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PRIVACY POLICY
Please read below for important information regarding our Privacy Policy and how we work with your information.
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1.
Acceptance. This Agreement (the
"Agreement") governs your access and use of Powder Patrol Inc. its services, online
facilities, promotions and all other elements considered to be the property of
Powder Patrol Inc. (the “Company”), effectively the "Service". In consideration for your right to access and
use the Service, you are bound by and agree to the terms as follows:
2.
The Powder Patrol Policy. The
Powder Patrol Membership Card Program may collect information on your browsing
habits while visiting the portal. This
information is used to track which features are constantly used, problems than
can occur and as a means to develop, enhance, promote and launch new products
and services to meet your needs. This information is used strictly for internal
use and is never sold or traded to any outside parties.
3.
Privacy and Cookies. For all questions
relating to how information is collected and stored by Powder Patrol Inc.,
please refer to our Privacy Policy. This website uses two types of
“cookies”. The first, a “session-cookie”
resides in your computers memory for as long as your browser window remains
open. This allows for your account
information to be continually accessed by the system to save you from
constantly re-entering information. Once
you end your session with Powder Patrol, through closing of your browser
window, the cookie is automatically deleted.
A cookie will also be set on your system to remember preferences for
your next visit to Powder Patrol. This
cookie may contain simple information such as your language of preference and
quick login information. In order for
you to properly use your Powder Patrol account, you must enable the session
cookies setting within your browsers’ options panel.
4.
Registration, Personal Username and Password. Use of the Powder Patrol Portal, Membership
Card Program or other products and services deemed to be the property of Patrol
Patrol Inc. may require personal registration. As a member of Powder Patrol, you agree to
provide and keep accurate account information.
Furthermore, you also agree to keep confidential, the account
information you provide specifically in regards to i)
Membership Card Number; ii) Username; iii) Password. You also agree to notify representatives of
Powder Patrol Inc. should you suspect any fraudulent or unauthorized use of
your membership card. The Company shall
not accept any responsibility or be held liable in any way for damages, loss or
suffering resulting from negligence to this or any other section of the Company
Terms.
5.
Rules and Conduct. You agree to use
Powder Patrol’s products and services in a manner deemed acceptable, courteous
and respectful of Powder Patrol, it’s affiliates,
representatives, business Clients and roster of cardholders. You agree not to use the Company products and
services to:
a.
Post, transmit, link to, or otherwise distribute
any information constituting or encouraging conduct that would constitute a
criminal offense or give rise to civil liability, or otherwise use the products
and services in a manner which is contrary to law in your own country or
country’s where Powder Patrol carries out its services;
b.
Defame; abuse, stalk, harass or threaten any
other person or violate the legal rights of any other person, including rights
relating to privacy and publicity;
c.
Post, transmit, link to, or otherwise distribute
any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful material or information;
d.
Post, transmit, link to, or otherwise distribute
any information or software which contains a virus, cancelbot,
Trojan horse, work or other harmful or disruptive component;
e.
Upload, post, publish, transmit, reproduce, link
to or otherwise distribute in any way, information, software or other material
obtained through the products or services of the Company, or any derivative
work thereof, which is protected by copyright, or any other intellectual
property right, without first obtaining permission of the copyright owner or rightholder;
f.
Impersonate or falsely represent your
association with any person; and;
g.
Use, reproduce, sell, resell or otherwise
exploit the products or services of the Company for any commercial purposes.
6.
Responsibility for Minors. You are fully
responsible for:
a.
The online conduct of an authorized minor;
b.
Controlling the authorized minor’s access to and
use of the portal and any such Services and Products; and
c.
The consequences of any misuse of the portal and
any such Services and Products by the authorized minor.
7.
Monitoring. You agree that Powder Patrol Inc. has the
right to monitor the Portal or any content, products or services (collectively,
“Content”), from time to time and to disclose any information as necessary to
satisfy any law, regulation or other governmental request, to operate the
Portal or any of the Services properly, or to protect itself or its users in
accordance with the Powder Patrol Privacy Policy. Powder Patrol Inc. reserves the right to
refuse to post or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, or in violation of
the Terms and Conditions. By using the
portal or the Services, you may have access to Content that may be offensive or
objectionable to you. Under no
circumstances shall Powder Patrol Inc. be responsible or liable, directly or
indirectly, for loss or damage of any kind as a result of any use of, or access
to, any such Content.
