Terms of Use

Services and Memberships

Powderline provides certain Services that are available free-of-charge, while access to other Services is only available through a paid membership (collectively, "Paid Memberships"). Certain Services (including functions, features, membership plans, and promotional offerings) vary by region and platform, meaning certain Services may be different or not be available to you depending on how you access the Services and where you are accessing the Services from.

Paid Membership: Auto-Renewal and Cancellation

Any Paid Membership(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the membership term originally selected, at the then-current non-promotional rate, unless you cancel your Paid Membership and opt-out of auto-renewal before the end of the membership term.

You may elect to buy a Powderline Annual Pass ("Annual Pass") and pay membership fees on an annual basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the annual period, as applicable, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the App. We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this App. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition.

If you signed up on Powderline.com, you may cancel your Paid Membership by visiting "Subscriptions" in your "Account" page. If you signed up through the Google Play or the Apple App store, you may cancel your Paid Membership by downgrading through the corresponding store. If you cancel a Paid Membership, you may use your membership through the end of your current billing cycle, at which time your membership will not renew, and you will be downgraded to a free account.

Except as otherwise explicitly set forth in these Terms, there are no refunds or credits for partially used Paid Membership periods. However, Powderline may grant refunds or credits on a case-by-case basis at our sole discretion. Powderline's grant of a refund or credit in one instance does not obligate Powderline to provide a refund or credit in the future, under any circumstances.

Free Trials and Promotions

Your membership may start with a free trial. The free trial period for any membership will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers and promotions, as specified. If you begin your Paid Membership with a free trial, we will begin billing your Payment Method for fees at the end of the free trial period unless you cancel your Paid Membership prior to the end of the free trial period. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Membership, please contact us at support@powderline.com.

If you were provided a discount when you initially signed up for a Paid Membership, that promotional price only applies to your initial membership term and your Paid Membership will automatically renew at the full membership price unless you cancel as set forth above.

Cooling-off Period (UK and EEA Customers Only)

If you are a customer based in the UK or EEA, you must reach out to us at support@powderline.com within 14 days of beginning your Paid Membership to exercise any rights of cancellation that you may be afforded under applicable law. For any refunds issued, we will not include the sum payable for the time you were receiving the Services before you reached out to communicate cancellation. Please note, if you signed up for a Paid Membership through the Apple App Store, Google Play or similar third party store, you will need to seek a refund from the third party store directly.

Powderline Stoke Eligibility

Primary account holders shall be responsible for making payments towards the Powderline Stoke subscription and will be able to invite up to five (5) additional members to join their Stoke on platforms Powderline is supported. Powderline reserves the right to determine eligibility for the members in its sole discretion.

Powderline Shred Eligibility

Primary account holders shall be responsible for making payments towards the Powderline Shred subscription and will be able to invite up to twenty (20) additional members to join their Shred on platforms Powderline is supported. Powderline reserves the right to determine eligibility for the members in its sole discretion.

Changes to the Services

Powderline and its third party service providers may make improvements and/or changes in the Services from time to time. For example: (a) the Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements, (b) we may modify, suspend, or discontinue (permanently or temporarily) providing any part of the Services (including particular functions, features, Paid Membership plans, and promotional offerings), (c) we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services for Paid Memberships and free users, and (d) we may replace the Services with a substantially similar service offering.

We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Powderline reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof, in our sole discretion, and without notice. You agree that Powderline shall not be liable to you or to any third party, nor have any obligation to provide a refund or credit to you, for any outage, modification, suspension or discontinuance of any part of the Services.

Third Party Services

The Services may contain links or connections to third party websites or services that are not owned or controlled by Powderline ("Third Party Services"). When you access Third Party Services, you accept that there are risks in doing so, and that Powderline is not responsible for such risks. Powderline has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of or opinions expressed in any Third Party Services or by any third party that you interact with through the Services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. We are not responsible for any liability arising from your use of any Third Party Service.

Use of Applications

You acknowledge and agree that the availability of our mobile applications and your ability to access the Services through such mobile applications is dependent on the third party stores from which you download the mobile application, e.g., the App Store from Apple or the Google Play store for Android (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from the applicable App Store. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our mobile applications, you may purchase ("In-App Purchase") certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple App Store service or the Google Play service and you are agreeing to their respective Terms and Conditions. Powderline is not a party to any In-App Purchase.

Account Creation and Access

To use some services available on the App, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the App's registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the App.

To access the Services, you may be required to sign up for an account ("Powderline Account"), and provide us with certain information or data, such as your contact information. When creating a Powderline Account, you may not use a name or email that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Powderline Account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such accounts for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You agree to create a Powderline Account for your own personal, non-commercial use and will not share your Powderline Account, credentials, or Paid Membership with others, unless otherwise allowed by your membership plan. You must protect the security of your Powderline Account, password and any other access tools or credentials. You're responsible for any activity associated with your Powderline Account.

