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Terms and Conditions

The following Terms of Use (“Terms”) constitute an agreement between you and GoSnow, Inc. (“we”, “us”) and govern your access to and use of any GoSnow website, mobile application, content, or services made available through GoSnow (“Services”). These Terms of Use and our Privacy Policy govern your use of GoSnow as a registered or non-registered user.

 

GoSnow provides an online platform that connects users with other users who are seeking to meet up to engage in snowsports or similar activities, and connects users (“Students”) who wish to book snowsports lessons or related activities (“Activities”) with snowsports instructors or activity providers (“Providers”).  As a user of the Services (including a Student or a Provider), you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete. You understand that any personal information you provide will be treated in accordance with our Privacy Policy available at http://www.gosnow.in/privacy-policy. YOU UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THE CONDUCT OF OTHER USERS, STUDENTS, OR PROVIDERS.  GOSNOW DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IF YOU CHOOSE TO OFFER ACTIVITIES ON GOSNOW, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH GOSNOW IS LIMITED TO BEING AN USER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF GOSNOW FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF GOSNOW. GOSNOW DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR OFFER OF INSTRUCTION OR ACTIVITY, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR OFFER, OR ANY OTHER MATTERS RELATED TO ANY OFFER THAT YOU PROVIDE. AS AN USER, YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF GOSNOW, INCLUDING BY INAPPROPRIATELY USING ANY GOSNOW INTELLECTUAL PROPERTY.

 

Terms of Use

 

Acceptance of Terms – We request that you read the terms and conditions carefully as your use of the platform and services is an explicit acceptance and binding contract between us. If you do not agree to the Terms, do not access or use the platform or services. All terms found in this agreement are non-negotiable. If there are any conflicts with the terms presented in this agreement and those found elsewhere in the platform, GoSnow reserves the right to determine the terms that will control.

 

Additional Terms – In addition to these Terms, when using particular offers, services, or features, you may also be subject to additional posted guidelines or rules, which may be posted and modified at our discretion. All additional terms are incorporated by reference into the Terms presented here. In the event of any conflict between any additional terms and the Terms, the Terms shall control.

 

Changes to Services – GoSnow reserves the right to add, remove, or modify services at any time. Any changes in services are governed by this agreement. You agree that GoSnow will not be liable to you or any third party as a result of changes in services.

 

Eligibility and Registration Information and Password

 

Eligibility Criteria – The availability of all or part of our platform may be limited based on geography, age, or other criteria that we have established. You understand and agree that we may disallow your use of the platform based on these criteria. To use our Services, you must be at least 13, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.

 

Account Information – To actively participate and store your information, you must register. You agree the information you provide to GoSnow at registration and at all times will be true, accurate, current, and complete. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), as described below. As part of the functionality of the Services, you may link your GoSnow Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to GoSnow through the Services; or (ii) allowing GoSnow to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to GoSnow and/or grant GoSnow access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GoSnow to pay any fees or making GoSnow subject to any usage limitations imposed by such third-party service providers. By granting GoSnow access to any Third-Party Accounts, you understand that GoSnow will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your GoSnow account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your GoSnow account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or GoSnow’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your GoSnow account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. GoSnow makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and GoSnow is not responsible for any SNS Content.

 

Your GoSnow account will be created for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active GoSnow account. GoSnow reserves the right to suspend or terminate your GoSnow account and your access to the Services if you create more than one (1) GoSnow account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

 

When you register, you will be asked to create a password. You are solely responsible for maintaining confidentiality of your account and password. You accept responsibility for all activities that occur under your account. You must notify us immediately if your password has been stolen or compromised at info@gosnowpass.com

 

Your Interactions with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT GOSNOW DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. GOSNOW ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. GOSNOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. GOSNOW RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

GoSnow is not responsible for the conduct of any user. In no event shall GoSnow, its officers, directors, shareholders, employees, consultants, contract employees, representatives or agents, and each of their respective successors and assigns be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other users. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users, except through the payments services provided by GoSnow for specific instruction and other activities.

