Please read the following Terms and Conditions closely. Catalate Commerce, Inc. ("Catalate") provides e-commerce services so that you can use this website (the "Site") to purchase products from Powderhorn Mountain Resort ("Provider"). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein and you agree to be bound by these terms. Catalate may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
When you make a Purchase on the Site you will buy products and services ("Products") from the Provider. Catalate is the payments processor, not the seller of the Products. If you need customer support, want to request a refund or credit, or have any other questions about a Product you must contact the Provider directly. Catalate makes no warranties of any kind regarding Products.
You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Catalate, Provider and/or various third parties, and is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code and equivalent laws in other jurisdictions.
You may only use this Site to purchase the Products offered on the Site, and shall not use this Site to make any speculative, false or fraudulent Purchases. You may not use any automated means to access this Site, unless specifically permitted by Catalate. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Purchase in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print, in hard-copy, portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Catalate's prior written consent is prohibited.
The Site, all Content on the Site and software used to provide the Site and its services are and will remain the exclusive property of Catalate and its partners. Any feedback, comments, or suggestions you may provide regarding Catalate, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Unless a Provider has agreed otherwise, all Products, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Purchase; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of Products through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CATALATE COMMERCE, INC. —INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES") —BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH: (A) ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR (B) ANY ACTIVITIES YOU PARTICIPATE IN AS A RESULT OF PURCHASES MADE ON THE SITE, IN EACH CASE EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, rerouting or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any Products available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law.
To the fullest extent permitted by applicable law, the aggregate cumulative liability of the Covered Parties to a User will be limited to the fee or charge to the User assessed by Catalate for making a Purchase.
If you use this Site to make Purchases for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all Products acquired through this Site, including all rules and restrictions applicable thereto.
You agree to defend, indemnify and hold harmless the Covered Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Site and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms and Conditions.
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Catalate, and are neither its employees nor agents.
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
All Purchases must be submitted with a major credit card unless otherwise expressly stated.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Purchase caused by an incorrect email address provided by you or other technical problems beyond their control.
"Catalate", "Liftopia", "Liftopia.com", "Ltibooking" and any and all other marks appearing on this Site are trademarks of Catalate Commerce, Inc. in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Catalate's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.
Any dispute or claim relating in any way to your use of the Site, or to any Products sold or distributed by Catalate will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at our address provided on the Site. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Catalate will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. In such case, the internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in San Francisco, California for any such disputes.
All purchases are final and cannot be canceled, refunded, or transferred to another person, even with a fee. Once you complete a purchase, your credit card will be charged for the amount shown, regardless of whether or not the purchased ticket(s) is/are used. If you purchase a Product with a payment plan or if you purchase a Product that auto-renews (e.g. a subscription Product), you agree to let Catalate save your credit card information in order to complete all subsequent payments. All tickets and passes are subject to the restrictions described in the product description and/or pickup instructions.
We do not guarantee weather or other conditions, open terrain or number of operating lifts and attractions.
Credit will not be given for any unused Purchases and cannot be used toward any future Purchases.
Tickets are not delivered by mail. Once Catalate confirms your Purchase, we will provide you access to an electronic voucher. You must print the voucher and present it at the ticket office of the particular resort destination to claim your tickets. The Purchaser whose name appears on the voucher must redeem the ticket(s) in person with a valid photo ID.
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. The User agrees that all taxes, charges, surcharges, shipping/handling or other fees will automatically be charged to the credit card submitted by the User. Such amounts will be posted on this Site. You agree that your credit card will be charged for the full cost of your Purchase.
Booking Fees are special transaction fees that are imposed on us once we make your reservation. Therefore, these fees are not refundable.