Thanks for visiting Snofolio! These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, the “Services”) provided by Snofolio, Inc. ( “Snofolio,” “we” or “us”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17, do not access or use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.

1. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

2. Eligibility

You must be at least 13 years of age to access or use our Services. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are registering for our Services as an instructor, you must be registered and certified with the Professional Ski Instructors of America – American Association of Snowboard Instructors (“PSIA-AASI”) or with the Canadian Ski Instructors’ Alliance (“CSIA”). If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

3. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account (for example, by not using the same password on other services) and promptly notify Snofolio if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.

4. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from such user and Snofolio;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Reverse-engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Services;
  • Attempt to circumvent any content-filtering techniques that we employ or attempt to access any feature or area of the Services that you are not authorized to access;
  • Develop any third party applications that interact with User Content or the Services without our prior written consent;
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of site pages or functionality;
  • Attempt to probe, scan, or test the vulnerability of any Snofolio system or network or breach any security or authentication measures;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false sourceidentifying information; or
  • Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

5. User Content

Our Services may allow you to create, post, store and share content, including performance statistics, location information, mountain/terrain data, information about equipment used, and other messages, text, photos, videos, music and other materials (collectively, “User Content”).

In the event you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services. Except for the license you grant below, you retain any rights in and to your User Content.

By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • User Content that impersonates, or misrepresents your affiliation with, any person or entity;
  • User Content that references or depicts Snofolio or our Services but fails to disclose a material connection to us, if you have one (for example, if you are a Snofolio employee);
  • User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • User Content that contains any private or personal information of a third party without such third party’s consent;
  • User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • User Content that, in our sole judgment, is objectionable, that restricts or inhibits any other person from using or enjoying the Services, or that may expose Snofolio or others to any harm or liability of any type.

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content that you post or store on the Services at your sole cost and expense. We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content that you post or store on the Services at your sole cost and expense.

6. Rights in User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services, you hereby grant Snofolio a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content and any name, username or likeness provided in connection your User Content in all media formats and channels now known or later developed without compensation to you for any and all purposes, including but not limited to, operating, improving, and providing our Services and for our own marketing and promotional use.

By uploading, posting or submitting User Content to Snofolio through the Services, you represent and warrant that (a) such User Content is not subject to any confidentiality requirements, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Snofolio to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

7. Rights in User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services, you hereby grant Snofolio a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content and any name, username or likeness provided in connection your User Content in all media formats and channels now known or later developed without compensation to you for any and all purposes, including but not limited to, operating, improving, and providing our Services and for our own marketing and promotional use.

By uploading, posting or submitting User Content to Snofolio through the Services, you represent and warrant that (a) such User Content is not subject to any confidentiality requirements, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Snofolio to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

8. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Snofolio or our Services (collectively, “Feedback”), is non-confidential and will become the sole property of Snofolio. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Export Compliance

All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that: (a) you are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.

10. Transfer and Processing of Data

By accessing or using the Services, you consent to the processing and transfer of information relating to you in and to the United States and other countries, which may have less adequate data protection laws than those found in your country of residency.

11. Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Snofolio Content”) are owned by or licensed to Snofolio and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Snofolio and our licensors reserve all rights in and to the Services and the Snofolio Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services and Snofolio Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Services or Snofolio Content; (b) copy, reproduce, distribute, publicly perform or publicly display Snofolio Content, except as expressly permitted by us or our licensors; (c) modify the Snofolio Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Services or Snofolio Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Services or Snofolio Content other than for their intended purposes. Any use of the Services or Snofolio Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

12. Copyright Complaints

If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify Snofolio’s Designated Agent as follows:

Designated Agent: Mark Cook

Address: 2825 E Cottonwood Pkwy, Suite 500

Salt Lake City UT 84121

Telephone Number: (801) 990-3309

E-Mail Address: info@snofolio.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may to liable to Snofolio for certain costs and damages.

13. Termination

We may suspend or terminate your ability to access and use all or part of our Services at any time and for any reason (or no reason) without notifying you first. Snofolio has the right to discontinue all or part of the Services at any time for any reason. We are not responsible for any harm related to your inability to access or use our Services.

14. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Snofolio and each of our respective past, present and future officers, directors, agents, partners, contractors, consultants, employees, equity holders, suppliers, service providers, parent companies, subsidiaries, affiliates, representatives, predecessors, successors and assigns (individually and collectively, the “Snofolio Parties”) from and against any loss, liability, claim of any kind (whether in tort, contract or otherwise), demand, damages (to property, personal injury or otherwise), expenses or costs (including attorney’s fees), arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your online or offline conduct in connection with our Services.

This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Snofolio or the other Snofolio Parties. You agree to promptly notify Snofolio if you become aware of any third-party claim against Snofolio or the Snofolio Parties. You agree to cooperate with Snofolio and the Snofolio Parties in defending all claims. You further agree that Snofolio and the Snofolio Parties shall have control of the defense or settlement of any third-party claims.

15. Warranty Disclaimers

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Snofolio does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Snofolio attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Snofolio and the other Snofolio Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, loss of revenue, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption arising out of your use of our Services, even if Snofolio or the other Snofolio Parties have been advised of the possibility of such damages.

The total liability of Snofolio and the other Snofolio Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Snofolio or the other Snofolio Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

17. Release

To the fullest extent permitted by applicable law, you release Snofolio and the other Snofolio Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

18. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Snofolio and limits the manner in which you can seek relief from us.

Except for any disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Snofolio waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Ada County, Idaho before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Snofolio agree that any dispute arising out of or related to these Terms or our Services is personal to you and Snofolio and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Snofolio agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Snofolio agree that for any arbitration you initiate, you will pay the filing fee and Snofolio will pay the remaining JAMS fees and costs. For any arbitration initiated by Snofolio, Snofolio will pay all JAMS fees and costs. You and Snofolio agree that the state or federal courts of the State of Idaho and the United States sitting in Ada County, Idaho have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Snofolio will not have the right to assert the claim.

19. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Idaho, without regard to conflict of law rules or principles (whether of Idaho or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Idaho and the United States, respectively, sitting in Ada County, Idaho.

20. Changes to these Terms

We may make changes to these Terms from time to time. If we do make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We will also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

21. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22. Miscellaneous

These Terms constitute the entire agreement between you and Snofolio relating to your access to and use of our Services. The failure of Snofolio to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.