POWDER MOUNTAIN RIDESHARE Membership Agreement POWDER MOUNTAIN RIDESHARE This membership agreement ("Agreement") is a legally binding agreement between you ("you", "your") and Powder Mountain Resort Management LLC ("Powder Mountain",” POWDER MOUNTAIN RIDESHARE” "Us", "We" or "Our"), governing your use of and participation in Powder Mountain's drive, ride forum and other related services ("Services") through www.PowderMountain.com or Rideshare.PowderMountain.com ("Website"). Please read this Agreement carefully. By REGISTERING AS A MEMBER, you are stating that you have read and understood this Agreement and that you agree to be bound by its terms. If you do not agree with the terms in this Agreement, your sole recourse is not to become a member of POWDER MOUNTAIN RIDESHARE or use the Services. From time to time, Powder Mountain may amend this Agreement. Amendments will be posted on the Website. Please check back frequently to see the terms of the Agreement then in effect. The amended Agreement will be effective on the effective date indicated therein. Your continued membership and use of the Services will constitute acceptance of the amended Agreement. If you disagree with this Agreement, or any amendments to the Amendment, your sole recourse will be to cease using the Website, the Services, and/or to cancel your membership. Your use of the Services is also governed by our Website Terms of Use and Privacy Policy, which are incorporated by reference into this Agreement. 1. MEMBERSHIP
A. ELIGIBILITY FOR MEMBERSHIP To be eligible to become a member of POWDER MOUNTAIN RIDESHARE and to use the Services, you must be over the age of majority in the jurisdiction in which you live and be capable of forming legally binding contracts under applicable law. By registering, you represent that you have never been convicted of an indictable criminal offense and that you are not registered as a sex offender with any government body. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. You must not register for a second membership if you already have an active POWDER MOUNTAIN RIDESHARE membership. B. HOW TO REGISTER To become a POWDER MOUNTAIN RIDESHARE member, you must register on the Website by providing us with your email address, first name and last name and selecting a POWDER MOUNTAIN RIDESHARE password. You will also be asked to complete optional biographic and demographic information about yourself to create your Member Profile, which we will use to match you with other POWDER MOUNTAIN RIDESHARE members and enhance the Services offered on the Website and which will be accessible to other POWDER MOUNTAIN RIDESHARE members. If you are registering as a driver, you may also be required to provide details such as the make, model and license plate number of your vehicle. See the Privacy Policy for information about how We manage, use and make available your personal information. You may cancel your POWDER MOUNTAIN RIDESHARE membership at any time by contacting Us and requesting that your membership be cancelled. You are responsible for maintaining the confidentially of your password. Keep your password in a secure place and do not allow any unauthorized persons to access the Website or the Services using your password. As a POWDER MOUNTAIN RIDESHARE member, you will be issued a POWDER MOUNTAIN RIDESHARE Account, described in more detail below. You are responsible for all activity that occurs under your password and through your POWDER MOUNTAIN RIDESHARE Account. If you suspect that others have knowledge of your password, have accessed your POWDER MOUNTAIN RIDESHARE Account without consent, or suspect any other security breach, you are expected to report this to POWDER MOUNTAIN RIDESHARE immediately. Access to and use of password-protected areas of the Website is restricted to registered members. Attempting to access these member-only Services without authorization is prohibited. You are responsible for keeping your membership information (including but not limited to your email address) up to date at all times. POWDER MOUNTAIN RIDESHARE reserves the right to terminate the membership of any individual whose membership details have fallen out of date or which cannot be verified for any reason. 2. ACCOUNTS AND FEES A. FEES Use of the Website and registering to become a POWDER MOUNTAIN RIDESHARE member are free. Posting a request for a ride or extending an offer to drive through the Website is also free. 2. POWDER MOUNTAIN RIDESHARE ACCOUNT When you become a member of POWDER MOUNTAIN RIDESHARE, you will be issued a POWDER MOUNTAIN RIDESHARE Account. 