8.
Dealings with Third Parties. Your correspondence or business dealings with
any third parties, including any Sponsors, Suppliers, merchants or advertisers,
found on, or through the Portal or any of the Services, are solely between you
and such third parties. Powder Patrol
Inc. is not responsible for any charges you or any user of your account incurs
when conducting business in this manner.
Further, you accept responsibility for ensuring compliance with all
applicable laws in connection with any such transactions. You agree that Powder Patrol Inc. shall not
be responsible or liable, directly or indirectly, in any way for any loss or
damage of any kind incurred as a result of, or in connection with, any of such
dealings or transactions.
9.
Third Party Content. The Portal search option offers access to
numerous third party content and websites over the Internet. Powder Patrol Inc. generally exercises no
control over such third party content, web pages, or sites. It is your responsibility to review and
evaluate any such content, and that any and all risk associated with the use
of, or reliance on, such content rests with you. You agree that Powder Patrol Inc. shall not
be responsible or liable, directly or indirectly, in any way for any loss or
damage of any kind incurred as a result of, or in connection with, any of such
dealings or transactions.
10.
Search
Content. Any and all pictures,
sounds, sound effects, sound recordings, musical works, performances, graphics,
video, cinematic productions, audio-visual works and any other works (the
“Multimedia Content”) located through any search services are protected by
copyright and/or other intellectual property laws. Powder Patrol Inc. does not authorize you to
reproduce, distribute, publicly display, publicly perform, communicate or
create derivative works from any files containing such Multimedia Content. Where search results link to sites outside of
the Portal, all of the Multimedia Content contained on such sites is owned and
server by entities other than Powder Patrol Inc.
11.
Professional
Information. Certain information
provided by third parties related to various professional fields such as,
without limitation, medicine, law, account and financial investments (the
“Professional Information”) is provided for educational and entertainment
purposes only and should not be interpreted as a recommendation for a specific
treatment plan, product or course of action.
You agree that all risk associated with the use of, or reliance on, any
of the Professional Information rests with you.
You agree that Powder Patrol Inc. shall not be responsible or liable
directly or indirectly, in any way for any loss or damage of any kind incurred
as a result of, or in connection with, any of such dealings or transactions.
12.
User
Content. In respect of any and all
content which you elect to post on the Portal which is accessible by the
general public, you grant Powder Patrol Inc. a world-wide, royalty-free,
nonexclusive, perpetual and unrestricted license to
use, copy, adapt, transmit, publicly display and perform, limited purposes of
publishing such content and promoting the Powder Patrol services and
products. Such license shall apply with
respect to any form, media, or technology now known or later developed. With respect to any and all content you elect
to post or transmit using the Services, you agree that Powder Patrol Inc. may
preserve and disclose any content associated with your Membership Card account
where required to do so by law or where such preservation or disclosure is
reasonable believed by Powder Patrol Inc. to be necessary to ensure compliance
with the law, enforce the Terms and Conditions or protect the rights and
interests of Powder Patrol Inc. or any other group or person.
13.
Service
Modifications and Termination of Service.
You acknowledge and agree that Powder Patrol Inc. may at any time modify
or discontinue the Portal or any of the Services with or without notice to you,
and that Powder Patrol Inc. will not be held responsible or liable, directly or
indirectly, to you or any other person in any way for any loss or damage of any
kind incurred as a result of, or in connection with, any such modifications or
discontinuance.
14.
Limitations, Conditions and Rules Regarding Service.
You agree that Powder Patrol Inc. may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, but not limited to,
the number of participating resorts, airline agencies, car rental agencies and other business Clients. You acknowledge that Powder Patrol Inc. has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
15.
Termination.
You acknowledge and agree that
Powder Patrol Inc., at its sole and absolute discretion, may, without notice to
you, suspend or terminate your use of, or access to, the Portal or any of the
Services, and remove and discard any information or content that you posted to
or transmitted using the Portal or related to such Service. You further agree that Powder Patrol Inc.
shall not be liable to you or to any other person as a result of any such
suspension or termination. If you are
dissatisfied with the Portal, or of the Services or with any terms, conditions,
rules, policies, guidelines, or practices of Powder Patrol Inc. in operating
the Portal and the Services, your sole and exclusive remedy is to discontinue using
the Portal and the Services.
