Terms | Zion Mountain Ranch

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES (AS DEFINED BELOW) OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

These Powdr Corp. Terms of Use (the “Terms of Use”, the “Terms” or “Agreement”) apply to your use of each website (“Site”) or mobile application (“Application”, and collectively, with the Site, the “Services”) belonging to a ski resort or adventure company owned by POWDR Corp. or its affiliates (“POWDR”, “we”, or “us”) which links to these Terms.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESSOR USE THE SERVICES.

We reserve the right to change these Terms from time to time. CONTINUED ACCESS AND USE OF ANY SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

We are committed to making the Services accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of a Site, please contact us.

What’s Contained in This Agreement
Click on the links below to jump to that section of the Agreement.

1. Eligibility to Use the Services

These Terms form a legal and binding agreement between you and POWDR. By continuing to use the Services, you agree that your use of the Services is legally sufficient consideration under these Terms.

By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by accessing or using the Services, you attest that you are at least eighteen (18) years of age or the age of majority in the jurisdiction or country in which you are located. You acknowledge that the Services are not intended to appeal to minors, and that we do not knowingly market to or solicit information from individuals under the age of majority. If you are not old enough to access the Services or any features of the services that are explicitly limited to individuals of a certain age, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering site) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or platforms listed at such .site .

2. Accounts; Registration & Password

Some features that may be available on the Services require registration. By registering at and in consideration of your use of the Services and/or application, you agree to provide true, accurate, current and complete information about yourself. Some features require use of a password to create an account (“Account”). You may only have one registered Account on each Site or Application at any given time. You are responsible for protecting your Account password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. POWDR may assume that any communications POWDR receives under your password have been made by you unless POWDR receives notice otherwise.

You agree to notify POWDR of any unauthorized use of your registration or Account or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services, including without limitation, terminating your Account or your access to the Services or changing your password. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

3. Transactions on the Services

Certain portions of the Services may permit you to purchase services from POWDR. We reserve the right to revoke any offer or to refuse any order that you place with POWDR through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. This Agreement is subject to any terms and conditions that you accept in connection with completion of a transaction on the Services and in the event of a conflict between this Agreement and any such terms and conditions, the terms and conditions will govern for purposes of that transaction.

We may use third-party payment processors to facilitate purchases and transactions through the Services, in which case, you may be subject to the Terms and Conditions published by the third-party payment processor.

4. Mobile Applications

In addition to the other terms contained in this Agreement, the following terms apply specifically to features that may be made available through the Applications we offer.

General Safety: DO NOT INTERACT WITH THE APPLICATIONS WHILE SKIING, SNOWBOARDING OR PARTICIPATING IN OTHER SNOW SPORTS AND RECREATIONAL ACTIVITIES; WHILE OPERATING A MOTOR VEHICLE; OR WHILE INVOLVED IN ANY OTHER ACTIVITY TO WHICH CLOSE ATTENTION SHOULD REASONABLY BE PAID IN ORDER TO MITIGATE SAFETY RISKS.

Geolocation Features: Some features of the Application(s) and Services make use of detailed location and navigation information, for example in the form of GPS signals and other data sent by your mobile device on which you have installed and activated the Application. These features cannot be provided without using this standard technology. The geolocation features of the Applications provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. Nonetheless, use of the Services may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You acknowledge that you are agreeing to give the Services and POWDR your location data and that every person who you interact with within the Services, such as, but not limited to, another user that you invite to join your session via the Application, is also accessing your location data as you are accessing theirs. You understand that the nature of location-based services is such that this information is available to you and other users and that POWDR cannot control what you or other users who receive this information when using the Application or the Services will do with it. Among the various features of the Applications, the Application will use your location and route information to create a detailed location history of all of your journeys made when using the Application and Services. For more information about how this information is used and shared by POWDR, please review the Privacy Policy.

POWDR SHALL NOT BE LIABLE FOR ANY FAILURE OR INACCURACY WITH RESPECT TO THE GEOLOCATION FEATURES OF THE APPLICATIONS.

Geographic Restrictions: The Services are based in the United States and the Application is intended for access and use by persons located in the United States, as applicable based on the Application you are using. You might not be able to access all or some of the content or Services outside of the United States and international as well as foreign (non-U.S.) laws and regulations may apply to your use of the Application. For more information, please see the section below describing information for users in certain geographic locations. The content available through the Applications may vary based on your location (e.g., the resort you are visiting).

Integrated Third Party Services: Some of our Applications may give you the option to link, connect or share data in your Account to third-party apps or services (collectively, “Third Party Services”). For example, you may be able to connect your Account on an Application we provide to share your runs with the Apple Health® app. We only connect your account to Third Party Services if you choose to configure the settings of the Application to do so. Please note that if you do elect to connect an Application or Account to Third Party Services, you may be subject to a separate agreement with a third party.