3. USE OF SERVICES A. DRIVERS By becoming a POWDER MOUNTAIN RIDESHARE member, using the Services on the Website and acting as a Driver for Passengers, Drivers represent and warrant that: 1. You have all required licenses and permits, all of which are valid and current, to perform the service offered in all jurisdictions in which you will be driving; 2. Your vehicle is road-worthy and registered/licensed, as required and complies with all safety and sanitary requirements and other legal and regulatory requirements applicable to the transportation of passengers in the jurisdictions in which you will be driving; 3. You have adequate and up to date insurance, as required under applicable law, with an appropriately licensed insurer; 4. Where required by law, you will prepare and provide to the Passenger a contract of carriage that contains all terms and conditions legally required in the jurisdictions in which you will be driving; 5. Your posting or accepting of an offer to be a Driver will not interfere with any other contractual obligation owed to any third party; 6. You will deliver the Passenger to the agreed-upon destination in a safe and professional manner to the best of your abilities; 7. You will comply with all the laws of the road and all laws and regulations applicable to the transportation of passengers, as the case may be, in the jurisdictions in which you are driving;
B. PASSENGERS By becoming a POWDER MOUNTAIN RIDESHARE member, using the Services on the Website, and/or requesting and accepting an offer from a Driver for a ride, Passengers represent and warrant that: 1. You will not distract, alarm, make additional demands, or otherwise interfere with the Driverís ability to drive safely and within the limits of the law; 2. You will disclose in advance to the Driver if you have any luggage or other goods that you will be bringing with you for which there will need to be room in the Driver’s vehicle; 3. Your luggage, or other goods brought with you, will not include any of the Prohibited Items listed under Paragraph C below.
C. PROHIBITED ITEMS By becoming a POWDER MOUNTAIN RIDESHARE member, using the Services on the Website Drivers and Passengers represent and warrant that: 1. The luggage you carry will not include any of the following prohibited goods (“Prohibited Items”): o Alcoholic beverages o Live animals, birds, insects or reptiles o Firearms and restricted weapons o Nuclear substances, explosives, gases, corrosives, toxic substances; o Equipment, containers or items containing gasoline, diesel, or other flammable liquids, including residues o Items subject to laws or regulations related to the transportation of dangerous goods, except in accordance with such laws and regulations o Illegal items, including but not limited to illicit drugs o Any item which, because of character, size, weight or composition is likely (i) to be obnoxious to the Driver; or (ii) to cause injury to the Driver or any third party, or damage to the property of the Driver or any other third party; (iii) to be dangerous to life, health, property or the environment when handled or transported;
D. GENERAL By becoming a POWDER MOUNTAIN RIDESHARE member, and using the Services on the Website, you represent and warrant that you will comply with all applicable laws, statutes, ordinances and regulations regarding (i) your use of the Website or Services (including but not limited to your requests for or offers of service), and (ii) any activities resulting from your use of the Website or Services, including but not limited to complying with all laws related to vehicular traffic, carriage of persons, public and personal security, importation, export, privacy, and consumer protection, as applicable. Membership and use of the Services is void where prohibited by applicable law. 4. SAFETY AND SECURITY SUGGESTIONS POWDER MOUNTAIN RIDESHARE does not run any background checks, including criminal background checks or reference checks, evaluate driving history, insurance, or other qualifications. POWDER MOUNTAIN RIDESHARE encourages its members to exercise caution and common sense when interacting with another member, whether through the Website or in person. Use caution when selecting departure and arrival points in order to make the exchange as safe and secure as possible. You are solely responsible for selecting the members and/or individuals with whom you will travel. If you do not feel safe or comfortable sharing a ride with a Driver for any reason, you should use another means of transportation or refuse to accept the role as Driver. Remember that parts of your Member Profile details will be shared with potential matches, and that the My Rides is visible to anyone using the Website. We do not recommend that you include information such as your address, email or other contact information in your “more information” part of the bio, or in communications through the Website, including but not limited to the My Rides. reserves the right, but is not obligated, to edit the content of such communications. We strongly encourage you to be cautious when sharing with other members personal information that could reveal your identity, address or contact information.
