By accessing or using this website (hereinafter the “Site”) in any manner, you agree to be bound by the terms, conditions and notices set forth below (hereinafter the “Agreement”). Please read this Agreement carefully. This Agreement contains obligatory and applicable conditions for the use of the Site, including all purchases made through the Site. This Agreement applies to all users of the Site, including but not limited to content contributors. If you do not accept all of these terms and conditions, do not use the Site.
2. We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in Our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by contacting customer service. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, We will not be liable to you or any third party for any termination of your access to the Site.
Website content and ownership
3. Unless otherwise noted, the Site and all materials on the website, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress or other intellectual property in such materials (collectively, the “Bromont, montagne d’expériences Content”) are owned or used under license by Ski Bromont.com, S.E.C.
4. The Site and the Bromont, montagne d’expériences Content are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only. No right, title, or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, copy or create similar trade dress, sell or exploit for commercial use in any way any part of the website or the Ski Bromont Content.
Website content disclaimer
5. The Site and all content, including but not limited to Bromont, montagne d’expériences Content, is made available to you on an “AS IS” basis. Ski Bromont.com, S.E.C. makes no warranties or conditions of any kind, express, statutory or implied as to: (1) the operation and functionality of the Site, (2) the accuracy, integrity, completeness, quality, legality, usefulness, safety and Intellectual Property rights of any of the Site and Ski Bromont Content, and (3) the products and services associated with the Site or Bromont, montagne d’expériences Content, including but not limited to the products and services sold by businesses listed on the website. Ski Bromont.com, S.E.C. 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 Ski Bromont.com, S.E.C. website shall create any warranty, representation, or condition not expressly stated herein.
6. Visitors to the site agree that their use of, and reliance on any advice or information obtained from or through, the Site is at their own sole risk. We do not warrant or make any representations regarding the use or the results of use of the materials available on the Site. You (and not us or any of our affiliates) assume the entire cost of all necessary servicing, repair, or correction.
9. You also agree that We and Our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to Us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
10. We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not share it on the Site. We and Our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
User content liability
Review of submissions
13. We do not control the User Content posted on the Site and, as such, We make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and We have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect Our views or those of Our content providers, advertisers, sponsors, affiliated or related entities, and We do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Our receipt or acceptance of any such materials.
14. You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
Intellectual property rights
15. The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of Canada, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Us or by other parties that have provided rights thereto to Us.
Tird party sites and links
17. You may be able to link to third party sites, services or resources on the Internet from the Site, and third party sites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and Our inclusion of links to the Linked Sites on the Sites does not imply that We endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall We be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
18. Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave this website. Ski Bromont.com, S.E.C. has not reviewed all of these third party websites, does not control and is not responsible for any of these websites or their content. As such, Ski Bromont.com, S.E.C. does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do this entirely at your own risk.
Tird party merchants
19. The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
Advertisements, sponsorships, co-promotions and partnerships
20. We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
21. By using the Site, you agree to defend, indemnify, and hold Us, Our parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Site or any service available on or through the Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of this Agreement or any other policy posted from time to time on the Site applicable to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with Us in asserting any available defenses.
Limitation of liability
22. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. IN NO EVENT WILL SKI BROMONT.COM, S.E.C. 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 (E) LOSS OF INFORMATION OR DATA; OR (F) DIRECT DAMAGES, 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 WEBSITE, RELIANCE UPON THE CONTENT OF THE WEBSITE OR ANY RESERVATIONS OR PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE,
24. HOLD US AND ANY PERSON ACTING ON OUR BEHALF HARMLESS FROM ANY LIABILITY RELATED IN ANY WAY WITH THE USER CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE.
25. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.
Governing law & venue
26. This Agreement shall be construed in accordance with the laws of the Province of Quebec, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the jurisdiction of the courts of Quebec, district of Bedford, Canada. You hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
29. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this website signifies your acceptance of the updated or modified Agreement.
30. This Agreement, together with any other terms and conditions you accept in connection with using the Site, contain the entire agreement between you and Ski Bromont.com, S.E.C. regarding the use of the Site and supersede any prior agreement between you and Ski Bromont.com, S.E.C. on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
31. The failure of Ski Bromont.com, S.E.C. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
32. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement shall otherwise remain in full force and effect and enforceable.
33. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
34. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.