 

No Endorsement

GOSNOW DOES NOT MAKE ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR OTHER INFORMATION RELATING TO ANY USER MENTIONED ON THE SERVICES, INCLUDING WITHOUT LIMITATION PROVIDERS. GOSNOW DOES NOT RECOMMEND OR ENDORSE ANY THIRD-PARTY PRODUCT, SERVICE, INFORMATION, OR MATERIAL MENTIONED ON THE SERVICES OR OFFERED THROUGH THE SERVICES, AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR DECISION TO USE OR RELY ON ANY SUCH THIRD-PARTY PRODUCT, SERVICE, INFORMATION, OR MATERIAL.  By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from GoSnow with respect to such actions or omissions. This limitation shall not apply to any claim by a Provider against GoSnow regarding the remittance of payments received from a Student by GoSnow on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability and Damages.”

 

Privacy

GoSnow is committed to respecting and protecting your privacy. The GoSnow Privacy Policy is hereby incorporated into these Terms by reference. Please carefully read the Privacy Policy for detailed information on GoSnow’s information gathering, distribution, and protection practices.

 

Prohibited Conduct

As a user of the platform you agree not to:

 

  • impersonate any person or entity.
  • solicit money from any users (except as between a Provider and a Student for Activities).
  • “stalk” or otherwise harass any person.
  • express or imply that any statements you make are endorsed by GoSnow without our specific prior written consent.
  • use the Services in an illegal manner or to commit an illegal act.
  • access the Services in a jurisdiction in which it is illegal or unauthorized.
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services.
  • interfere with or disrupt the Services or the servers or networks connected to the Services.
  • transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software).
  • “frame” or “mirror” any part of the Services, without GoSnow’s prior written authorization.
  • use meta tags or code or other devices containing any reference to GoSnow or the Services (or any trademark, trade name, service mark, logo or slogan of GoSnow) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services any software used on or for the Services, or cause others to do so.
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Services other than solely in connection with your use of the Services in accordance with this Agreement.
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court.
  • use the Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies GoSnow endorsement, partnership or otherwise misleads others as to your affiliation with GoSnow.
  • dilute, tarnish or otherwise harm the GoSnow brand in any way, including through registering and/or using GoSnow or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to GoSnow domains, trademarks, taglines, or promotional campaigns.
  • copy, store or otherwise access or use any information contained on the Services for purposes not expressly permitted by these Terms;
  • infringe the rights of GoSnow or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
  • recruit or otherwise solicit any other user to join third-party services or websites that are competitive to GoSnow, without GoSnow’s prior written approval;
  • recruit or otherwise solicit any other user to join third-party services, applications or websites, without our prior written approval;
  • use the Services to find a Provider and then complete a booking of an Activity independent of the Services, in order to circumvent the obligation to pay any service fees related to GoSnow’s provision of the Services or for any other reasons;
  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Services;
  • post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

 

Ownership of Intellectual Property

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Services are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by GoSnow. Our mobile application and website as a whole are protected by copyright and trade dress. Nothing on our mobile application or website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used thereon, without the prior written permission of the Intellectual Property owner. GoSnow aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of GoSnow may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Services, without prior, written permission from GoSnow. GoSnow prohibits use of any logo of GoSnow or any of its affiliates as part of a link to or from any website unless GoSnow approves such link in advance and in writing. Fair use of GoSnow’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Services may be the Intellectual Property of their respective owners.

 

Content You Submit to the Sites

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

 

By posting any User Content on or through the Services, you expressly grant, and represent and warrant that you have the right to grant, to GoSnow a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works, and sublicense your User Content in any manner or through any media now known or later developed without any payment to you.

 

GoSnow may choose, in its sole discretion, to pre-screen, edit, refuse, move or remove any User Content posted on or through the Services. You agree that exercise of that discretion by GoSnow does not convert the User Content into GoSnow Intellectual Property.

 

Third-Party Links and Services

The platform may include links or access to other websites or services solely as a convenience to users. GoSnow does not endorse these linked sites or the information, products, or services contained on other linked sites or accessible through other linked sites. GoSnow makes no express or implied warranties with regard to the information, products, or services that are contained or accessible through the linked sites. Any access or use of linked sites is the sole risk of the user.

