Terms of Service | Utah Ski Parking Alerts

1. Acceptance of Terms

By accessing or using Utah Ski Parking Alerts ("Service"), operated by Wasatch Crest Holdings LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Description of Service

Utah Ski Parking Alerts monitors parking availability at Utah ski resorts and sends notifications when availability changes. The Service is provided on a best-effort basis and does not guarantee parking reservations. See our Service Disclaimer for important limitations.

Important: This Service relies on third-party data sources, platforms, and systems that are outside our control. Parking availability information is derived from third-party sources and is provided "as is." We do not guarantee the accuracy, completeness, or timeliness of any availability information.

3. Experimental Nature of Service

You acknowledge that this Service utilizes experimental methods to monitor third-party data sources. The availability and functionality of the Service depends entirely on third-party systems over which we have no control, agreement, or guaranteed access. The Service may cease to function at any time without notice due to changes in third-party systems. By using this Service, you accept these inherent limitations and uncertainties.

4. Service Availability and Modifications

We may modify, suspend, or discontinue any feature, monitoring capability, or the entire Service at any time, with or without notice, for any reason, including but not limited to:

Third-party restrictions, requirements, or legal demands
Changes to third-party platforms or data sources
Technical limitations or infrastructure issues
Legal or regulatory requirements
Business considerations

You agree that Wasatch Crest Holdings LLC shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, regardless of the reason or whether notice is provided. No refunds or credits will be issued for service modifications or discontinuation except at our sole discretion.

5. User Accounts

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must provide accurate and complete information when creating your account.

6. Subscription Plans and Billing

The Service offers free and paid subscription tiers. Billing is managed through Clerk Billing and processed by Stripe. Paid subscriptions are billed monthly. You may cancel your subscription at any time, effective at the end of your current billing period. Service credits may be provided at our sole discretion for service outages exceeding 6 hours; no cash refunds will be issued.

7. SMS Notifications

By opting in to SMS alerts, you consent to receive automated text messages about parking availability. Message frequency varies based on your watch settings. Standard message and data rates may apply. You may opt out at any time by texting STOP to our notification number.

8. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable laws
Attempt to interfere with or disrupt the Service or its infrastructure
Create multiple accounts to circumvent usage limits or abuse free tier benefits
Resell, redistribute, or commercially exploit the Service without our written consent
Use automated tools to scrape or extract data from the Service beyond normal usage
Reverse engineer, decompile, or attempt to derive the source code of the Service
Use the Service in any manner that could damage, disable, or impair our systems

9. Intellectual Property

The Service and its original content, features, and functionality are owned by Wasatch Crest Holdings LLC and are protected by copyright, trademark, and other intellectual property laws.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

Alerts will be delivered in time to secure a parking reservation
The Service will be uninterrupted, timely, secure, or error-free
Availability information will be accurate or complete
The Service will meet your requirements or expectations
Any errors in the Service will be corrected
The Service will continue to be available

YOU ACKNOWLEDGE THAT PARKING AVAILABILITY INFORMATION IS OBTAINED FROM THIRD-PARTY SOURCES OVER WHICH WE HAVE NO CONTROL, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. THIS SERVICE IS PROVIDED AS A CONVENIENCE ONLY AND IS NOT ESSENTIAL OR CRITICAL.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) MAXIMUM LIABILITY. THE TOTAL, CUMULATIVE LIABILITY OF WASATCH CREST HOLDINGS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE LESSER OF: (i) THE TOTAL FEES ACTUALLY PAID BY YOU TO US DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) TEN DOLLARS ($10.00 USD).

(b) EXCLUSION OF DAMAGES. IN NO EVENT SHALL WASATCH CREST HOLDINGS LLC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, OR GOODWILL
LOSS OF DATA OR DATA BREACH
COST OF PROCUREMENT OF SUBSTITUTE SERVICES
PERSONAL INJURY OR PROPERTY DAMAGE
MISSED RECREATIONAL OPPORTUNITIES, SKI DAYS, OR EVENTS
TRANSPORTATION, LODGING, LIFT TICKET, OR OTHER TRAVEL COSTS
ANY DAMAGES ARISING FROM SERVICE INTERRUPTION, MODIFICATION, OR DISCONTINUATION
ANY DAMAGES ARISING FROM INACCURATE, DELAYED, OR MISSING ALERTS
ANY OTHER PECUNIARY LOSS

REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FAILURE OF ANY LIMITED REMEDY.

(c) ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WASATCH CREST HOLDINGS LLC. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d) JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY LAW, WHICH IN NO EVENT SHALL EXCEED TEN DOLLARS ($10.00 USD).

12. Indemnification

You agree to indemnify, defend, and hold harmless Wasatch Crest Holdings LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Any content you submit or transmit through the Service
Your violation of any applicable laws or regulations

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

13. Release and Waiver

To the fullest extent permitted by law, you hereby release and forever discharge Wasatch Crest Holdings LLC, its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, costs, expenses, and causes of action of any kind, whether known or unknown, arising out of or relating to your use of the Service. You expressly waive any benefits of any law that would otherwise limit this release to claims actually known at the time of acceptance.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Informal Resolution. Before initiating any formal dispute resolution, you agree to contact us at hello@powderlogic.ai and attempt to resolve any dispute informally for at least 30 days.

(b) Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in Salt Lake City, Utah, before a single arbitrator.

(c) Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Wasatch Crest Holdings LLC.

(d) Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

(e) Opt-Out. You may opt out of this arbitration provision by sending written notice to hello@powderlogic.ai within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

15. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, and you waive any objection to venue in such courts.

16. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. We will notify users of material changes via email or through the Service. Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

17. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

Violations of these Terms
Requests by law enforcement or government agencies
Discontinuation or modification of the Service
Technical or security issues
Extended periods of inactivity
Any other reason at our sole discretion

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, release and waiver, and dispute resolution provisions.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity of the remaining provisions.

19. Entire Agreement

These Terms, together with the Privacy Policy and Service Disclaimer, constitute the entire agreement between you and Wasatch Crest Holdings LLC regarding the Service and supersede all prior agreements and understandings.

20. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Wasatch Crest Holdings LLC.

21. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

22. Contact

Questions about these Terms should be sent to: hello@powderlogic.ai