Mountain

All purchases are final and non-transferable; passes may not be given or loaned to other individuals or parties, no exceptions. Passholders found to be in violation of this policy may have their pass privileges temporarily revoked and charged a penalty fee, or permanently revoked. No refunds, credits or substitutions of any kind will be issued if you fail to use or take possession of your season pass or for any other reason. Season Passes must be secured in a pocket or sleeve on the left side of your person while skiing or snowboarding.

1. Skiers/ snowboarders and ski lift passengers are governed by the New York State SAFETY IN SKIING CODE, Article 18 of the New York General Obligations Law.

2. BEFORE AFFIXING YOUR PASS/TICKET or allowing any pass/ticket to be affixed to your person, your attention is directed to a posted “WARNING TO SKIERS” which has been displayed where your pass/ticket was purchased.

3. The Safety in Skiing Code requires you to seek out, read, and understand the “WARNING TO SKIERS” before you decide to participate in the Activity of skiing/ snowboarding. “WARNING TO SKIERS” Downhill skiing/ snowboarding, like many other sports, contains inherent risks including, but not limited to the risk of personal injury, including catastrophic injury, or death, or property damage, which may be caused by variations in terrain or weather conditions; or surface or subsurface snow, ice, bare spots or areas of thin cover, moguls, ruts, bumps; or other persons using the facilities; or rocks, forest growth, debris, branches, trees, roots, stumps; or, other natural objects or manmade objects that are incidental to the provisions or maintenance of a ski/ snowboard facility in New York State. New York law imposes a duty on you to become apprised of, and understand, the risks inherent in the sport of skiing/ snowboarding, which are set forth above, so that you may make an informed decision of whether to participate in skiing/ snowboarding notwithstanding the risks. New York law also imposes additional duties upon you, to which you must adhere, for the purpose of avoiding injury caused by any of the risks inherent in skiing/snowboarding. If you are not willing to assume all of these risks and abide by all of these duties, you must not participate in skiing/snowboarding at this area. Management is not responsible for lost passes/cards/tickets and passes/cards/ tickets may be revoked without a refund, at any time, by the management for misconduct or nuisance caused by the holder.

Uphill Policy at Windham Mountain Club

• Uphill travel using skis, splitboard, or snowshoes is permitted during regular open hours with a current lift or uphill travel ticket or season pass. The designated routes will be:
  • What’s Next > Wanderer (on the East Peak)
  • What’s Next > Way to Go > Wraparound
  • Wonderama > Wipeout > Wide Connection
  • Until those trails are open, the route will be up Whistler.
• Uphill travel is also allowed during daylight hours when the mountain is not open with an uphill travel ticket or season pass. Prior to ascending during closed hours, travelers must check the “Mountain Report” posted on windhammountain.com for changes that may occur on the designated routes due to maintenance, snowmaking or other events.
• There may be times Up-Hill travel will be closed to all travelers.
• When traveling uphill, travelers must stay to the sides of trails and stay visible from above at all times. Always be aware of the following but not limited to downhill traffic, snowmobiles, grooming vehicles, other utility vehicles, winch cat cables, snow guns running and non-running and other natural and manmade obstacles. When ascending open trails always be aware of downhill traffic. Trail markings and closures may not have been put in place at this time or may only be visible to downhill traffic.
• It is recommended that travelers take a cell phone with them and let someone know where they are intending to go. Trails are not patrolled when the mountain is closed.
• Sledding of any kind is not permitted.
• Dogs must always be on a leash.

Cancellation and Rescheduling Policy 24-25

Guests can cancel their winter product reservations (lift tickets, lessons, rentals, and snow tubing) up to 14 days before their arrival for a full refund to their original form of payment by calling Windham Mountain Club Guest Services at 518-734-4300 x8008 or emailing [email protected].

Cancellations within 14 days of the winter product start date are non-refundable. Tickets unable to be used on the designated day of issuance at purchase may be used on another day during the 24/25 winter season; guests will be responsible for any difference in product price for rescheduled days and are subject to a $35 change fee.

Your two-day or three-day lift ticket corresponds with the specific dates you selected and must be used on the selected start date. Guests wishing to reschedule all days of a multi-day lift ticket may do so, subject to availability and cancellation/change policy by contacting Windham Mountain Club Guest Services at 518-734-4300 x8008 or emailing [email protected]. Guests who choose not to use all days of their lift product forfeit the unused day(s) and will not receive a refund. Cancellations or returns for “day two” or “day three” of multi-day lift tickets are not permitted.

Rescheduling of day tickets must take place before the close of business the day prior to the original purchased day. No “day-of” rescheduling may occur, so plan ahead. Ticket availability is subject to capacity restrictions. If rescheduling is not completed in the proper timeframe, tickets will be considered expired. Expired tickets hold no value and will not be honored. All lift tickets expire at the end of the 24/25 winter season.

