Terms of Use FOR RED LODGE GRIZZLY PEAK INC.

RED LODGE MOUNTAIN | RED LODGE GOLF COURSE | RED LODGE MOUNTAIN WEDDINGS | GRIZZLY PEAK OUTDOORS

Welcome to the website of Red Lodge Grizzly Peak, Inc. doing business as Red Lodge Mountain, Red Lodge Mountain Golf Course, Red Lodge Mountain Weddings, and Grizzly Peak Outdoors (hereby referred to as “Red Lodge Grizzly Peak”). Red Lodge Grizzly Peak and its affiliates (“Red Lodge Mountain”, “Red Lodge Mountain Golf Course”, “Red Lodge Golf Course”, “Red Lodge Mountain Weddings”, “Grizzly Peak Outdoors”, “we”, “us”, or “our”) provide these website for use subject to the following Terms of Use (“Terms of Use”) which govern your use of our website (“Site”). Please read these Terms of Use carefully before using our Site. By accessing or using The Site in any manner, you agree to the Terms of Use. If you do not agree to these Terms of Use or our Privacy Policy, you should not use our Site or its services.

Privacy

By agreeing to our Terms of Use, you are also agreeing to the terms set forth in our Privacy Policy, which is expressly incorporated into these Terms. All personally-identifiable and non-personally identifiable information provided to us as a result of your use of this Site will be managed in accordance with our Privacy Policy.

Additional Terms and Agreements

We may require you to follow additional rules and guidelines in order to sign-up or use various features of our Site, to make purchases or reservations on our Site, to participate in certain promotions on our Site, or for other reasons. In such case, you may be asked to expressly consent to additional terms, for example, by checking a box or clicking on a button marked “I agree”. This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. In addition, certain policies or terms of sale may apply to online purchases and/or reservations made on our Site, which may be deemed accepted when you complete or confirm your purchase reservation. All additional terms and click-through agreements as described in this paragraph are referred to as “Additional Terms”

Site Content

Our Site contains text, videos, images, audio, or other content provided by Red Lodge Grizzly Peak, Inc or its partners (collectively “The Content”) and such content is protected by the United States under applicable intellectual property laws. Red Lodge Grizzly Peak, Inc grants you permission to lawfully access this Site and to display, print, or download The Content for your personal, non-commercial use only, given that you (i) do not modify The Content; (ii) do not delete or alter any copyright, trademark, or other proprietary rights contained in The Content; (iii) you do not copy The Content on any other website.
You expressly recognize and agree that Our Trademarks, including the DBA names and logos (“Red Lodge Grizzly Peak, Inc Branding And Marks”) are the sole property of Red Lodge Grizzly Peak Inc. You are prohibited from displaying or using the Red Lodge Grizzly Peak, Inc Branding And Marks, as well as company names, logos, service marks, product names, and/or the branding and marks of any other businesses featured on our Site, without written permission by an authorized representative.
Any content you may download or access on our Site, including files, forms, images, or data are limited to the use described in the preceding paragraph.

Content You Submit to The Site

Our Site may provide you with the option to add, upload, submit, distribute, or share on or through The Site, including but not limited to information, opinions, images, architectural plans (“User Content”). By uploading any User Content to The Site, you expressly permit and warrant that you have the right to permit to Red Lodge Grizzly Peak Inc an irrevocable, transferable, royalty-free, license to use your User Content in a reasonable manner with which it was collected for. For example, if you submitted your child’s artwork (User Content) in the annual Season Pass Artwork Contest, you grant Red Lodge Grizzly Peak Inc DBA Red Lodge Mountain the right to display said content. Red Lodge Grizzly Peak Inc may choose to refuse or remove any User Content submitted to The Site. User Content submitted to The Site is not converted into The Content of Red Lodge Grizzly Peak, Inc or any of its affiliates.

Conduct

By using The Site, you agree to never:

(a) upload, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, offensive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) engage in or facilitate harassing conduct aimed at any other person or entity;
(c) harm minors in any way;
(d) impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through The Site;
(f) upload, e-mail or otherwise transmit any User Content that you do not have a right to transmit under law, contractual agreement, or fiduciary relationships
(g) upload, e-mail or otherwise transmit any User Content that infringes any patent, trademark, copyright or other proprietary rights of any kind;
(h) upload, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(i) upload, e-mail or otherwise transmit any material that contains software viruses or computer code, and/or files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment;
(j) interfere with or disrupt The Site, servers, or networks connected to The Site, or disobey any requirements, procedures, policies or regulations of networks connected to The Site;
(k) violate any applicable local, state, national or international law, and/or any regulations having the force of law.

Copyright Infringement

Red Lodge Grizzly Peak Inc. is committed to respecting the intellectual property rights of others, and we ask our users to do the same. If you believe any content on The Site infringes upon your work, please send notice of the alleged infringement to one of the addresses below with the following information, per the Digital Millennium Copyright Act of 1998 (“DMCA”):

An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
A description of the work that you claim has been infringed, including the URL, website location, or other identifying characteristics;
Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice to one of the following:

Mail: Red Lodge Mountain
Attn: Copyright Notice
305 Ski Run Rd
PO Box 750
Red Lodge, Montana 59068
E-mail: [email protected] (please include “Copyright Notice” in the subject line)
Fax: (406) 446-3604

Red Lodge Grizzly Peak may terminate use of our Site appropriate circumstances pursuant to the DMCA.