Permitted Use and Restrictions

You will only access and use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, including without limitation for research, as part of any business, reselling of the Services, or other commercial use.

You represent, warrant, and agree that you will not:

• Infringe or violate the intellectual property rights or any other rights of anyone else (including Powderline)
• Violate any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by Powderline
• Engage in dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable conduct
• Jeopardize the security of your Powderline Account, such as password sharing or allowing someone else to log in to your Powderline Account
• Attempt to obtain the password, account, or other security information from any other user
• Violate the security of any computer network, or crack any passwords or security encryption codes
• Run Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services
• Use any robot, spider, scraper or other automated means to access the Services or portion thereof
• Use any manual, automated or programmatic method to crawl or extract data, Outputs, or portion of the Services or Content or to circumvent limits on Services, including scraping, web harvesting, or web data extraction
• Use any data mining, data gathering or extraction method
• Allow unauthorized API access
• Copy or store any significant portion of the Content
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services

We may terminate or restrict your use of the Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services and, if you have a Paid Membership, you will not be entitled to any refund or credit.

Billing and Payment

We use a third party payment processor (the "Payment Processor") to bill you through a payment account linked to your Powderline Account (your "Billing Account"). Currently, we use Stripe as our Payment Processor for the Powderline website. You can access Stripe's Consumer Terms of Service at stripe.com/legal/consumer and their Privacy Policy at stripe.com/privacy. If you sign up through the Google Play or the Apple App Store, the corresponding App Store will serve as the Payment Processor. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any fee-based Services in accordance with the applicable payment terms.

Recurring Billing.

BY SIGNING UP FOR A PAID MEMBERSHIP, YOU ACKNOWLEDGE THAT SUCH SERVICES HAVE AN INITIAL AND RECURRING PAYMENT FEATURE, AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THESE TERMS OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.

IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PAID MEMBERSHIP IN YOUR ACCOUNT SETTINGS, OR AS OTHERWISE DESCRIBED IN THESE TERMS, BEFORE THE END OF THE RECURRING TERM. PAID MEMBERSHIPS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, POWDERLINE WILL NOT ISSUE A REFUND OR CREDIT ANY FEES THAT YOU HAVE ALREADY PAID.

Change in Amount Authorized.

Powderline may from time to time make changes to Paid Memberships, including recurring subscription fees. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If you do not agree to a price change, you can cancel your Paid Membership before the change takes effect.

Updated Information.

YOU MUST PROVIDE AND PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED ACCESS TO YOUR POWDERLINE ACCOUNT. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID MEMBERSHIPS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE CANCELLED YOUR PAID MEMBERSHIP AS SET FORTH ABOVE.

United States, Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@powderline.com.

Powderline Content

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, video, API data, illustrations, look and feel and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (a) without the prior consent of the owner of that Content or (b) in a way that violates someone else's (including Powderline's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of accessing and using the Services for your own personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for any purpose other than personal use of the Services is expressly prohibited without prior written permission from us.

The term Powderline, the Powderline logo and other Kidsanity logos and product and service names are the exclusive trademarks of, and are owned by, Kidsanity LLC., and you may not use or display such trademarks in any manner without our prior written permission. Any third-party trademarks or service marks displayed on the App are the property of their respective owners.

We reserve all rights not expressly granted hereunder.

AI-Powered Technology

Some Services or components thereof may be powered by artificial intelligence ("AI"). The Content of the Services may also include AI outputs. "Outputs" means any outputs, including any text, data, audio and images that are elicited directly or indirectly by, or otherwise made available to, you in connection with your use of the Services, including, but not limited to, the use of non-human tools, platforms and/or other technology powered or made available in connection with the use of generative AI or machine learning models ("AI-Powered Technology").

You and anyone you share Outputs with are solely responsible for their subsequent uses. You acknowledge that Outputs may contain errors and misstatements and may be incomplete or inaccurate. Before leveraging any Outputs, you are responsible for making your own determination that the Outputs are suitable, and you are solely responsible for any reliance on the accuracy, completeness, or usefulness of any Outputs. We make no representations or warranties regarding any Outputs, which are provided "AS IS" and should be accessed and used at your own risk.

Content Restrictions

You represent, warrant and agree that you will not:

• Exploit or otherwise grant to any third party any right, title or interest in or to the Content or any enhancements, modifications and derivative works thereof for any commercial purpose, or to improve AI-Powered Technology or Third Party Model
• Use or provide access to any Content or Content Derivatives to train, optimize, improve or otherwise influence the functionality or performance of AI-Powered Technology or Third Party Model
• Represent that any Outputs were human generated
• Allow any Third Party Model provider or other third party to do any of the foregoing

"Third Party Model" refers to any AI-Powered Technology that is developed or operated by a third party. Your use of Third Party Models may be subject to additional terms and conditions, and you are solely responsible for complying with such terms and conditions.