In the case of lightning or thunder, all chairlifts must be unloaded. There must be an unbroken 20-minute window with no lightning or thunder before normal operations can resume. Time is kept by light operators.

We know that family members aren’t always human, so we appreciate observation of the following rules.

• Pets must be on a leash, in a carrier, or held, and under control at all times.
• Any messes created by your pet need to be cleaned up by the pet owner.
• Pets are not allowed on chairlifts or inside facilities.
• Pets are not allowed any place where skiing, snowboarding, or mountain biking occurs.
• Service animals are welcome at any time. Service animals must be under control and on a leash/harness.
• Windham Mountain reserves the right to ask that a pet be removed from the premises for reasons including but not limited to if that pet is loud, aggressive, ungroomed, or unvaccinated.
• During certain special events, pets may not be permitted.

Out of safety concerns for guests, employees, and resort property, as well as concerns for individual privacy, Windham Mountain prohibits the operation or use of unmanned aerial system drones, by the general public- including recreational users and hobbyists-without the prior written authorization from the Resort. This prohibition includes drones used for filming or videotaping, as well as any drone use by media or journalists operating above or within Windham Mountain boundaries. This prohibition on drone operations or use extends to any drones launched or operated from Resort property, as well as drones launched from private property outside of the Resort boundaries. Please contact a mountain representative if you have any questions or if you seek prior authorization to operate any aerial drones. Any authorized operation of aerial drones may be governed by Federal Aviation Administration (FAA) rules and regulations, local law enforcement [and/or U.S. Forest Service rules], as well as those policies separately established by this Resort, which may include certification, training, insurance coverage, indemnification requirements, and waivers or releases of liability. Any violation of this policy may involve suspension of your skiing or snowboarding privileges, or the revocation of your season pass, as well as confiscation of any drone equipment, and may subject violators to any damages, including, but not limited to, damages for violations of privacy and/or physical or personal injuries or property damage, as well as regulatory fines and legal fees.

Last updated: August 20th, 2019.

At Windham Mountain Partners, LLC (referred to as “Windham”, “us” “our” or “we”), we recognize the importance of your privacy and are strongly committed to protecting the privacy of the users of our website, https://www.windhammountain.com (the “Website”) and the services available through the Website (“Services”). This privacy policy (“Policy”) describes the types of information we may collect from you or that you may provide to us when you visit our Website or use our Services. It also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.

By using the Website and/or Services, you agree to the terms and conditions of this Policy. If you do not agree with any of this Policy or do not wish to be bound by the Policy, your only option is to not use or access this Website.

This Policy may change from time to time. We reserve the right, at our discretion to change, modify, add or remove portions of this Policy at any time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

We may offer you the ability to connect with the Website using a mobile device via a mobile optimized website. The provisions of this Policy apply to all such mobile access and use of mobile devices. This Policy will be referenced by all such mobile applications or mobile optimized websites.

COLLECTION OF INFORMATION

We collect several types of information from and about users of our Website, including information:

• by which you may be personally identified, such as your name, state of residence, e-mail address, telephone number, credit card information, email address, or any other information the Website collects that is defined by applicable law as personally identifiable information (collectively, “personal information”);
• that is about you but individually does not identify you, such as your IP address, metadata or physical location; and/or
• about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

• Directly from you when you provide it to us either through filling in forms on our Website, communicating with us via email communications, speaking with our representatives over the telephone, or by using our Services. We may also ask you for information when you report a problem with our Website or the Service.
• Directly from you when you speak with our customer service representative including when you provide personal information for verification purposes, for using the Services.
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

INFORMATION ABOUT ALL OUR VISITORS

We collect certain information from and about our visitors and customers in three ways – directly from the user, from our web server logs, and through the use of tracking technologies (e.g., cookies).

Information provided by you

We may collect information as follows: (i) when you provide information on our Website to make a reservation; (ii) when you register to receive communications from this Website; (iii) when you seek information about Windham Mountain Resort; (iv) when you provide personal information to us through forms provided on this Website (this includes information provided at the time of subscribing to email communications, or requesting further services or information); (v) when reporting a problem about the Website or Services; (vi) records and copies of your correspondence (including personal information), if you contact us; (vii) your responses to representative questions when you contact us; and/or (viii) based upon your search queries on the Website.

Server Log Information

When you visit an Internet site, you disclose certain information about yourself, such as your Internet Protocol (IP) address, browser type, the time of your visit, and the referring location (e.g., the website page that offered a link to our Website). Other information disclosed includes clickstream data, which includes a record of the clicked selections you make while visiting this Website. Like many other sites, we record this basic information about visits to this Website.

