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users.

You are responsible for both:

To access the Sites or certain of the resources it offers, 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, and that you have the authority to provide such information to us.

If you choose, or are provided with, a username, 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 username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information or any other means to access the Services, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or 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 username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

3. Aspen One Content

Our Sites contain text, graphics, video, audio, or other content provided by Aspen One or our partners (collectively, “Aspen One Content”) and such content is protected under applicable intellectual property laws. All Aspen One Content and related intellectual property rights are the property of Aspen One or the material is included with the permission of the rights. Aspen One grants you permission and a revocable, limited, personal, non-exclusive, and non-transferable license to lawfully access and use these Sites and to display, print, or download one copy of the Aspen One Content on any single computer for your personal, noncommercial use only, provided that you (a) do not modify Aspen One Content, (b) retain any and all copyright and other proprietary notices contained in the Aspen One Content, and (c) do not copy, post, distribute or transmit the Aspen One Content on any other website, via any network computer or broadcast the Aspen One Content in any media or in any way exploit any of the Sites or Aspen One Content in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Sites’ other user’s intellectual property rights. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Sites or any Aspen One Content. All rights not expressly granted herein are reserved.

You expressly recognize and agree that Aspen One’s trademarks, including our resort and hotel names and logos (the “Aspen One Marks”) are the sole property of Aspen One. You are not authorized to display or use the Aspen One 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 us.

Any applicable software you may download from or access on our Sites, including any files, images, or data accompanying the software (collectively, the “Software”) are licensed to you by Aspen One for the limited use described in the preceding paragraph. Aspen One transfers no right, title, or interest in the Software to you. Aspen One retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Aspen One Content.

4. Content You Submit to the Sites

Some of our Sites may provide you with the ability to add, create, upload, submit, distribute, post, or share on or through the Sites, content, including without limitation information, website links, opinions, photos, profiles, graphics, videos, and audio clips (“User Content”).

By posting any User Content on any Sites, you expressly grant, and represent and warrant that you have the right to grant, to Aspen One a non-exclusive, irrevocable, worldwide, transferable, royalty-free, fully paid-up, freely transferable, freely sublicensable, and perpetual license to publicly display, publicly perform, use, modify, adapt, translate, reproduce, distribute, create derivative works, and sublicense your User Content in any manner or through any media now known or later developed for the purposes of providing the Services and any purpose tangentially related to the Services without any payment to you.

Aspen One may choose, in its sole discretion, to pre-screen, edit, refuse, move, or remove any User Content posted to the Sites. You agree that exercise of that discretion by Aspen One does not convert the User Content into Aspen One Content. Any User Content must comply with the Content Standards set out in these Terms. You represent and warrant that all of your User Content does and will comply with these Terms. Any User Content you post to the Sites will be considered non-confidential and non-proprietary.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites.

5. Permitted Uses and Prohibited Activities

By accessing or using the Sites, you agree to be bound by these Terms. Each time you access the Sites, you confirm your agreement to the Terms as they appear at that time. You must be at least 18 years old to use the Sites and you agree to use it only for its intended Services, in compliance with applicable law, and in good faith. You agree not to use the Sites in any of the following ways:

Automated or Unauthorized Access

Harmful or Disruptive Conduct

Misrepresentation and Reputational Harm

Unsolicited Communications and Privacy Violations

Modification of the Sites

We have no obligation, but maintain the right, to monitor the Sites. This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Sites (or the Aspen One Content) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Sites or to any other user of the Sites and/or Aspen One Content. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Sites, to protect us and/or our Sites’ users, or for any other purpose that the law permits.

6. Interactive Services

Aspen One provides the option for you to share your experiences at our resorts with others through your Aspen Snowmass account and the Aspen Snowmass mobile applications (collectively, “Interactive Services”). If you open an Aspen Snowmass account, you understand that Aspen One will collect and maintain information related to your use of your ski pass at our resorts. Aspen One captures, though may not always display, that information to your Aspen Snowmass account in order to provide the Aspen Snowmass mobile application service to you. If in the future we integrate user generated content applications within our Aspen Snowmass mobile application, we will also collect and publish the User Content, such as your personal photographs, that you submit in connection with your Aspen Snowmass mobile application account.