User Submissions

Anything you post, upload, share, or otherwise provide through the Services are your "User Submissions." Some User Submissions may be viewable by others.

You are solely responsible for all User Submissions you contribute to the Services and represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You further agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (a) infringe any third party's copyrights or other rights; (b) contain sexually explicit content or pornography; (c) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (d) exploit minors; (e) depict unlawful acts or extreme violence; (f) depict animal cruelty or extreme violence towards animals; (g) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (h) that violate any law.

By submitting User Submissions through the Services, you hereby do and shall grant Powderline a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of this site or the Services in any media formats and through any media channels, and including after your termination of your account or the Services.

United States, Digital Millennium Copyright Act ("DMCA") Notice

In accordance with the DMCA, we've adopted the following policy toward copyright infringement. We reserve the right to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (b) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright, please send a notice of copyright infringement containing the following information to our Designated Agent: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of works or materials being infringed; (c) identification of the infringing material including information regarding the location of the infringing materials with sufficient detail so that Powderline is capable of finding and verifying its existence; (d) contact information about the notifier including address, telephone number and, if available, email address; (e) a statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Procedure to Supply a Counter-Notice. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or believes that it has the right to post and use such material, the content provider may send us a counter-notice containing: (a) a physical or electronic signature of the content provider; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (c) a statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) the content provider's name, address, telephone number, and, if available, email address. Unless the copyright owner files an action seeking a court order, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Powderline's discretion.

Agent to Receive Notices of Claimed Infringement:
Address: 23465 Civic Center Way, Building 9, Malibu, CA 90265, Attn: Powderline Copyright Agent
Email: legal@powderline.com

Third Party Disputes

If there is a dispute between participants on this site or Services, or between users and any third party (including providers of products made available through promotions and giveaways or ski resort operators), you agree that Powderline is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third party, you release Powderline, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Disclaimer of Warranties

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content, including Outputs, at your own risk. We are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

POWDERLINE AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (POWDERLINE AND ALL SUCH PARTIES TOGETHER, THE "POWDERLINE PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES. THE SERVICES AND CONTENT ARE PROVIDED BY POWDERLINE (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE POWDERLINE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO POWDERLINE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.

You expressly agree that Powderline is not providing avalanche, mountain safety, or professional rescue advice via the App. The content provided through the App — including all maps, weather forecasts, snow conditions, GPS data, and user-generated reports — is for informational purposes only. It is not intended to be and should not be used in place of (a) your independent judgment and mountain awareness, (b) official avalanche center bulletins, or (c) the advice and direction of ski patrol, guides, or local authorities. You should never disregard official mountain warnings or engage in unsafe activities because of any content presented on this App.

You expressly agree that your winter sports and athletic activities (including but not limited to skiing, snowboarding, backcountry touring, and mountaineering) carry certain inherent and significant risks of property damage, bodily injury, or death. You voluntarily assume all known and unknown risks associated with these activities — including avalanches, unmarked obstacles, tree wells, and rapidly changing weather — even if caused in whole or in part by the action, inaction, or negligence of Powderline or by the action, inaction, or negligence of others.

You also expressly agree that Powderline does not assume responsibility for the inspection, supervision, preparation, or conduct of any ski resort, backcountry route, terrain park, or event that utilizes Powderline's App.

You expressly agree to release Powderline, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors (the "Released Parties") from any and all liability connected with your winter sports and athletic activities, and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with these activities. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with (a) your use or misuse of the App, (b) your use or misuse of equipment or routes discovered via Powderline while engaged in winter sports, (c) your dealings with third-party service providers, ski resorts, or advertisers available through the App, (d) any delay or inability to use the App, or (e) any information, software, products, maps, or content obtained through the App, whether based on contract, tort, strict liability, or otherwise, even if Kidsanity has been advised of the possibility of damages.

Indemnity

You agree to indemnify and hold the Powderline Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Consumers Residing in the UK or EEA

IF YOU ARE A CONSUMER RESIDING IN THE UK OR EEA, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND WE WILL BE RESPONSIBLE FOR LOSSES YOU SUFFER IN ACCORDANCE WITH THOSE STATUTORY REMEDIES, UNLESS THE LOSS IS:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. If a loss is caused by a delaying event outside our control and not otherwise contemplated under these Terms, we will try to contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for any loss associated with such delay.
• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
• A business loss. Our Services are not permitted to be used for any commercial purposes, including the purposes of your trade, craft or profession.