When a Driver meets a Passenger in person, the Driver should present his/her driverís license to confirm his or her identity. Passengers and Shippers should request to see the Driver’s license, if it is not presented voluntarily. Passengers may be requested to show a copy of the ticket issued to them over the Website. 6. USER CONDUCT We may provide the opportunity for members to exchange information, ideas and opinions through postings, responses, feedback, use of the Website, or other material posted to, or exchanged through, the Website (“User Content”). User Content appearing on the Website does not necessarily reflect Our views. We reserve the right, but are not obligated, to review and remove or edit User Content at our sole discretion. By accessing the Website, becoming a member of POWDER MOUNTAIN RIDESHARE and/or submitting User Content, you represent, warrant and agree that: 1. You are over the age of majority in the jurisdiction in which you reside; 2. You will abide by all applicable laws and regulations; 3. You will not upload, post, email or otherwise transmit any User Content that: o Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, pyramid schemes or other such forms of solicitation; o Infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy right of any party; o Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hatefully, racially, ethnically or otherwise objectionable; or o Contains any form of destructive software such as a virus, worm, trojan horse, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; 4. You will not: o Harvest or otherwise collect or store any information (including personally identifiable information) about any other users of the Website or POWDER MOUNTAIN RIDESHARE members except with the express consent of such individuals and as contemplated by use of the Services offered; o For the purposes of misleading others, create a false identity for your membership registration, or the origin of any message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; o Impersonate any person or entity, including but not limited to employees or representatives of POWDER MOUNTAIN RIDESHARE, or falsely state or otherwise misrepresent your affiliation with any person or entity; o Attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through any means; o Interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; or o Use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information, or any portion thereof, other than in the context of your use of the Website. 7. MEMBER’S GRANT OF LICENSE By posting or submitting postings, responses, feedback, or other material to this Website (“User Content”), you: a. represent and warrant that you own or otherwise control all rights (including but limited to copyright and moral rights) in and to the User Content, and that the User Content does not and will not infringe the rights of any third party; and b. grant to POWDER MOUNTAIN RIDESHARE the unrestricted, worldwide, royalty-free, nonexclusive right to use, reproduce, display, adapt, modify, distribute, and edit the User Content for any purpose whatsoever. 8. LIMITATIONS A. NO REPRESENTATIONS OR WARRANTIES The Website is a venue through which potential Drivers and Passengers can connect and make arrangements as between themselves for the transportation of persons. We are not involved in the actual Transactions and therefore have no control over the accuracy, quality, safety or legality of the descriptions included in postings, the ability of Drivers to fulfill their obligations, or the ability of Passengers receive services. We cannot ensure that a Passenger or Driver will actually complete his or her responsibilities.
B. VERIFICATION AND REPORTING POWDER MOUNTAIN RIDESHARE may, but is not obligated to, verify the accuracy of the information our members provide when they register on the Website. However, we cannot confirm each member’s purported identity or qualifications. We strongly encourage members to use the user-initiated feedback system on the Website to evaluate the members with whom you interact, and to research ratings prior to entering into a Transaction with another member. C. NO ENDORSEMENT POWDER MOUNTAIN RIDESHARE does not sponsor or in any way control the individuals and businesses that are POWDER MOUNTAIN RIDESHARE members. Therefore, membership in POWDER MOUNTAIN RIDESHARE or use of the Services by such individuals or licensors should not in any way be construed as an endorsement by POWDER MOUNTAIN RIDESHARE, its licensors or partners (including partners, sponsors and other participants in POWDER MOUNTAIN RIDESHARE ís “eco-rideshare” program and any other program developed or implemented by POWDER MOUNTAIN RIDESHARE or otherwise through the Website for the purposes of attracting potential users of the Services), or their respective employees, officers, directors, or agents (collectively, the “Released Parties”). If you are dissatisfied with the results of a Transaction entered into through the Website, your sole recourse is to submit a negative rating, stop using the Website and Services and cancel your membership, and/or contact the other party to the Transaction. 