 

Mobile Application License

Subject to your compliance with these Terms, GoSnow grants you a limited non-exclusive, non-transferable license to download and install a copy of its mobile application on each mobile device or computer that you own or control and run such copy of the mobile application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. GoSnow reserves all rights in the Application not expressly granted to you by these Terms.

 

Accessing and Downloading the Application from iTunes

The following applies to any GoSnow mobile application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

 

  • You acknowledge and agree that (i) these Terms are concluded between you and GoSnow only, and not Apple, and (ii) GoSnow, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between GoSnow and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GoSnow.
  • You and GoSnow acknowledge that, as between GoSnow and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and GoSnow acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between GoSnow and Apple, GoSnow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and GoSnow acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

Payments, Cancellation and Rescheduling

  • We may charge fees in connection with your use of the Services. The price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price advised to you is correct.
  • It is always possible that, despite our best efforts, some of the Services may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
  • You agree to pay all charges incurred by you or any users of your account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Students must provide GoSnow with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) through PayPal or Braintree or any other payment or financial mechanism specified by GoSnow (“Payment Provider”) as a condition to making any payments. Providers must support the use of the Payment Providers. The Student’s Payment Provider agreement governs its use of the designated credit or debit card or other mechanism, and the Student should refer to that agreement and not this Agreement to determine the Student’s rights and liabilities. By providing GoSnow or its Payment Provider with your payment and/or financial information, you agree that GoSnow or its Payment Provider are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify GoSnow of any change in your payment and financial information. GoSnow reserves the right at any time to change its prices and billing methods. All information that you provide to us or our Payment Providers must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive.
  • Each Provider hereby appoints GoSnow as the Provider’s limited payment collection agent solely for the purpose of accepting applicable payment from Students. Each Provider agrees that payment made by a Student through GoSnow shall be considered the same as a payment made directly to the Provider, and the Provider will provide its services to the Student in the agreed-upon manner as if the Provider has received the payment. Each Provider understands that GoSnow accepts payments from Students as the Provider’s limited payment collection agent and that GoSnow’s obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from Students. GoSnow does not guarantee payments to Providers for amounts that have not been successfully received by GoSnow from Students. In accepting appointment as the limited payment collection agent of the Provider, GoSnow assumes no liability for any acts or omissions of the Students. Each Student acknowledges and agrees that GoSnow reserves the right, in its sole discretion, to charge Student for and collect fees from the Student. GoSnow reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by GoSnow, as a result of any mistake or error, including any mistaken pricing or service description or other error.
  • Cancellations and Rescheduling. If you are a Student and you wish to cancel the booking of an Activity, the cancellation policy applicable to such Activity will apply.   The applicable cancellation policy will be made available to you prior to the booking of any Activity and is determined by the policies of the applicable Provider. Any refunds that may apply to a cancelled booking will be made directly by the Provider to the Student.   If a Provider cancels a confirmed booking for an Activity made through the Services, such Provider will either refund all applicable charges and fees for such Activity directly to the Student or will provide the Student with the opportunity to book such Activity with an alternative Provider, which the Student may or may not accept in his or her sole discretion.  In certain circumstances, GoSnow may determine in its sole discretion and for any reason that it is necessary or desirable to cancel a confirmed booking of an Activity. In such circumstances, GoSnow will arrange to have the applicable charges and fees for such Activity refund to the Student and will not have any other liability to the Student or Provider in such circumstances.

 

Termination

  • We may, subject to applicable law, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms and/or your access to the Services, and (b) deactivate or cancel your account.
  • Upon termination we will promptly pay you any amounts that we reasonably determine we owe you (if any) in our discretion. In the event GoSnow terminates these Terms or your access to the Services or deactivates or cancels your account, you will remain liable for all amounts due hereunder.
  • You may cancel your account at any time by contacting us at the contact information below. Please note that if your account is cancelled, we do not have any obligation to delete or return to you any of your materials that you have posted to the Services, including, but not limited to, any reviews or feedback.
  • If we terminate these Terms and/or your access to the Services as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.