Cookies

We may use technology like “web beacons” and “cookies” to recognize you and your access privileges on our Website, as well as to trace website usage. A cookie is a piece of information that is sent to your web browser from a website and stored on your computer’s hard drive. A web beacon is a small electronic file that is embedded in a web page or email, which unobtrusively allows checking that a user has accessed the content. Each time you return to our Website, we are able to identify you as a previous user. Web beacons and cookies also enable us to measure our Website traffic, including the number of repeat versus new visitors, the time user spend online, and their navigation behavior. Collecting this information allows us to make changes that improve our Website. Please note that none of the information stored on the cookie is personally identifiable.

USE OF INFORMATION

We use information collected about you, whether supplied directly by you or obtained through the use of tracking technologies as described herein, in any of the following ways:

1. Present the Website to you and allow you to use the Services including providing you with information or services you request from us.
2. Help administer and protect the security of the Website and Services.
3. Develop, improve or enhance features of our Website and Services.
4. Contact you regarding customer service and administrative issues.
5. Improve customer service and user experience.
6. Display and/or use aggregate information for advertising and marketing purposes.
7. Make telephone calls and send email communications to you with information and offers.
8. Track online behavior for behavioral advertising and other marketing purposes including compile anonymous statistical information and analysis.
9. Notify you about changes to our Website or any Services we offer or provide though it.
10. Send periodic e-mails (if at any time you would like to unsubscribe from receiving future e-mails, we include an option to unsubscribe at the bottom of each e-mail).
11. In any other way we may describe when you provide the information.
12. For any other purpose with your consent.

ACCESS TO THE INFORMATION

We may disclose personal information that we collect or you provide as described in this Policy:

1. To our affiliates.
2. To contractors, service providers, business partners and other third parties we use to support our business and make the Website and/or Services available.
3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Windham’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Windham about our Website visitors and customers is among the assets transferred.
4. To fulfill the purpose for which you provide it.
5. To enforce or apply our Terms of Use, and other agreements, including for billing and collection purposes.

We may also disclose information collected from you through this Website in order to: (i) comply with applicable laws; (ii) respond to government inquiries; and (iii) protect the rights or property of Windham or visitors to this Website.

We do not sell or share your personal information with other individuals or organizations. This information is kept completely confidential from outside groups.

SECURITY

Your security is our primary concern. We implement a variety of security measures in an effort to maintain the safety of your personal information. We use Secure Sockets Layer (SSL) technology, which enables encryption of sensitive and personal information. All of our forms are secured with SSL technology, ensuring that your personal information stays safe.

Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

LINKS TO THIRD PARTY WEBSITES

Our Website may contain links to third party websites. These links are provided only for your convenience and you are free to use them, but you do so at your own risk. We do not control these third parties’ or their websites. The third parties who operate such websites may use tracking technologies. Please read the privacy policies of these third party websites carefully before browsing or providing any information on such websites. We are not responsible for your activities or any collection or tracking of your information on such sites.

OPTING-OUT FROM EMAIL COMMUNICATIONS

After you register for our mailing list or use our Services, we may periodically send you newsletters and other e-mails featuring special offers, upcoming events, promotions and other benefits. If you no longer wish to receive these communications, please let us know by clicking on the “unsubscribe” link in our e-mails, or if you have questions or wish to receive more information about Windham Mountain, please let us know by contacting us via one of the methods provided on our contact page. Our e-mail database is continually updated. However, you may continue to receive e-mail communications from us for no more than ten business days from the time we receive your unsubscribe request. Please note that we can only control our own mailing list and policies. Third party advertisers that maintain their own mailing lists may send communications that advertise our products or services; and you may need to contact those parties directly in order to stop receiving their e-mail communications.

Certain administrative communications, including e-mails and telephone calls, are necessary in order to deliver our services. If you agree to use our Services, you agree to receive these administrative communications.

CALIFORNIA DO NOT TRACK DISCLOSURES

We may track our users’ activities over time and across third party websites to provide targeted advertising. However, we do not respond to Do Not Track (“DNT”) signals at this time. In addition, some third party sites also keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Please review the privacy policies posted to all third party websites to confirm if such websites respond to browser DNT settings.

CALIFORNIA PRIVACY RIGHTS

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.

Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.

If you are a California resident and would like to make such a request, e-mail us or contact us at:

Windham Mountain Partners, LLC
Address: Po Box 459, Windham NY 12496
Telephone: 518-734-4300
Email: [email protected]

PRIVACY CONTACT

Questions regarding this Policy should be directed to Windham by emailing [email protected]

We are a smoke-free resort.

Being a family-friendly resort means we look out for every guest. We endeavor to accommodate smokers by designating a section of the base area for smoking. Please ask a Mountain Host or Guest Services for guidance the next time you’re here and want to light up.