App Store Terms: The Applications are available to download to your phone, tablet, or other device via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.
You acknowledge that this Agreement and your use of an Application is between you and POWDR only, and not with any App Store Provider or its affiliates or subsidiaries. As between POWDR and an App Store Provider, we are solely responsible for the Application and its Content. If anything in this Agreement conflicts with any usage rules for the Application from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Application). All rights you have to use the Application are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Application may be accessed and used by other accounts associated with the you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Application, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Application, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY APPLICATION. However, in the event that the Application fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the Application infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Application, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

5. Scope & Restrictions on Use

Subject to these Terms of Use, Powdr grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) download one (1) copy of the Content and Services on one computer and one mobile device for your personal, non-commercial home use only. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Powdr. You agree not to:

collect information from the Services using an automated software tool or manually on a mass basis;
use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
obtain, or attempt to obtain, access to areas of the Application or our systems that are not intended for access by you;
“flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
restrict or inhibit other users from accessing or using the Services;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Services or in the Content;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any features or functionality of the Services to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.
access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

Modification or use of the Content for any other purpose violates the POWDR’s intellectual property rights. The Content in the Services is provided for lawful purposes only.

6. Our Trademarks & Copyrights

All of the Content available on our Services is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Content may not be used except as provided in these Terms of Use (or in the text on the Services) without the written permission of POWDR. You or third parties acting on your behalf are not allowed to frame the Services or use our proprietary marks as meta tags, without our express written consent. If you do download images or other material from our Services, all files, images, and accompanying data are deemed to be licensed to you by POWDR, which retains full and complete title to such images and material.

Further, you do not have permission to infringe or otherwise use POWDR’s trademarks. The following trademarks used in the POWDER Services and mobile Applications are registered and owned by POWDR: POWDR, BOREAL, SODA SPRINGS, COPPER MOUNTAIN, RAISED ON COLORADO, ELDORA MOUNTAIN RESORT, KILLINGTON, THE BEAST, MT. BACHELOR, SUN COUNTRY, WOODWARD, WOODWARD CAMP, WOODWARD TAHOE, WOODWARD TV, WRECKTANGLE, PLAY FOREVER, PROTECT YOUR PLAYGROUND, WOODWARD PARK CITY, ADVENTURE LIFESTYLE.

You agree that the unauthorized use of this material could cause irreparable harm to POWDR and that in the event of an unauthorized use, POWDR shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

7. Content You Provide

The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (collectively, “User Content”) and interact with others through user comment areas, and similar user-to-user areas. You may not post any User Content that:

is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
encourages criminal conduct;
contains false, misleading, fraudulent, or deceptive claims or content;
gives the impression that it emanates from or is endorsed by Powdr or any other person or entity, if this is not the case; or contains any virus, malware, spyware, or other harmful content or code.

You hereby grant to POWDR an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Powdr that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

Although POWDR may from time to time monitor or review postings, transmissions, and the like on the Services, POWDR is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Services where you may have posted or transmitted material.

You agree that POWDR is free to use any ideas, concepts, know-how, or techniques contained in any communication you send through the Services for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By using the Services and transmitting an unsolicited submission to POWDR you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against POWDR relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.

8. Copyright Infringement

If you believe that any material contained in POWDR’s Services infringes your copyright, you should notify POWDR of your copyright infringement claim in accordance with the following procedure.

POWDR will process notices of alleged infringement which it received and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to POWDR’s Designated Agent, who is:

Copyright Counsel
POWDR Corp.
1794 Olympic Parkway, Suite 210
Park City, Utah, 84098
Email: legal@powdr.com
Facsimile: 435.608.6564

To be effective, the notification must be in writing and contain the following information: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Services are covered by a single notification, a representative list of such works at that Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9.Third Party Content, Links & Services

Any information, statements, opinions or other information provided by third parties and made available on the Services are those of the respective author(s) and not POWDR. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party content described, listed or made available on or through the Services.

We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave the Services. If you decide to visit any external link, 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. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked The Services or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any of our trademarks, logos or copyright symbols. If you visit our social media pages (“Social Media Pages”), you understand that all comments, visuals, reviews and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, PLATFORM AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON THE SERVICES OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. POWDR SHALL NOT BE LIABLE FOR ANY THIRD PARTY LINKS OR CONTENT, OR ANY THIRD PARTY PLATFORM ACCESSED ON OR THROUGH THE SERVICES.

10. Changes To the Services

POWDR reserves the right to make changes to the information, data, and Content provided on the Services at any time without notice. POWDR also reserves the right to modify or discontinue some or all of the Services, or any Content contained or accessible thereon, at any time without prior notice without any liability to you.

