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By using or browsing this website (the “Site”), you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, then you must not use this Site. We may change these Terms and Conditions at any time and without any notice to you so we suggest that you periodically visit this page to review these Terms and Conditions. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
All materials, including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Contents”) are owned exclusively (either directly or indirectly) by Bottle Bay Resort & Marina and/or its content providers. The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by Bottle Bay Resort & Marina. Any rights not expressly granted in the Terms and Conditions are reserved for Bottle Bay Resort & Marina.
Any Bottle Bay Resort & Marina marks, logos and designs appearing on any of Bottle Bay Resort & Marina websites are the exclusive trademarks and service marks (either directly or indirectly) of Bottle Bay Resort & Marina.
All other trademarks and service marks appearing on any of the [company]’s websites that are not owned by Bottle Bay Resort & Marina are the property of their respective owners.
USE OF SITE AND RESTRICTIONS
This Site and its Contents may be used solely for your own personal, non¬commercial use. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy cashing, uploading, posting, redistribution, relicensing, selling, duplicating, republication or any other dissemination without the express written permission of Bottle Bay Resort & Marina or the owner. You may not use any framing techniques to enclose any trademarks or logos of Bottle Bay Resort & Marina nor use any meta tags or other hidden text without our prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material. The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Bottle Bay Resort & Marina.
You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, email address and other information) (1) to satisfy any law, regulation, or government request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of Bottle Bay Resort & Marina, its affiliates, and you.
ACCURACY OF INFORMATION
Bottle Bay Resort & Marina uses reasonable efforts to furnish accurate and up¬to¬date information, but we do not guarantee that any information contained in this Site is accurate, complete, reliable, current or error¬free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in this Site. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavor to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and Bottle Bay Resort & Marina will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Site.
LINKS TO OTHER WEBSITES
Bottle Bay Resort & Marina may establish links between this Website and one or more Websites operated by third parties. Bottle Bay Resort & Marina has no control over any such other Websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by Bottle Bay Resort & Marina of such Websites, the contents of the Websites, the products or services of the Websites or the operators of the Websites. Bottle Bay Resort & Marina disclaims responsibility for the privacy policies and customer information practices of third¬party internet sites hyperlinked to our sites. Any use you make of any site or service linked to by this Site is entirely at your own risk.
Although Bottle Bay Resort & Marina attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. The website and its contents are provided on an “as is” basis. Use of the website and its contents is at the user’s sole risk. The website and its contents are provided without any representations, endorsements, or warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. As noted below, Bottle Bay Resort & Marina also makes no representations, endorsements, or warranties, either express or implied, with respect to any website operated by a third party.
LIMITATION OF LIABILITY
In no event will Bottle Bay Resort & Marina be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party’s use of the website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this website or any website operated by any third party or any contents of this website or any other website, even if Bottle Bay Resort & Marina is aware of the possibility of such damages.
No waiver by Bottle Bay Resort & Marina of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
You agree to indemnify and hold harmless Bottle Bay Resort & Marina from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of a third party.
REMEDIES FOR VIOLATIONS
Bottle Bay Resort & Marina reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address.
This Site and the Contents are displayed solely for the purpose of promoting Bottle Bay Resort & Marina’s available services. This Site is controlled and operated by DreamState, Inc. from its offices in Idaho. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms and Conditions and your use of this Site will be governed by the substantive laws of Idaho. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions.
Subject to the following clause, any claim or controversy related to these Terms and Conditions or relating to this Site will be settled by arbitration. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
United States only: Any claim or controversy related to these Terms and Conditions or relating to this Site (with the exception of injunctive relief sought by Bottle Bay Resort & Marina within the United States, will be settled by arbitration in accordance with the then current rules of the American Arbitration Association. The location of arbitration will be in Los Angeles, California. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
COOKIES AND DIGITAL MARKERS
INFORMATION SHARING AND DISCLOSURE
If we collect credit card information from you, we only use this information for payment processing and fraud prevention. Credit card information and other similar sensitive personal data are not used for any other purpose by Bottle Bay Resort & Marina without your express consent. We do not retain your credit card information after processing a payment unless you grant us permission to retain your credit card information for future purchases.
We may be required to share information with third parties as a result of applicable law. For example, we may be required to disclose information as a result of a court order, subpoena or warrant. In addition, we may, subject to applicable law, voluntarily provide information in order to assist in a law enforcement investigation or where the disclosure is necessary to protect our systems, our business or the rights of others.
We do not guarantee or warrant the security of our servers nor can we guarantee that information you supply through the Website will not be intercepted while being transmitted over the Internet. We follow generally accepted industry technical standards to protect the personal data submitted to us, both during transmission and once we receive it.
If you ask to subscribe to our exclusive updates, we will use your name and email address to send the email to you. You can sign up for our mailing list on our Contact Us page. You may unsubscribe at any time.
FEEDBACK AND OTHER SUGGESTIONS
If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only.
In the event of any question relating to this Site, please email us at BottleBayResort@gmail.com.
Website Terms &
Conditions of Use
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