Terms of Use

1. Acceptance of These Terms

These Terms of Use ("Terms") are a binding agreement between you and THE SIXTY TWO VAIL, P.O. Box 248, Vail, CO 81658 (the "Company," "we," "us," or "our"). They govern your access to and use of our website at thesixtytwovail.com (the "Website") and our member portal, accessible at app.thesixtytwovail.com and through our mobile applications (together, the "Application" — the Website and Application collectively, the "Service"). By accessing or using any part of the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are a member of THE SIXTY TWO™ Society, your club membership is governed by your separate membership agreement and the club's rules and policies. These Terms govern the digital Service only; if these Terms conflict with your membership agreement on a club matter, the membership agreement controls.

2. Eligibility & Accounts

You must be at least 18 years old to create an account or submit information through the Service. Member portal accounts are provided by invitation to members and their approved household members and guests. You agree to provide accurate, current information; to keep your credentials confidential; and to notify us promptly at society@thesixtytwovail.com of any unauthorized use of your account. You are responsible for all activity that occurs under your account.

3. The Service

The Service provides information about THE SIXTY TWO™ Society and, for members, digital access to member services — including requesting private transportation, ski valet, dining reservations, and event participation. We may add, modify, suspend, or discontinue any feature of the Service at any time. We will make reasonable efforts to keep the Service available, but availability is not guaranteed.

4. Member Services & Bookings

Requests submitted through the Application (such as transportation, ski valet, or dining requests) are requests, not confirmed bookings, until confirmed by our concierge team. All member services are subject to availability, club rules, weather and safety conditions, and the terms of your membership agreement (including any applicable fees or charges).

• Transportation service operates within approximately 30 miles of Vail, Colorado; requests outside the service area require direct arrangement with the concierge.
• You agree to provide accurate pickup, drop-off, guest, and timing information, and to notify us promptly of cancellations or changes.
• We reserve the right to decline or cancel a service request for safety, capacity, weather, or policy reasons.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:

• Use the Service in any way that violates applicable law or regulation;
• Impersonate any person, misrepresent your affiliation, or submit false information through forms or your account;
• Interfere with or disrupt the Service, its servers, or its networks, or attempt to gain unauthorized access to any account, system, or data;
• Copy, scrape, harvest, decompile, reverse engineer, or create derivative works from the Service or its content, except as permitted by law;
• Use the Service to send unsolicited communications or upload malicious code.

6. Intellectual Property

The Service and all of its content — including the THE SIXTY TWO™ and THE SIXTY TWO™ Society names, logos, and marks, and all text, images, renderings, photography, and software — are owned by the Company or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. No other rights are granted.

7. Third-Party Services

The Service uses and links to third-party services — for example, scheduling providers for calls and tours, app marketplaces, mapping and address services, and mobile carriers for SMS. Your use of a third-party service is governed by that party's own terms and privacy policy, and we are not responsible for third-party services or content.

8. Text Messaging

SMS/text messaging offered in connection with the Service is governed by the SMS Terms & Conditions below, which are part of these Terms.

9. Privacy

Our collection and use of personal information through the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

10. Mobile Application & App Store Terms

If you download the Application from the Apple App Store or Google Play, you acknowledge that these Terms are between you and the Company only — not with Apple Inc. ("Apple") or Google LLC ("Google") — and that the Company, not Apple or Google, is solely responsible for the Application and its content. Your use of the Application must also comply with the applicable marketplace's terms of service (including Apple's usage rules) and your wireless carrier's data agreement.

• License scope: your license to the Application is limited, non-transferable, and for use on devices you own or control, as permitted by the applicable marketplace rules.
• Maintenance & support: the Company is responsible for any maintenance and support of the Application; Apple and Google have no obligation to furnish any maintenance or support.
• Warranty: to the extent any warranty is not disclaimed, the Company is solely responsible; in the event of a failure of the Application to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Application, to the maximum extent permitted by law.
• Claims: the Company, not Apple or Google, is responsible for addressing any claims relating to the Application, including product liability, regulatory compliance, and consumer-protection claims.
• Intellectual property: in the event of a third-party claim that the Application infringes intellectual-property rights, the Company, not Apple or Google, is responsible for the investigation, defense, settlement, and discharge of the claim.
• Legal compliance: you represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the Application and may enforce them against you.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY REQUEST SUBMITTED THROUGH THE SERVICE WILL BE FULFILLED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — OR ANY LOSS OF DATA, PROFITS, OR GOODWILL — ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to indemnify and hold harmless the Company and its owners, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or third-party right.

14. Suspension & Termination

We may suspend or terminate your access to the Service (including your member portal account) at any time for violation of these Terms, your membership agreement, or club rules, or where we reasonably believe suspension is necessary to protect the Service or its users. You may stop using the Service at any time; account deletion is described in the Privacy Policy. Sections 6 and 11–16 survive termination.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Any dispute arising out of these Terms or the Service that is not resolved informally will be brought exclusively in the state or federal courts located in Eagle County, Colorado (or the federal district encompassing it), and you consent to their jurisdiction. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect.

16. Changes to These Terms

We may update these Terms from time to time. Changes are effective when posted on this page, and the "Last updated" date will reflect the current version. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.