Website and Mobile Application Terms And Conditions of Use - Effective December 2022

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TERMS AND CONDITIONS OF USE

Welcome to our Sleeping Giant website, www.skisg.com (“Website”), and mobile application (“App”). The Website andApp are maintained as a service to our customers. By using our Website and App, you agree to comply with and be bound by the following terms and conditions of use. If you do not agree to these terms and conditions, you should not use the Website or the App.

BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.  THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.SKISG.COM. THE OWNER OF THE COMPANY, WEBSITE, AND APP RESERVES HE RIGHT TO CHANGE THESE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

1. Agreement. This Terms of Use agreement (“Agreement") specifies the Terms and Conditions for access to and use of the Website and App and describes the terms and conditions applicable to your access of and use of the Website and App. This Agreement may be modified at any time by the owner (defined in paragraph 3 below) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.skisg.com. Each visit to and use of the Website and/or the App by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to and use of our Website and our App are also governed by our Privacy Policy. Please review our Privacy Policy at www.skisg.com.  Additional terms and conditions applicable to the App may be found within the App itself or by contacting us pursuant to paragraph 19 below.

3. Ownership. All content included on this Website and App are and shall continue to be the property of Community Mountain, LLC d/b/a Sleeping Giant Ski Area & Zipline or its content suppliers and is protected under applicable proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Website and App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website and App.

4. Intended Audience. The Website and App are intended for adults only. The Website and App are not intended for any children under the age of 13.

5. Third Party Providers. Sleeping Giant uses the platforms and programs of third parties in connection with certain services on the Website and the App.  As such, your use of these services on the Website and/or the App is also subject to any terms and conditions and privacy policies of the following companies: 

(a) For the reservation and purchase of lift tickets, lessons, and/or tubing passes:  Fareharbor B.V., www.fareharbor.com;

(b) For the pre-order and purchase of food and beverage items, and the reservation and purchase of equipment rentals: Square (www.squareup.com);

(c) For criminal background checks of driver applicants on the Giant Ride portion of the App: Searchbug, Inc. (www.searchbug.com);

(d) For marketing and communication for email lists and mass communication: The Rocket Science Group (mailchimp.com);

(e) For website and App statistics and visitor analytics: Google LLC (www.google.com).

6. Website and App Use. Sleeping Giant grants you a limited, revocable, nonexclusive license to use the Website and App solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website or App, reverse engineer or break into the Website or App, or use materials, products or services in violation of any law. The use of the Website and/or the App is at the discretion of Sleeping Giant, and Sleeping Giant may terminate your use of the Website and/or App at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website and App. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Sleeping Giant and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website or App.

9. Disclaimer. THE INFORMATION ON THE WEBSITE AND ON THE APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE AND APP IS AT YOUR SOLE RISK. SLEEPING GIANT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE AND/OR THE APP SHALL BE TO DISCONTINUE USING THE WEBSITE AND APP.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SLEEPING GIANT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE AND APP, YOUR WEBSITE AND APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, THE APP, AND/OR CONTENT IS TO CEASE ALL USE OF THE WEBSITE AND APP.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. Sleeping Giant reserves the right, and you authorize us, to use and assign all information regarding Website and App uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website or App;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Mueller Law, LLC who can be reached as follows:

By Mail: 85 Delancey St., No. SV8, New York, NY 10002
By Phone: +1.212.597.2294
By E-mail: kristen@muellerlaw.us

13. Applicable Law. You agree that the laws of the state of Wyoming, without regard to conflicts of laws provisions, will govern these Terms and Conditions of Use and any dispute that may arise between you and Sleeping Giant or its affiliates.

14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Waiver. The failure of Sleeping Giant to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Sleeping Giant must be in writing and signed by an authorized representative of Sleeping Giant.

16. Termination. Sleeping Giant may terminate this Agreement at any time, with or without notice, for any reason.

17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Website and App shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18. Entire Agreement. This Terms and Conditions of Use constitutes the entire agreement between you and Sleeping Giant and governs the terms and conditions of your use of the Website and App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sleeping Giant with respect to the Website and App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to: the Website and App Privacy Policy and the Giant Ride Use Agreement found on the App), guidelines, or rules that may apply when you use the Website or the App. Sleeping Giant may revise this Terms of Use at any time by updating this Agreement and posting it on the Website and/or App. Accordingly, you should visit the Website and App and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of the Website and App after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.

19. Contact Information. If you have any questions or concerns about the Terms and Conditions of Use or this Agreement, please write to us at 1108 14th Street, Suite 414, Cody, WY 82414, United States, call us at (307) 587-3125, or email us at gm@skisg.com.