9. RELEASE AND INDEMNITY; LIMITATION OF LIABILITY; NO WARRANTY By using this Website, becoming a POWDER MOUNTAIN RIDESHARE member, or using any Services on this Website, you agree to release the Released Parties from any and all liability, claims, demands, losses, costs, damages (actual and consequential) or actions of any kind and nature (collectively, “Liability”), known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable attorney’s fees suffered by you, your executors or heirs, any third party, or their respective successors or assigns, and agree to defend, indemnify and hold harmless the Released Parties from any Liability suffered by the Released Parties with respect to or resulting from (i) your use of, or your acts or omissions related to, the Website or Services, (ii) your breach of this Agreement (including all documents incorporated by reference); or (iii) your violation of any law or the rights of a third party. Without limiting the generality of the foregoing, the Released Parties will not be liable or responsible for: (i) the actions or inactions, acts or omissions, of any other POWDER MOUNTAIN RIDESHARE member or other third party; (ii) any dispute that may arise between you and any other POWDER MOUNTAIN RIDESHARE member or any third party; (iii) any damage to goods or bodily harm that may arise from or in connection with your use of the Services or your interaction with any other POWDER MOUNTAIN RIDESHARE member or any third party; (iv) any misrepresentation, inaccurate, harmful, offensive or deceptive content posted on the Website, or any such conduct perpetrated, by any other POWDER MOUNTAIN RIDESHARE member or any third party; or (v) any deficiency in the quality, safety, security, reliability or timeliness of the goods or actions of any other POWDER MOUNTAIN RIDESHARE member or other third party. YOUR DECISION TO ACCEPT A RIDE OR CARRY GOODS OR PERSONS, IS AT YOUR SOLE RISK. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE RELEASED PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR AGGRAVATED DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR EXCHANGES OF PROPERTY, WITH OTHER POWDER MOUNTAIN RIDESHARE MEMBERS OR TRANSPORTATION OF PASSENGERS OR GOODS. THE LIABILITY OF THE RELEASED PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF COMMISSION YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $150. THE RELEASED PARTIES PROVIDE THE WEBSITE AND SERVICES ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE RELEASED PARTIES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE. Some jurisdictions do not allow exclusion or limitation of certain damages, or certain limitations on implied warranties. ACCORDINGLY, the exclusions and/or limitations above may not apply to you. Each Released Party which is not a party to this Agreement is hereby constituted a third party beneficiary of the provisions of this Section 9. 10. TERM OF MEMBERSHIP Your POWDER MOUNTAIN RIDESHARE membership will commence upon Our acceptance of your registration and will continue until one of the following occurs: (1) you provide notice to POWDER MOUNTAIN RIDESHARE of your intent to terminate this Agreement, (2) you breach any of the terms of this Agreement, including but not limited to using the Services in any fraudulent, misleading, material or harmful manner; or (3) POWDER MOUNTAIN RIDESHARE elects to terminate this Agreement, with or without cause and for any reason at its sole discretion, by notice to you. In the event that your membership and/or this Agreement is terminated for any of the reasons stated above, you agree to discontinue any further use of the Services and the Website and your POWDER MOUNTAIN RIDESHARE Account will be void. Any provision of this Agreement that imposes or contemplates continuing obligations on or of a party will survive any expiration or termination of this Agreement. 11 NOTICES Except as explicitly stated otherwise or as required by law, you will provide any notices to POWDER MOUNTAIN RIDESHARE by contacting us in writing at the following address: Powder Mountain Resort Management LLC POWDER MOUNTAIN RIDESHARE will provide any notices to you by email to the email address you provide upon registration, and will be deemed given upon transmission. 12 GENERAL PROVISIONS This Agreement does not, is not intended to and will not be construed as creating any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and POWDER MOUNTAIN RIDESHARE. You may not transfer your rights under this Agreement. The waiver of any breach or default under this Agreement will not constitute a waiver of any subsequent breach or default. This Agreement is deemed to be concluded in, and will be governed by and interpreted in accordance with the laws of, Barbados, without regard to principles of conflicts of law. You agree that any action to enforce this Agreement may be brought in Barbados. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of this Agreement and waive any objections and defenses inconsistent with such venue. This Agreement, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and POWDER MOUNTAIN RIDESHARE with respect to the subject matter hereof. Headings and captions of the sections are for reference purposes only. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Last Updated: Feb 11, 2009.
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