You should carefully read these PEAK SKI COMPANY - TERMS OF SALE (“Terms”) before submitting any orders for purchase, as THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, including a BINDING ARBITRATION AGREEMENT and CLASS ACTION & JURY TRIAL WAIVER CLAUSE. Except for certain types of disputes described in the Arbitration section below or if prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Section 1 – Scope and Application

1.1    These Terms are between you and Peak Ski Company, LLC (“Peak”, or “Peak Skis” or “Peak Ski Company”, or “us” or “we” or “our” as required). THESE TERMS APPLY TO ALL OFFERS, SALES, RESERVATIONS, AND PURCHASES OF ALL PRODUCTS (“PRODUCTS”) OR SERVICES (“SERVICES”) THROUGH THE ONLINE ORDER FORM(S) AVAILABLE AT WWW.PEAKSKIS.COM OR ANY PEAK MOBILE APPLICATION, AND ALL OTHER WEBSITES, MOBILE SITES, AND MOBILE APPLICATIONS WHERE THESE TERMS APPEAR OR ARE LINKED (EACH INDIVIDUALLY, A “SITE” AND COLLECTIVELY, THE “SITES”). BY ORDERING ANY PRODUCTS THROUGH THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS ANY ADDITIONAL TERMS AS PROVIDED IN SECTION 1.3 AND ANY ORDER CONSUMMATED THROUGH THE SITES IS CONDITIONED ON YOUR ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER.

1.2    These Terms are considered a “click-through” agreement and include the Terms of Use governing the Sites. In the event that there is a conflict between these Terms and the respective Site’s Terms of Use, these Terms will supplement or amend the Terms of Use, but only with respect to the matters governed by these Terms. Although not part of these Terms, please review the Privacy Policy to better understand how you can update, manage, access, and delete your Personally Identifiable Information.

1.3    Peak Ski Company and/or some third-party providers may also require you to follow additional rules, policies or guidelines to complete your order, purchase, reservation, or participate in any promotions (“Additional Terms”). Additional Terms may be provided in a separate “click-through” agreement or disclosure at purchase or prior to participation.  If any Additional Terms are different than these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms. Please be advised that Peak Ski Company and/or third-party suppliers may require all individuals must sign an assumption of risk, release of liability and indemnification agreement prior to using the Products. Any violation of Peak Ski Company or any third-party supplier’s rules and restrictions may result in cancellation of your order or reservation(s), in your being denied access to or use of the applicable product or services, in your forfeiting any monies paid for such reservation(s) or purchase(s), and/or in our debiting your account for any costs we incur as a result of such violation.

1.4    We may update or change these Terms or Additional Terms at any time without prior notice in our sole discretion. The latest version of the Terms will be posted on the Sites.

Section 2 – Order Placement & Acceptance; Online Contracting

2.1 When you place an order to reserve, purchase and/or pay for Products or Services through the Sites, you agree that your order is an offer to purchase or reserve Products or Services listed in your order that may be accepted or rejected for any reason. We reserve the right to revoke any offer or to refuse any order that you place through the Sites. 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 Additional Terms that you accept in connection with completion of a transaction on the Sites.

2.2 Upon placing an order you will receive an order acknowledgement to your registered email detailing the Products or Services ordered, but your order will not be accepted until approval by your chosen payment method is received, at which point you will receive an order confirmation (i.e., payment confirmation) email. ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, [EXCEPT AS SPECIFIED IN THE CANCELLATION AND REFUND POLICY OUTLINED IN SECTION 4 BELOW].

2.3 Peak Ski Company reserves the right assign or fulfill orders for Products or Services from third party suppliers and may be subject to Additional Terms of third party suppliers. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.

Section 3 – Prices; Sites Errors; Payment

3.1 Prices on the Sites are subject to change without notice but will only apply to orders placed after such changes. Prices for Products and Services purchased are those in effect when an order is received and will be set out in the order acknowledgment. Prices are quoted and will be paid in U.S. dollars. Unless otherwise indicated on the Sites, prices exclude taxes (if applicable), which are additional and will be itemized in the order confirmation.

3.2 Materials on the Sites may be changed, updated and/or deleted without notice and are subject to correction for technical, clerical or typographical inaccuracies or errors. We will not be responsible for any such inaccuracies or errors and orders placed through the Sites may be declined or cancelled for any lawful reason, including without limitation due to the foregoing issues or if a Product or Service is unavailable within a prescribed time period.

