Terms of Use

Tamarack Resort. These Terms of Use ("Terms") govern your access to and use of our website, services, facilities, and amenities. By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing or using Tamarack Resort's website, making a reservation, or utilizing any of our facilities or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website.

2. Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Violate any applicable local, state, national, or international law
• Infringe upon the intellectual property rights of others
• Transmit any harmful or malicious code, viruses, or malware
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems or software to extract data from our website
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the website or servers

Account Registration

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Intellectual Property Rights

All content on the Tamarack Resort website, including but not limited to text, graphics, logos, images, videos, software, and other materials, is the property of Tamarack Resort or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our prior written consent.

4. Reservations and Bookings

Booking Process

All reservations made through our website or by contacting us directly are subject to availability and confirmation. We reserve the right to refuse or cancel any reservation at our discretion.

Payment

Payment for reservations may be required at the time of booking or upon arrival, depending on the type of reservation. All prices are subject to change without notice. You are responsible for providing accurate payment information and ensuring sufficient funds are available.

Cancellation and Refund Policy

Cancellation policies vary depending on the type of reservation and season. Specific cancellation terms will be provided at the time of booking. Cancellations must be made in accordance with the stated policy to be eligible for any refunds. No-shows and late cancellations may result in forfeiture of deposits or full charges.

Modifications

Modifications to existing reservations are subject to availability and may incur additional fees. We cannot guarantee that requested changes will be accommodated.

5. Guest Conduct and Resort Rules

All guests must comply with Tamarack Resort's rules and regulations while on the property. We reserve the right to remove any guest who:

• Engages in disruptive, dangerous, or illegal behavior
• Damages resort property or the property of other guests
• Violates safety guidelines or instructions from resort staff
• Fails to comply with resort policies and procedures

Guests removed for violations of resort rules will not be entitled to refunds.

6. Assumption of Risk and Liability

Recreational Activities

Participation in recreational activities at Tamarack Resort, including but not limited to skiing, snowboarding, mountain biking, water sports, and other outdoor activities, involves inherent risks. By participating in these activities, you acknowledge and assume all risks of injury or harm.

Release of Liability

To the fullest extent permitted by law, you agree to release, indemnify, and hold harmless Tamarack Resort, its owners, employees, agents, and affiliates from any claims, damages, losses, or expenses arising from your use of our facilities or participation in activities.

Safety Guidelines

You must follow all posted safety guidelines, warnings, and instructions provided by resort staff. Failure to do so may result in injury and may affect your ability to recover damages.

7. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the website will be uninterrupted or error-free
• Warranties regarding the accuracy or completeness of content
• Warranties that defects will be corrected

We do not guarantee that our website or services will meet your requirements or expectations.

8. Limitation of Liability

To the maximum extent permitted by law, Tamarack Resort shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from:

• Your use or inability to use our website or services
• Any unauthorized access to or alteration of your data
• Any interruption or cessation of services
• Any bugs, viruses, or other harmful components
• Any errors or omissions in content

Our total liability to you for any claims arising from your use of our website or services shall not exceed the amount you paid to us in the twelve months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Tamarack Resort and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms of Use
• Your use of our website or services
• Your violation of any rights of another party
• Your conduct while at the resort or using our facilities

10. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Tamarack Resort. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damages or losses caused by your use of third-party websites or services.

11. Privacy

Your use of our website and services is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

12. Force Majeure

Tamarack Resort shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, weather conditions, pandemics, war, terrorism, labor disputes, or governmental actions.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved in the state or federal courts located in Idaho, and you consent to the exclusive jurisdiction of such courts.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Idaho, and judgment on the award may be entered in any court having jurisdiction.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it valid and enforceable while preserving its intent.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tamarack Resort regarding your use of our website and services, and supersede all prior agreements and understandings.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our website or services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

17. Contact Information