 

Liability Disclaimer

Appointments and services offered via the platform are offered and provided by third parties, not GoSnow. GoSnow makes no representation about the suitability, reliability, availability, timeliness, and accuracy of the information and services on its platform. To the fullest extent permissible pursuant to applicable law, your presence at any appointment is solely at your own risk. GoSnow shall not be liable for any act, error, or omission by any third party.  You may be required to review and agree to liability waivers and disclaimers provided by certain third parties relating to the booking of any Activity.  These third party liability waivers and disclaimers govern the relationship between you and such third party (including without limitation Providers) and are separate from the liability waivers and disclaimers contained in these Terms.

 

IF YOU CHOOSE TO USE THE SERVICES OR PARTICIPATE IN AN ACTIVITY, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GOSNOW DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, STUDENTS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOSNOW EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GOSNOW MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ACTIVITIES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GOSNOW MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACTIVITIES, PROVIDERS, STUDENTS, THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOSNOW OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR STUDENTS. YOU UNDERSTAND THAT GOSNOW DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY ACTIVITIES. GOSNOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PROVIDERS OR STUDENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GOSNOW. GOSNOW EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY STUDENT OR PROVIDER OR OTHER THIRD PARTY.

 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in these Terms may not be applicable to you and you may have additional rights.

 

Waiver and Release

You understand that GoSnow is not a provider of Activities and that the Activities are delivered by a Provider and not GoSnow. To the fullest extent permitted by law, you release, indemnify, and hold harmless GoSnow and each of its officers, directors, shareholders, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation or use of GoSnow, including with respect to bodily injury, physical harm, illness, death or property damage.

 

Indemnification

You agree to release, defend, indemnify, and hold GoSnow and its affiliates and subsidiaries, and their officers, directors, shareholders, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or your violation of these Terms; (b) your (i) interaction with any user or (ii) booking of an Activity, and (c) the participation in any Activity by you or any person on whose behalf a booking of an Activity was made , including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participation in an Activity.

 

Limitation of Liability and Damages

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR PARTICIPATION IN OR BOOKING OF ANY ACTIVITY VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GOSNOW WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GOSNOW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR YOUR PARTICIPATION IN OR BOOKING OF ANY ACTIVITY VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOSNOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROVIDERS PURSUANT TO THESE TERMS, IN NO EVENT WILL GOSNOW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR PARTICIPATION IN OR BOOKING OF ANY ACTIVITY VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR IN CONNECTION WITH ANY ACTIVITY OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A STUDENT IN THE THRE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY GOSNOW TO YOU IN THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOSNOW AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Miscellaneous

 

Headings  The section headings are for reference and convenience purposes only. They do not constitutes a part of these Terms and will not be considered in the interpretation of the Terms.

 

Assignment – We may assign our rights and obligations under these Terms to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign these Terms to anyone else.

 

Severability – If any provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining Terms.

 

Choice of Law, Jurisdiction & Venue – These Terms shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of law provisions. All disputes shall be in a venue in Denver, Colorado.

 

Dispute Resolution

  • You and GoSnow agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and GoSnow are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and GoSnow otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
  • Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
  • Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
  • Arbitration Location and Procedure. Unless you and GoSnow otherwise agree, the arbitration will be conducted in Denver, Colorado. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GoSnow submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
  • Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

 

Statute of Limitations – You and GoSnow agree that any cause of action arising out of these Terms or platform must commence within one year after the cause of action accrues, otherwise, such cause of action is permanently barred.

 

Waiver – No waiver of any of these Terms by GoSnow is binding unless authorized in writing by an executive officer of GoSnow.

 

Entire Agreement – These Terms and any supplement terms, policies, rules, and guidelines including the Privacy Policy constitute the entire agreement between you and us. If any part of these Terms is determined to be invalid or unenforceable, those portions should be interpreted in a manner consistent with applicable law that reflects as closely as possible the original intentions of the agreement and any remaining portions of the Terms should remain in full force and effect.

 

Modifications – GoSnow reserves the right, at its sole discretion, to modify the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on its website and via its mobile application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the bottom of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. If you do not close your GoSnow account you will be deemed to have accepted the changes.

If you have any questions regarding the Terms, please contact us at info@gosnowpass.com

 

GoSnow, Inc,.

c/o Harvard Business Services, Inc.,

16192 Coastal Hwy,

Lewes, DE 19958

 

Effective Date:  July 3, 2018

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