11. Downloads

The Services may allow you to download certain content, applications, software, and other information or materials. POWDR makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with POWDR or a third party, for example an agreement with a mobile application store.

12. Other Policies & Terms

This Agreement applies exclusively to your access to, and use of, the Services and does not alter in any way the terms or conditions of any other agreement you may have with us for services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Services and to the purchase of services or products and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

Special terms for services you purchase from POWDR
Contest and sweepstake rules
Privacy policies
Employment agreements
Other policies and agreements are typically found by navigating the Services, typically by checking headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, or other promotions made available through the Services may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Policy that you should refer to in order to find out more about the POWDR’s privacy practices involving your personally identifiable information.

Should we employ you, none of the materials provided on the Services constitute or should be considered part or of an employment contract or an offer for employment.

13. Termination

POWDR or you may terminate this agreement at any time. You may terminate this agreement by providing written notice of termination, including your detailed contact information and any Account information or other credentials, to us using the information in the Contact Us section, and destroying: (a) all materials obtained from the POWDR Services and mobile application, and (b) all related documentation and all copies and installations. POWDR may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement.

If you terminate this Agreement, you must immediately cease all access and use of the Services. If you visit POWDR Services anew after terminating this Agreement, you will be opting to re-enter into this Terms of Use. If POWDR terminates this Agreement, you will not attempt to use that Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Even after the termination of this Agreement or of your account or access to the Services, any content or submissions you have posted or submitted may remain on the Services indefinitely.

14. Disclaimers

YOUR USE OF AND BROWSING IN THE SERVICES ARE AT YOUR RISK. NEITHER POWDR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POWDR SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR ANY APPLICATION FEATURES, DATA AND TOOLS THAT ARE INACCURATE OR INACCESSIBLE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, TECHNICAL ISSUES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

POWDR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR MOBILE APPLICATION OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES.

The material in this Services could include technical inaccuracies or typographical errors. POWDR may make changes or improvements at any time.

15. Limitation Of Liability

POWDR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. POWDR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SERVICES, EVEN IF THERE IS NEGLIGENCE OR POWDR OR AN AUTHORIZED POWDR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. POWDR’s total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence), or otherwise for visiting the Services will not be greater than the amount you paid to access the Services or the Services or the lowest liability limitation allowed by applicable law.

16. Indemnification

You agree to indemnify, defend and hold harmless POWDR and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Services and/or any violation of these Terms of Use. If you cause a technical disruption of the Services or the systems transmitting the Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting information to us, creating an account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

18. Disputes, Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
Any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to this Agreement, other agreements on the Services, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Park City, Utah before one arbitrator or submitted to small claims court in Park City, Utah. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

No Class Actions: YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: POWDR, 1794 Olympic Parkway, Suite 210, Park City, Utah, 84098, Attn: Legal Department. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for POWDR shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against POWDR. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Utah exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Severance of Arbitration Agreement: If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

19. Terms For Users in Certain Geographic Locations

New Jersey Residents: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnification; and (d) under Disputes, the Arbitration provision, Class Action Waiver provision and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using the Services, you agree to that these California Civil Code Section 1542 protections no longer apply to you.

Users Outside the United States: POWDR controls and operates its business from its headquarters in Salt Lake City, Utah, United States of America; POWDR makes no representation that these materials are appropriate or available for use in other locations. We recognize that it is possible for you to obtain access to the Services from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material we provide, or your use of this Services, is contrary to the laws of the place from which you access the Services, then this Services is not intended for your use.

If you use this Services from locations outside of the United States you are responsible for compliance with applicable your local laws. Further, if you use or download materials from our Services, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use or which may be subject to other federal rules and regulations restricting exports. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

Australia: Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.

Canada: L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending POWDR a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an e-mail to legal@powdr.com. You may also contact POWDR by writing to [1794 Olympic Pkwy, Ste 210, Park City, UT 84098].

20. Assignment; Full Agreement

Due to the nature of this Agreement, you understand and agree that you may not assign or otherwise transfer these Terms or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. These Terms set forth the entire understanding between you and POWDR with respect to the Services and the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and POWDR with respect to such subject matter.

21. Severability; Waiver

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions, unless otherwise described or stated herein. The failure of POWDR to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision.

22. Modification To the Terms

The Terms may be updated from time to time. We will use reasonable efforts to notify you of such changes. However, please check the latest modification date is posted at the top of this document to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. Your continued use of the Services following the posting of changes to these Terms will mean you accept those changes and that such changes shall apply to Your use of the Services after such changes have been posted.

23. Contact Us

If you have any questions regarding this Agreement, you may contact us using the information below.

Legal Department
POWDR Corp.
1794 Olympic Parkway, Suite 210,
Park City, Utah, 84098

Email: legal@powdr.com

When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.