3.3 Payment or pre-authorization of funds by credit card or other payment method accepted by the Sites is required before an order will be confirmed. Pricing is non-refundable [except as specified below].

Section 4 – Cancellations and Refunds

4.1 Please refer to our website for our cancellation and refund policies.

Section 5 – Transactions and Force Majeure

5.1 The Sites offer Products or Services for purchase by you. Specific Services or Products may or may not be available due to government restrictions, weather, pandemics, war, supply chain issues and similar causes that are beyond the control of Peak Ski Company. Peak is located in a mountain region and subject to severe weather events beyond our control or prevention that may impair Peak’s ability to perform. We are not liable for any failure or impairment that may prevent your ability to receive the Products or Services due to severe weather events, including but not limited to, snow, ice, high-winds, blizzard, and floods and closed roads, closed mountain passes, unplowed road conditions, and cancelled and delayed flights.

5.2 In no event shall we be responsible or liable for any restrictions or limitations to the Products or Services purchased hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents,  pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Section 6 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

6.1  TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITES, THE PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY PROVIDING THE PRODUCTS OR SERVICES ON THE SITES, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITES AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

6.2 WE CANNOT GUARANTEE THE PRODUCTS AND SERVICES ON THE SITES WILL BE AVAILABLE ON A CONTINUOUS BASIS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SUPPLY OF PRODUCTS AND SERVICES AS REASONABLY POSSIBLE, WE OFFER PRODUCTS AND SERVICES WITH A LIMITED SUPPLY SO DELAYS OR UNAVAILABILITY ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

6.3 NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF PEAK SKI COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF PRODUCTS OR SERVICES ORDERED OR OBTAINED THROUGH THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE FIVE HUNDRED DOLLARS ($500).

6.4 EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF PROPERTY, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION IN CONNECTION WITH YOUR PURCHASE OR USE OF ANY PRODUCT, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR PART OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Section 7 – Transferability; Compliance

7.1 You agree in placing orders through the Sites that you are purchasing a Product or Service contemplated for use by a designated individual user and shall not be transferable. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY IMPLIED WARRANTY ONLY EXTENDS TO THE INDIVIDUAL PERSON IDENTIFIED AS THE RECIPIENT AT THE TIME OF ORDER.

Section 8 – Notices

8.1 Unless otherwise specified, please send communications to us under these Terms via email to info@peakskis.com. We may update this notice information by notice on the Sites.

8.2 Notices to you under these Terms may be sent by sending a message to the email address you provide or by posting to the Sites. Notices sent by email will be effective when sent. Posted notices are effective upon posting. It is your responsibility to keep your email address current.

Section 9 – MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

9.1 Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below. In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Sites, the Services, or any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a Montana small claims court in Bozeman for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under Montana law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

9.2 You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

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

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

9.5 If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Sites, Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at info@peakskis.com and including in the subject line “Rejection of Arbitration Provision.”

Section 10 – Governing Law and Venue

10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Montana, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the mandatory arbitration provision) shall be governed by the exclusive jurisdiction and venue of the state (Bozeman) and federal (Butte District) courts of Montana. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Sites as further described in our Privacy Policy.

Section 11 – Mobile Message Service 

11.1 The Peak Ski Company mobile message service (the "Service") is operated by Peak Ski Company, LLC (“Peak, Peak Ski Company”, “we”, or “us”). Your use of the Service constitutes your opting in and agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

11.2 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

11.3 Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) promotions, specials, and other marketing offers (e.g., cart reminders) from Peak Ski Company via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (844) 387-2750 to cancel at any time. You'll receive a one-time opt-out confirmation text message in response. If you have subscribed to other Peak Ski Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 387-2750 or email info@peakskis.com.

11.4 We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that Peak may change its telephone numbers periodically in the normal course of business operations and that any messages, including any STOP or HELP requests, may not be received and Peak shall not be responsible for honoring requests made in such messages.

11.5 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

11.6 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Section 12 – General

12.1 No amendment to these Terms will be valid unless made in writing and agreed to by Peak Ski Company. These Terms are the final and integrated agreement between you and us with respect to their subject matter. Except as otherwise specifically provided herein, these Terms do not provide any rights or remedies to any person or entity other than you and us. You may not assign your rights or delegate your obligations under these Terms to any other person or entity without our prior written consent, and any attempt to do so without consent is void. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision, and a waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.