The following terms and conditions (the Terms) govern all use of the www.affinityrentals.com website (the Site) and the products and services available at the Site (the Service). The Service is owned and operated by Whistler Winter Sports Ltd. (the Company). The Service is offered subject to your (the User) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by the Company. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE. The Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions at any time. It is User's responsibility to check these terms periodically for changes. User's continued use of the Service following the posting of any changes to these Terms and Conditions of Use constitutes acceptance of those changes.
1. Intended Meanings for Certain Words
In these Terms, the following words have the meanings set out as follows:
"Content" means any software, data, information, pictures, graphics and other materials published or made available on the website, including Third Party Content and any user generated material.
"Reviews" means an online forum where information can be viewed and shared by Members through facilities available on the Website.
"Goods and Services" means any goods and services that are offered by Affinity Sports or Resort Partners and which may be reserved online through "the Company" website.
"Resort Partner" means any participating resort that has agreed to make Goods or Services available to a renter through "the Company" website.
"Renter" an individual who uses the Site to reserve ski or snowboard equipment rentals at any participating resort partner.
"user" means any user of the Website.
"we", "us", "our" and "company" “Affinity Sports” are a reference to Whistler Winter Sports Ltd.
"you" and "your" are a reference to you.
2. The Service
The Company provides an online rental reservation service. This service consists of us offering goods and/or services on the site. The Company completes the online reservation, co-ordinates the collection of money and issues confirmation to the the Renter which can be redeemed at any of our locations. The Website is a tool through which we deliver that service.
Subject to the Terms and Conditions of Use, the services provided in connection with the Service are solely for The User's personal use. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and services or restrict The User's access to parts or all of the Services without notice or liability.
The User certifies to the Company that if the User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
3. Conduct of Users.
The User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, the Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
The User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. The Company reserves the right to bar any such activity.
The User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Company server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
The User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
The User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Company's systems or networks, or any systems or networks connected to the Service or to the Company.
The User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
The User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
The Company does provide full or partial refunds under certain circumstances. Refunds will be at the discretion of the website owner or directly in store at the discretion of the store manager. If the user of www.affinityrentals.com website is unhappy with the process, the user must cancel the reservation via phone or email to firstname.lastname@example.org. If Affinity Sports is unable to redeem the rental transaction then www.affinityrentals.com will provide a full refund. Affinity Rentals is obligated to honor the equipment reservation in compliance with law.
User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by the Company at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by the Company in writing, the User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, the User may print or download a reasonable number of copies of the materials or content at this Site for User's own informational purposes; provided, that the User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of the Company.
You agree to indemnify and hold harmless Whistler Winter Sports Ltd. (www.affinityrentals.com), its umbrella companies, officers, directors, employees and agents from any and all claims, damages, obligations, losses, liabilities, expenses costs or debt arising from your use of the site, violation of terms and conditions of use, your violation of any third party right or any claim by you that content submitted has caused damage to any third party. This defense and indemnification obligation will survive these terms of service and use and your use of www.affinityrentals.com.
7. Warranty Disclaimer.
THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND EQUIPMENT RENTAL TRANSACTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WHISTLER WINTER SPORTS LTD. AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO: (A) THE SITE; (B) THE SERVICE; (C) THE OFFERS OR RENTAL EQUIPMENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE; (D) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY; (E) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SITE; OR (F) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. WHISTLER WINTER SPORTS LTD. DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT THE USERS ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WHISTLER WINTER SPORTS LTD. SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SITE OR THE SERVICE, THE USER ACTS AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE SERVICES, OR THE RENTAL EQUIPMENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. FURTHER, WHISTLER WINTER SPORTS LTD. AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.
8. Limitation of liability.
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS AND CONITIONS OF USE, THE COMPANY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH THE USERS USE OF THE SITE OR SERVICE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL WHISTLER WINTER SPORTS LTD., ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (THE "AFFINITY SPORTS ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE OR THE SERVICE OR ANY OFFER; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, WHISTLER WINTER SPORTS LTD. LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO WHISTLER WINTER SPORTS LTD. IN CONJUNCTION WITH THE OFFER UNDER WHICH SUCH CLAIM FIRST AROSE.
WHISTLER WINTER SPORTS LTD. ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
THE USERS ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICES.
YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PARADISE DEALS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR THE SERVICE.
9. Third party website and products.
The Site may permit the User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under the Company's control, and the User acknowledges that the Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by the Company. The User further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
The Company may terminate the User's access to all or any part of the Service at any time, with or without cause, effective upon notice (which may be via email) thereof to the User. Upon termination notice from the Company, the User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
11. Export and trade controls.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all Canadian, U.S., foreign and other applicable laws and regulations.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian, US and International copyright laws. The compilation of all content on the Site is the exclusive property of the Company and protected by Canadian, US and International copyright laws. All software used on (or provided through) the Site is the property of the Company or its software suppliers and protected by Canadian, US and International copyright laws.
15. Restricted access
Access to certain areas of this website is restricted. Affinity Sports reserves the right to restrict access to but not limited to administration, code and blog areas of this website, or indeed this entire website, at the owners discretion.
If Affinity Sports provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Affinity Sports may disable your user ID and password at the sole discretion of the owner without notice or explanation.