16.
Disclaimer
of Warranties. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT: THE PORTAL
AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT
Powder Patrol INC. MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used
in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE
HEREBY EXPRESSLY DISCLAIMED; AND
a.
Powder Patrol INC. SPECIFICALLY MAKES NO
WARRANTIES THAT THE PORTAL OR ANY OF THE SERVICES, INCLUDING ANY CONTENT,
INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE
PORTAL OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS.
17.
Limitation
of Liability. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Powder Patrol INC., INCLUDING ITS
AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY
DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES,
REGARDLESS OF WHETHER Powder Patrol INC. HAD BEEN ADVISED OF OR COULD HAVE
FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
(a) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE
PORTAL, OR (b) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR
CONTENT OR TRANSMISSIONS, OR (c) ANY OTHER MATTER RELATING TO THE PORTAL OR ANY
OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO
CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
18.
Indemnity. You agree to defend, indemnify and hold
Powder Patrol Inc., its affiliates, Sponsors, Suppliers and other partners,
directors, officers, employees and agents harmless from any and all
liabilities, claims, costs and expenses, including reasonable attorneys’ fees,
related to or in connection with your, or any user of your account:
a.
Violation of the Terms and Conditions;
b.
Use of the Portal or any of the Services;
c.
Placement, posting or transmission of any
message, information, software or other content on the Portal or through any of
the Services.
19.
Official
Language. You recognize and accept
that English is the official language
of Powder Patrol, its product and services and any subsidiary of Powder Patrol
Inc. You further recognize that any
attempt to translate the content of some or all of the services and products by
Powder Patrol is purely for intended convenience to our business clients and
public cardholder roster. Powder Patrol
Inc. makes no claims and shall not be held responsible for the accuracy and
correctness of the translation. Should a
dispute arise, all parties agree and accept that all content to be used as
reference will be the originally published English translation of such content.
20.
Intellectual
Property. Except as expressly
provided, nothing herein or within the Portal or any of the Services shall be
construed as conferring any license under any of the intellectual property
rights of Powder Patrol Inc. or any third party, whether by implication,
waiver, estoppel, or otherwise. Without limiting the generality of the
foregoing, you acknowledge and agree that certain content available through and
used to operate the Portal and Services is protected by copyright, trademark,
patent, or other proprietary rights of adapt, translate, modify, decompile,
disassemble, or reverse engineer any software, applications or programs used in
connection with the Portal or the services.
21.
Trademarks. Powder Patrol (word mark), e-Discounts™, e-LiftTix™, the Powder Patrol logo and “All Things
Alpine” and any other related trademarks of Powder Patrol Inc. are the sole
property of Powder Patrol Inc. and may not be reproduced in any way unless
prior written authorization has been grated by licensed Powder Patrol
representatives. All other product,
brand, company names, trademarks, logos or other intellectual property used or
displayed on the portal or through other products or services are the
intellectual property of their respective owners.
22.
Ownership of Content. Powder Patrol is a Canadian company residing
in Canada. Powder Patrol Inc. makes no claim or
validation as to the content controlled by our business clients that is
available through the Powder Patrol portal.
Powder Patrol, it’s name, logo and other
trademarks are all the sole property of Powder Patrol Inc. Reproduction of these properties is strictly
prohibited unless proper written authorization has been received by licensed
Powder Patrol representatives. You agree
not to modify, alter, or deface any of the Content available through the
portal.
23.
General. Powder Patrol, its products and services,
originate in Canada. The Terms and Conditions constitute the
entire agreement between Powder Patrol Inc. and you pertaining to your use of
said products and services. This
agreement supercedes any and all prior agreements between you and Powder Patrol
Inc. Failure of Powder Patrol Inc. to
insist upon or enforce strict performance of any right or provision of the
Terms and Conditions are determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such determination shall
not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by
and construed in accordance with the laws of the Province
of Ontario and the federal laws of Canada
applicable therein. The parties have
required that the Terms and Conditions and all documents relating thereto be
drawn up in English. Les parties ont demande
que cette convention ainsi que tous
les documents que s’y rattachent soient rediges en anglais.
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