Sledding is not permitted anywhere on Windham Mountain Club property. Thank you for your cooperation.

Windham Mountain Club is a cashless resort. 

Terms of Use

Last Updated: August 20th, 2019.

These Terms of Use (“Terms”) are entered into between you and Windham Mountain Partners, LLC (referred to as “Windham”, “us” “our” or “we”) and represent a legal agreement between you and Windham. By accessing the website www. www.windhammountain.com (“Website”), you are agreeing to abide by the following Terms, which govern all use of this Website and the services available through Website (“Services”). Please take a few minutes to read this agreement before accessing or using the Website. These Terms, together with any documents they expressly incorporate by reference, including the Privacy Policy (available here), govern your access to and use of the Website and Services. If you do not agree with any of these Terms or do not wish to be bound by these Terms, your only option is to not use or access this Website.

We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms control the relationship between Windham and you. They do not create any third party beneficiary rights. Windham also reserves the right to suspend and/or deny access to the Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

Age

This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Windham. If you do not meet this requirement, you must not access or use the Website. If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Website at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence.

Use of Services

In order to access or use some Services, you may be required to provide current and accurate information including your name, phone number, email address, physical address, credit card number and such other information. You are solely responsible for any information you provide to us. You represent and warrant that your personal information is true, legal, accurate, non-fraudulent and solely yours. You may not impersonate, imitate or pretend to be somebody else when providing any information on the Website.

You authorize Windham to use the information you supply to us in connection with the Services and in accordance with these Terms. We may use and share the information you provide as described in our Privacy Policy.

Third Party Services

If the Website provides with you with an opportunity to engage with third party services, provides you with information pertaining to third party services or provide you with links to third party websites and services (“Third Party Services”), these Third Party Services are provided for your convenience only. Windham does not have any control over these Third Party Services, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

These Terms do not apply to any Third Party Services and does not govern the practices of such Third Party Services. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party Services. If you decide to access any of the Third Party Services linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Services.

Proprietary Rights

If you are eligible to use the Website and the Services, Windham grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Website solely under the terms and conditions provided hereunder.

Windham and/or its licensors own the Website and Services, including all software and other technology provided or employed by Windham in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. It is clarified that “Windham”, “Windham Mountain Resort” and all related names, logos, product and service names, designs, and slogans used on the Website are trademarks of Windham or its affiliates or licensors. Windham does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Website, as set forth herein and subject to these Terms.

The Website may contain also contain intellectual property of third parties, including service marks and trademarks. Your use of this Website or the Services does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

All rights not expressly granted herein are reserved by Windham. Your use of this Website does not grant you ownership rights of any kind in the Website.

Confidentiality

As a result of your use of the Services and the Website, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business (“Our Information“). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.

User Conduct

In using the Website and Services, you agree (i) not to send to Windham or upload onto or through the Website any information unless you have consent to do so; and (ii) that you will not:

(a) violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, “Laws“) as a result of your use of the Website;
(b) make any information available to Windham if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
(c) transmit any information, data, images, or other materials or post any content on the Website that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
(d) provide any false personal information to Windham or on the Website;
(e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) violate or attempt to violate the security of any of the Services, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Website or any network used by the Website or to breach security, encryption or other authentication measures or attempting to do any of the foregoing; or interfering with the Website by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
(g) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Website;
(h) “scrape,” copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Website (“Windham Information”) from the Website, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through use of the search engine and search agents available from Windham on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
(i) harvest or collect Windham Information, email addresses or other contact information of other users from the Website or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

Additional Restrictions/Obligations

(a) You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any Windham Information.
(b) You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Windham Information.
(c) You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Website; and (ii) maintain and update this information to keep it true, accurate, current, and complete.
(d) You shall abide by all copyright notices or restrictions contained in any content accessed through the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Release of liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WINDHAM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINDHAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WINDHAM DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINDHAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WINDHAM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. WINDHAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Windham and it’s subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by Windham in any action or proceeding between Windham and an affiliate or between any third party and Windham or otherwise) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or the Services, including but not limited to your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Change in Control

In the event of a change of control of Windham or the sale of substantially all of Windham’s assets or other corporate event, all rights of Windham hereunder shall be transferable without notice to you.

Contact

If you have any questions about these Terms, you may contact us at [email protected]

Accessibility

Windham Mountain Resort is committed to providing an accessible website. If you have difficulty accessing content, have difficulty viewing a file on the website, or notice any accessibility problems, please call 800-754-9463 to specify the nature of the accessibility issue and any assistive technology you use. WMR will strive to provide the content you need in the format you require.

WMR welcomes your suggestions and comments about improving ongoing efforts to increase the accessibility of this website.