The Aspen Snowmass mobile application service allows you, or could in the future allow you, to share content through various platforms, websites, and mobile applications, including Facebook and Twitter. You understand that Aspen One does not control what information gets published to those sites or who has access to that information. Those sites are managed by third parties and governed by the term of use and privacy policies published on those sites.

7. Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards

These content standards apply to any and all User Content and use of Interactive Services (“Content Standards”). User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

9. Communications

By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non‑exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section, including all the rights necessary for you to submit the content and communications and grant the license above.

By using the Sites and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Sites and/or Aspen One Content. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

10. Reliance of 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.

The Sites 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 us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. 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.

11. App Stores

You acknowledge and agree that the availability of our mobile application may be dependent on the third party from which you received the application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are between you and us and not with the App Store and that we are responsible for the provision of Services as described in these Terms. However, if you downloaded the mobile application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

12. SMS Messaging

If you opt in to service promotions, specials, and other marketing offers (i.e., cart reminders), you will receive promotional and personalized text messages from and on behalf of us via text messages through your wireless provider to the mobile number you provided. If you opt in to transactional messages, you will receive updates, alerts, and information (e.g., order updates, account alerts, etc.) from us via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other automated technology.

If you provide a wireless number, you represent that you are the subscriber or a regular user of that number with the authority to consent to communications. You also agree to notify us any time the telephone number you provided to us changes. Please be aware that standard text message and data rates may apply as per your individual wireless carrier’s rate plan, and we encourage you to review your carrier’s terms for details. You acknowledge and understand that your decision to opt in to receive promotional messages is completely voluntary and you are not required to provide consent as a condition of purchasing goods or services from Aspen One or creating an account on our Sites.

You can opt out at any time by texting “STOP” in response to any message or by contacting us at contactus@aspensnowmass.com. For help or additional information, you can text “HELP” in response to a message or contact us at contactus@aspensnowmass.com.

Consent to Use Electronic Records and Signature

By agreeing to these Terms, you authorize Aspen One to communicate with you electronically, including sending notices, disclosures, agreements, policies, records, receipts, statements, invoices, and other account-related information. Your electronic signature will be as legally binding as a handwritten one. You can request paper copies of any electronic records by contacting us at contactus@aspensnowmass.com. You may withdraw your consent at any time by contacting us, but this may terminate your access to certain Services. To receive and view electronic records, ensure you have a valid email address, an internet-capable device with an update browser (Microsoft Edge, Google Chrome, Firefox, Safari) and Adobe Reader for PDF files. Notify us promptly of any changes to your email address to ensure delivery of electronic records. For questions or concerns, contact us at webmaster@aspensnowmass.com.

13. Copyright Infringement Complaints

Aspen One respects the intellectual property of others, and we ask our users to do the same. If you believe that content on the Sites infringes your work, or the work of a third party for whom you are authorized to act, please send a notice of the alleged infringement to Aspen One’s Legal team including all of the following information, pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”):

Please send the notice of alleged infringement by any of the following:

Attn: Legal

U.S. Mail: Aspen Skiing Company

PO Box 1248, Aspen Colo. 81612

E-mail: mobileapp@aspensnowmass.com (please include “attn: Copyright Agent” in the subject line)

Aspen One may terminate use of our Sites by repeat infringers in appropriate circumstances pursuant to the DMCA.

14. Links to the Sites

You may link to our homepages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Sites may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us to stop any unauthorized framing or linking immediately. We may disable all or any social media features and any links at any time in our sole discretion and without notice.

15. Feedback

We welcome your comments, feedback, suggestions, and other communications regarding these Sites and the information and services we make available through these Sites (collectively, “Feedback”). The Feedback you provide to us through these Sites will become and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, reproduce, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit.

16. Indemnity

You agree to indemnify, defend, and hold Aspen One, and its affiliates, officers, agents or other partners, and employees, harmless from any claim, liability, loss, expense or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to or transmit through the Sites; your use of the Sites (including any information, materials, products or services available through these Sites); your connection to the Sites; your violation of these Terms; or your violation of any rights of another. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

17. Third-Party Sites

Our Sites may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Third party websites are not bound by these Terms or by Aspen One’s Privacy Policy. You acknowledge and agree that your use of such third-party websites is governed by the respective third-party website’s privacy policy and terms and conditions and/or user guides. We provide links to the third-party websites to you as a convenience, and we do not verify, make any representations or take responsibility for such third-party websites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such third-party websites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Sites to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

18. Disclaimer of Warranties

Your use of the Sites is at your own risk. Aspen One Content has not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Aspen One Content contained on the Sites. We have no liability for any errors or omissions in the Aspen One Content, whether provided by us, our licensors or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITES, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, ASPEN ONE CONTENT, USER CONTENT, OR OTHER POSTED MATERIALS ON THE SITES IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITES, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITES AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

19. Limitation of Liability

WE CANNOT GUARANTEE THE SITES WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITES ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASPEN ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR ANY WEB SITE WITH WHICH THEY ARE LINKED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THESE SITES, OR OTHERWISE RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (e) ANY OTHER MATTER RELATING TO THE SITES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ABOVE SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (1) THE PRICE OF THE PRODUCTS OR SERVICES PURCHASED BY YOU GIVING RISE TO THE CLAIM OR (2) FIFTY DOLLARS ($50). THIS LIMITATION DOES NOT APPLY TO LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

These Terms give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

20. Injunctive Relief

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Colorado. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

21. Mandatory Arbitration and Class Action and Jury Trial Waiver

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the jurisdictional limit of the small claims court in which the Claim is filed, and is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR SERVICES, OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND US, WHETHER SUCH ACTION, PROCEEDING, OR CLAIM IS BROUGHT IN ARBITRATION, COURT, OR ANY OTHER FORUM. THIS JURY TRIAL WAIVER APPLIES INDEPENDENTLY OF, AND IN ADDITION TO, THE ARBITRATION PROVISION ABOVE AND SHALL REMAIN IN EFFECT EVEN IF THE ARBITRATION PROVISION IS FOUND TO BE UNENFORCEABLE OR DOES NOT APPLY TO A PARTICULAR CLAIM OR DISPUTE. YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING YOUR RIGHT TO A JURY TRIAL.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (i) making written demand for arbitration upon the other party; (ii) initiating arbitration against the other party; or (iii) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants’ counsel and Aspen One will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and Aspen One will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants’ counsel and Aspen One will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us. If the jury trial waiver is found to be unenforceable with respect to a particular claim or dispute, then neither you nor we shall be entitled to a jury trial waiver for that claim or dispute, but the arbitration provision and class action waiver shall remain in full force and effect. The arbitration provision, class action waiver, and jury trial waiver will each survive the termination of your use of the Site, the Services, and any other actions with us.

You may reject this arbitration provision, the class action waiver, or the jury trial waiver within thirty (30) days of accepting the Terms by emailing us at contactus@aspensnowmass.com and including in the subject line “Rejection of Arbitration Provision.” Your opt-out notice must include: (1) your full name; (2) your mailing address; (3) your email address associated with your use of the Sites; and (4) a clear statement identifying which provision(s) you are rejecting.

You may reject any one or more of these provisions independently without rejecting the others. If you timely opt out of a provision, that provision will not apply to you, but all other terms of these Terms will continue to apply. Your decision to opt out will have no adverse effect on your relationship with us or your ability to use the Site or Services.

22. Miscellaneous

Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Sites) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Sites and information, software, products and services associated with it.

Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Denver, Colorado, except where the jurisdiction and venue are mandated by applicable assignment.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site as further described in our Privacy Policy.

Modifications. We may update or modify these Terms from time to time. If we make changes, we will post the updated Terms on this page with a new “Last Updated” date. For material changes, we may also notify you by email or by placing a prominent notice on our website. Your continued use of the Sites or Services after the effective date of any updated Terms constitutes your acceptance of the changes.

No Waiver.No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

23. Questions

If you have any questions or comments about these Terms or the Sites, please contact us by email at contactus@aspensnowmass.com. You also may write to us at:

Aspen One
PO Box 1248
Aspen, CO 81612