Registration on The Site

At some point you may register on our Site to access a service, garner information, make a purchase, enter a promotion, or for other purposes. If you register on our Site, you agree to provide true, accurate, current, and complete information. Those under the age of 13 are prohibited from registering themselves on our Site. A parent or guardian is required to register on behalf of anyone 13 or under. More information available in our Privacy Policy.

Site Links

Unless otherwise prohibited under these Terms of Use, you are licensed to create hyperlinks to all landing pages on our Site, with the exception of special use pages including a confirmation page or any page requiring a password. You are also permitted to implement the RSS feeds on our Site for your personal, non-commercial use. Red Lodge Grizzly Peak, Inc. reserves the right to revoke these licenses at any point in time at our discretion

Third Party Sites

The Site contains links to other sites and resources provided by third parties. Red Lodge Grizzly Peak Inc holds no control over the content of those sites or resources, and is not liable for any loss or damage that may arise from their use. We will do everything in our power to link to only reputable and trustworthy sites, but cannot guarantee your safety in terms of a security breach via their system. If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk, accept that it is your responsibility to take protective measures to guard against viruses, and are subject to the terms and conditions of use for those websites.

International Use of our Site

You agree to comply with all local rules regarding online conduct and acceptable Content. By using this Site, you assume all knowledge of applicable laws and are solely responsible for compliance with any such laws. You are prohibited from using The Site in any way that violates applicable State, Federal, or International laws, regulations, or other government requirements. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you are located.

Indemnity

You agree to indemnify and hold harmless Red Lodge Grizzly Peak, Inc. and its affiliates, agents, partners, and employees from any claim, liability, loss, expense, or demand, including reasonable attorneys’ fees made by any third-party due to any User Content you submit to or transmit through the Site, your use of The Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Disclaimer of Warranties

You acknowledge that your use of this Site is at your sole risk. The Site is provided on an “as-is” and “as available” basis. Red Lodge Grizzly Peak Inc makes no warranty that The Site will meet your requirements; that The Site will be uninterrupted, available, timely, secure, or error-free; or that the results that may be obtained from the use of this Site will be accurate or reliable; that the quality of any products, services, information, or other material purchased or obtained by you through The Site will meet your expectations. Any material downloaded or otherwise obtained through The Site is done at your own discretion and risk.

Limitation of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude and disclaim liability for any losses and expenses – of whatever nature and regardless of how they arise – including, without limitation, any direct, indirect, incidental, special, consequential, or exemplary damages. In no event will Red Lodge Grizzly Peak Inc, its affiliates, employees, agents, contractors, or suppliers, be liable for damages of any kind, under any legal action, arising out of or in connection with your use of the Site or any websites linked to it, or any products or services available on these sites or otherwise resulting from: (i) the use or inability to use the Site; (ii) the cost of procurement of substitute products and services resulting from any goods, data, information, or services purchased or obtained, messages received, or transactions entered into through or from the Site; (iv) statements or conduct of any third party on the Site; or(v) any other matter relating to the Site. This Limitation of Liability applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis.
These Terms of Use set forth your specific legal rights with using this website, and you may have other rights which vary from country to county. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such case, the Limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of applicable jurisdictions. Your rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Terminating Permission to Use Our Sites

You may terminate these Terms of Use at any given time by ceasing your use of the Site, destroying all Red Lodge Grizzly Peak Inc content, Software or other intellectual property obtained from the Site and all copies and installations thereof, and deleting any accounts you have established on the Site. Red Lodge Grizzly Peak Inc may terminate these Terms of Use or access to the Site, in whole or in part, at any time if you violate these Terms of Use.

Modification of Terms of Use

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Alterations to our Site in no way affect the Terms of Use set forth in this document. Please check the Terms of Use periodically for any updates. Modifications become effective immediately upon being posted on the Site, without further notice to you. Your continued use of our Site following the posting of changes to the Terms of Use will mean you accept those changes.

Miscellaneous

This agreement is governed by and interpreted in accordance with the laws of the State of Montana. Exclusive jurisdiction and venue for any legal proceedings related to these Terms of Use shall be in the state courts located in Carbon County, Montana; or federal courts located in Billings, Montana. If we fail to enforce any provision of these Terms of Use, it will not be considered a waiver of our rights. If any portion of these Terms of Use is held to be unenforceable, then the remaining clauses and provisions will remain in full effect. Any and all warranties provisions, rights, and obligations of the parties herein described and agreed to be performed subsequent to the termination of this agreement shall survive the termination of this agreement. These Terms of Use, including our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Red Lodge Grizzly Peak Inc, superseding any prior agreements between you and Red Lodge Grizzly Peak Inc, with regard to your use of the Site. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of our asset(s).