Transfer

Powderline may transfer our contract with you, so that another entity is responsible for supplying the Services or similar services. We'll try to ensure that the transfer won't materially affect your rights under the contract and will tell you in writing if such a transfer is expected to materially affect your rights. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

Changes

Powderline may, from time to time, change these Terms. We reserve the right to change the Terms at any time by posting modified Terms on our website(s) and our mobile application(s) and changing the "Last Updated" date above, so you know when the new terms took effect. Such revisions shall be effective immediately; provided however, for users with existing Powderline Accounts, material revisions shall, unless otherwise stated, be effective one month following notice to you through electronic means, for example via email to the email address associated with your Powderline Account or by displaying a notice on our website(s) and mobile application(s).

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Entire Agreement

The Terms of Use (including the Powderline Privacy Policy and other Supplemental Terms incorporated by reference into this document) constitute the entire agreement between you and Powderline relating to your rights and obligations in the use of the Services. If there is any conflict between the Terms of Use and any other rules or instructions posted on a web Service, Powderline shall resolve the conflict in its sole discretion.

Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, please note that (a) Powderline is located at 23465 Civic Center Way, Building 9, Malibu, CA 90265, (b) the fees and charges for our Services vary depending on the services selected by you, and (c) if you have a complaint regarding the Services or desire further information on use of the Services, please contact our Customer Support. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

Other Important Terms

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Even if we delay in enforcing any rights under these Terms, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Powderline agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Powderline, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Powderline, and you do not have any authority of any kind to bind Powderline in any respect whatsoever.

Except as expressly set forth in the section above regarding the Apple Application and in Annex A, you and Powderline agree there are no third party beneficiaries intended under these Terms.

1. Informal Dispute Resolution Procedure

If a Dispute (as defined below) arises between you and Powderline, Powderline is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first use good faith efforts to settle the Dispute informally and directly through consultation and negotiations before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address utilized as your username and profile associated with your Powderline, if applicable, to Powderline, 23465 Civic Center Way, Building 9, Malibu, CA 90265 and legal@powderline.com. The written description must be on an individual basis and provide, at minimum, the following information: your name and contact information; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Powderline. Unless the parties agree to extend the period for informal resolution, if the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Powderline agree to the further Dispute resolution provisions below.

The informal dispute resolution procedure in this Annex A, Section 1 is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution procedure.

2. Mutual Arbitration Agreement

If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided herein) subject to the terms set forth below and the National Arbitration and Mediation ("NAM") rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@powderline.com. If you have a Powderline Account, any demand filed by you initiating arbitration must include the email address you used to log onto Powderline, as well as any profile associated with that account that is controlled by you.

You and Powderline agree that the terms of this Annex A (collectively the "Arbitration Agreement") govern any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, the Terms of Use, or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each a "Dispute" and collectively "Disputes").

The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Annex A.

This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. The parties agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.

Notwithstanding the parties' decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

3. Class Arbitration and Collective Relief Waiver

YOU AND POWDERLINE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SECTION 6 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF POWDERLINE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

With the exception of this Section 3 and Sections 5 and 6 below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, this Section 3 and Section 5 and 6 below are found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Powderline shall be entitled to arbitrate their Dispute.

4. Arbitration Rules

The arbitration will be administered by NAM and conducted before a single arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at commercial@namadr.com.

5. Arbitration Location and Procedure

For all U.S. residents and non-U.S. residents alike, the arbitration shall be held in Los Angeles, California (unless otherwise agreed by the parties). The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Powderline submit to the arbitrator, unless the arbitrator determines that a hearing is necessary, or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Powderline (and each of the parties' authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

6. Mass Arbitration

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Powderline (a "Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch (to the extent there are fewer than 10 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and Powderline so agree); (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Powderline and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any of the claimants or Powderline may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted.

You agree to cooperate in good faith with Powderline and the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This "Batch Arbitration" provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Powderline otherwise consents in writing, Powderline does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 6. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Section 6 or the engagement of a mediator in Section 7 is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Powderline shall be entitled to arbitrate any claim that is a part of the Mass Filing.

7. Mediation Following First Batch in a Mass Filing

The results of the first batch of demands will be given to a NAM mediator selected from a group of 5 mediators initially proposed by NAM, with Powderline and the remaining claimants' counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Powderline, the remaining claimants and their counsel, and the mediator will have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Powderline or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Powderline nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

8. Arbitrator's Decision

The arbitrator's decision shall be controlled by the terms and conditions of these Terms of Service and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Disclaimer and Limitation of Liability" section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

9. Fees

You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM's Rules where it deems appropriate provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

10. 30-Day Right to Opt Out

You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legal@powderline.com with the subject line, "ARBITRATION OPT-OUT." The notice must be sent within thirty (30) days of (a) these Terms taking effect; or (b) your first use of the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Powderline also will not be bound by it.

11. Changes

Powderline will provide thirty (30) days' notice of any material changes to this Arbitration Agreement. Any such changes will go into effect 30 days after Powderline provides notice and will apply to all claims not yet filed regardless of when such claims may have accrued. If Powderline makes changes to this Arbitration Agreement after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.