Terms of Use
Your use of this site constitutes your acceptance of Hummingbird Lodge & Campground's Terms & Conditions of Use
Last Updated: June 12, 2023
General
Whitewater Ski Resort Ltd. has the right at any time to change or discontinue any aspect or feature of the site including without limitation the content hours of availability and equipment needed to access or use the site.Use
You shall use the site for lawful purposes only. The site contains material trademarks and other proprietary information including (without limitation) text, software, photos, video, graphics, music, and sound, and the contents of the site are the property of Whitewater Ski Resort Ltd. No copying redistribution retransmission publication or commercial exploitation of downloaded material will be permitted without the express written permission of Whitewater Ski Resort Ltd. In the event of any permitted copying, redistribution, or publication of material, no changes in or deletion of author attribution or trademark legend shall be made. You acknowledge that you do not acquire any ownership rights by downloading material. You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content in whole or in part.Unauthorized Use
You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others which is unlawful threatening abusive defamatory invasive of privacy or publicity rights vulgar obscene profane or otherwise objectionable which encourages conduct that would constitute a criminal offense gives rise to civil liability or otherwise violate any law. Without Whitewater Ski Resort's express prior approval you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation including without limitation the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Whitewater's Ski Resort's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. You shall not upload post or otherwise make available on the site any material protected by a copyrighted trademark or other proprietary rights without the express permission of the owner of the copyright trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights proprietary rights or any other harm resulting from any such submission. The foregoing provisions of Sections 2-3 are for the benefit of Whitewater Ski Resort Ltd. its subsidiary's affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.Disclaimer of Warrant
Every effort has been made to ensure the accuracy of information presented on skiwhitewater.com but the accuracy of this information cannot be guaranteed. It is advisable to check all information with the property before booking and/or taking your trip.- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WHITEWATER SKI RESORT LTD. ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES AGENTS THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
WHITEWATER SKI RESORT LTD. WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT INDIRECT INCIDENTAL SPECIAL PUNITIVE CONSEQUENTIAL OR SIMILAR DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF OR RESULTING FROM YOUR POSSESSION ACCESS OR USE OF THE SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN INCLUDING BUT NOT LIMITED TO LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE SITE OR AFFILIATED SITES ERRORS IN THE DATA AND DATA LOSS OR CORRUPTION REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE ERROR OMISSION INACCURACY INTERRUPTION DELETION DEFECT DELAY IN OPERATION OR TRANSMISSION COMPUTER VIRUS COMMUNICATION LINE FAILURE THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF THIS SITE WHETHER FOR BREACH OF CONTRACT TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY) NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WHITEWATER SKI RESORT IS NOT LIABLE FOR THE DEFAMATORY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.Indemnification
You agree to defend indemnify and hold harmless Whitewater Ski Resort Ltd. and its affiliates and their respective director's officers employees and agents from and against any and all claims actions demand damages costs liabilities losses and expenses (including reasonable attorneys' fees) arising out of your use of the site and any information services and/or goods provided via the site.Viruses
Whitewater Ski Resort Ltd. assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to use of or browsing in the site or your downloading of any materials data text images video or audio from the site.Changed Terms
Whitewater Ski Resort Ltd. has the right at any time to change or modify the terms and conditions applicable to use of the site or any part thereof or to impose new conditions including without limitation adding fees and charges for use. Such changes modifications additions or deletions shall be effective immediately upon notice thereof which may be given by any means including without limitation posting on the site or by electronic or conventional mail or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes modifications additions or deletions.Your Account
If you use the skiwhitewater.com site you are responsible for maintaining the confidentiality of your account and password as well as restricting access to your computer and you agree to accept responsibility for all activities that occur under your account and password.Refund Policy
Whitewater Ski Resort will refund a season pass according to our schedule and in the case where the refund option has been purchased in the event of: injury or illness of a pass holder preventing participation in the sport. Support documentation from a physician must accompany the request in writing a pass holders transfer by his / her employer necessitating a change of residence outside a reasonably accessible radius of the ski resort. The refund option must be purchased at the time of the season pass. Pass holders not arriving to or voluntarily leaving the area are not covered under this refund option. Other than the conditions covered by the refund option your season pass is not refundable or transferable. Merchandise purchased through skiwhitewater.com is not refundable or exchangeable. Whitewater Ski Resort is not responsible for merchandise damaged through shipping.Privacy Policy
Your use of the site constitutes your acceptance of Whitewater Ski Resort Ltd.'s Privacy Policy.Miscellaneous
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws.