Terms and conditions
Effective Date: This Agreement was last updated on June 1, 2021
This Agreement sets forth the standards of use for the www.eagallakes.com website (the “Website”). This Agreement is intended to apply broadly and it governs any and all access and use of the Website, the information or content contained on the Website, and all aspects of the Service (defined below).
By using the Website, you (“you” or “your”) agree to this Agreement. If you do not agree to this Agreement, you may not use the Website.
THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND GOVERNS YOUR ACCESS TO AND ALL USE OF THE WEBSITE AND THE INFORMATION OR CONTENT CONTAINED ON IT, AND ANY OF THE SERVICES (DEFINED BELOW). BY ACCESSING OR USING THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW), YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, AND (3) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW) IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW).
Certain features of the Website may be subject to additional terms that will be provided on the Website in connection with such features. Any and all such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Website and/or any Service (defined below) to which the additional terms apply. Use of the Website is also governed by the Terms and Conditions of any Service Agreement, Membership Agreement and/or Service Waiver you may have entered into with Eagal Lakes Resort llc. Your continued use of the Website and/or the content or information contained on it and/or any Service (defined below) is an acknowledgement and acceptance that neither Eagal Lakes Resort llc, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of whom are third-party beneficiaries of the Agreement and are collectively referred to as the “Eagal Lakes Resort llc Entities” is a party to any Agreement you may enter into with Eagal Lakes Resort llc. Your continued use of the Website and/or any Service (defined below) is an acknowledgement and acceptance by you that the Eagal Lakes Resort llc Entities are not responsible for any acts or omissions related in any way to your use of the Website or any Service (defined below).
Eagal Lakes Resort llc. reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Website. Your continued use of the Website and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
DESCRIPTION OF SERVICE
Through the Website, Eagal Lakes Resort llc is providing you with information about products and services offered at and/or by Eagal Lakes Resort llc, including but not limited to memberships, events, facility use, along with (a) the ability to schedule, modify and/or cancel reservations and/or appointments with Eagal Lakes Resort llc and/or a staff member of Eagal Lakes Resort llc; (b) provide information to and complete forms regarding memberships, guest attendance, and the like; (c) enter into and use benefits under any Service Agreement, Memberships Agreement, and/or Service Waiver entered into with Eagal Lakes Resort llc; (d) purchase and/or redeem gift certificates; (e) purchase of Services and products; (f) view information about Eagal Lakes Resort llc’s location; (g) complete member and/or customer satisfaction surveys; (h) view opportunities to apply for employment with Eagal Lakes Resort llc; and/or (i) apply for job openings at Eagal Lakes Resort llc. (collectively the “Service”).
You must (1) provide all equipment necessary for accessing the Website, (2) provide for your access to the Internet to use the Website, and (3) pay any fees related with such Internet or equipment.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE INFORMATION OR CONTENT CONTAINED ON IT AND/OR ANY SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY CONTENT OR INFORMATION PROVIDED ON IT AND/OR ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE EAGAL LAKES RESORT LLC ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE INFORMATION CONTAINED ON IT AND/OR ANY SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE EAGAL LAKES RESORT LLC ENTITIES DO NOT WARRANT THAT THE WEBSITE, ANY CONTENT PROVIDED BY IT AND/OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE AND/OR THE INFORMATION CONTAINED ON IT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EAGAL LAKES RESORT LLC OR ITS AUTHORIZED REPRESENTATIVES OR ANY EMPLOYEE OF EAGAL LAKES RESORT LLC WILL CREATE A WARRANTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EAGAL LAKES RESORT LLC, THROUGH THE WEBSITE, THE INFORMATION CONTAINED ON IT AND/OR THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE FOREGOING EXCLUSIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND/OR THE INFORMATION AND CONTENT PROVIDED BY IT AND/OR ANY SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, AND THEREFORE IN SUCH INSTANCES, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EAGAL LAKES RESORT LLC ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE EAGAL LAKES RESORT LLC ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, THE INFORMATION CONTAINED ON IT, OR ANY SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE EAGAL LAKES RESORT LLC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
You agree to indemnify and hold the Eagal Lakes Resort llc Entities harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Website, any information or content provided on it, any Service, any service or product provided by or purchased from Eagal Lakes Resort llc, the violation of this Agreement, using your equipment to access the Website, infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website and/or any Service.
BINDING INDIVIDUAL ARBITRATION
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Last Update to Section 5: June 1, 2021
This Binding Individual Arbitration Section governs all Disputes between you and any Eagal Lakes Resort llc Entity. The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you and any of the Eagal Lakes Resort llc Entities that arise out of or in any way relate to (1) your access to the Website; (2) your use of the Website; (3) the provision of content, services, and/or products on or through the Website and/or the Service; (4) any product or service provided by or purchased from any Eagal Lakes Resort llc location; and/or (5) this Agreement, including the validity, enforceability or scope of this Binding Individual Arbitration Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to this Agreement. If you have a Dispute with any Eagal Lakes Resort llc Entity that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and the Eagal Lakes Resort llc Entity with which you have a Dispute agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE EAGAL LAKES RESORT LLC ENTITIES AGREE THAT THE ONLY DISPUTES NOT COVERED BY THIS SECTION ARE (1) CLAIMS REGARDING THE INFRINGEMENT, PROTECTION OR VALIDITY OF YOUR OR EAGAL LAKES RESORT LLC’S TRADE SECRETS, COPYRIGHT, TRADEMARK OR PATENT RIGHTS AND (2) CLAIMS YOU CHOOSE TO PURSUE IN SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE OVER EAGAL LAKES RESORT LLC AND YOU OTHERWISE QUALIFIES FOR SUCH SMALL CLAIMS COURT AND WHERE YOUR CLAIM DOES NOT INCLUDE A REQUEST FOR ANY TYPE OF EQUITABLE RELIEF.
Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to Eagal Lakes Resort llc at firstname.lastname@example.org . The written notice must be postmarked or emailed within thirty (30) days of the later of the date noted in the “Last Update to Section 5” or your initial log in to the Website or the Mobile Application. Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with any Eagal Lakes Resort llc Entity through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, the Eagal Lakes Resort llc Entities also will not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Website and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.
Notice of Dispute.
IF YOU HAVE A DISPUTE WITH ANY EAGAL LAKES RESORT LLC ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO INFO@EAGALLAKES.COM TO GIVE THE EAGAL LAKES RESORT LLC ENTITY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If the Eagal Lakes Resort llc Entity with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you or the Eagal Lakes Resort llc Entity with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.
Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigned.
The arbitration shall be conducted by a single arbitrator. Except as otherwise provided in this Section, the arbitration shall be governed by the rules set forth in this Agreement.
The initiating party shall bear the cost of any arbitration filing fees and arbitration fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless Eagal Lakes Resort llc is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on the Eagal Lakes Resort llc Entities and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees and expert witness costs. The Eagal Lakes Resort llc Entities and you understand that, absent this mandatory arbitration provision, the Eagal Lakes Resort llc Entities and you would have the right to sue in court and have a jury trial. The Eagal Lakes Resort llc Entities and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
Confidentiality of Arbitration Proceedings.
Arbitration proceedings conducted pursuant to this Section 5 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any Eagal Lakes Resort llc Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
Location of Arbitration. You or the Eagal Lakes Resort llc Entity with which you have a Dispute may initiate arbitration in San Joaquin County, California.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the Eagal Lakes Resort llc Entity with which you have a dispute each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
This Section shall survive any termination of this Agreement or the provision of any Service to you.
GOVERNING LAW AND JURISDICTION
THE PARTIES AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTES BETWEEN YOU AND ANY EAGAL LAKES RESORT LLC ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED EXCLUSIVELY BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN JOAQUIN OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA.
MODIFICATIONS AND INTERRUPTION TO SERVICE
Eagal Lakes Resort llc reserves the right to modify or discontinue the Website and/or any Service at any time, with or without notice to you. The Eagal Lakes Resort llc Entities shall not be liable to you or any third party should Eagal Lakes Resort llc exercise its right to modify or discontinue the Website and/or any Service. You acknowledge and accept that Eagal Lakes Resort llc does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Eagal Lakes Resort llc’s control.
THIRD-PARTY SITES, MOBILE APPLICATIONS AND INFORMATION
GOOGLE MAPS/GOOGLE EARTH
MOBILE TEXT MESSAGING
To opt in or opt out of receiving text messages from Eagal Lakes Resort llc, please contact us by email at email@example.com. Eagal Lakes Resort llc does not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you message and data rates for each message sent to you or that you send. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of the Text Services.
The Text Services may not be available in all areas at all times. This means we may not be able to successfully transmit Text Services to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service to use or receive the Text Services.
Compatible carriers for Text Services include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
T-Mobile® is not liable for delayed or undelivered messages..
For additional help regarding text messages, email us at firstname.lastname@example.org.
Consent to receive the Text Services is not required as a condition of purchasing any goods or services. Text messages may be sent using an automatic telephone dialing system which do not accept incoming messages.
SECURITY AND PASSWORD; CREDIT CARD INFORMATION
You are solely responsible for maintaining the confidentiality of your password and account. Please do not share your password or account information.
Gift Certificate Purchases: To purchase gift certificates on the Website, you will be required to enter your credit card information.
Reservations Using the Website: To book reservations for any event, camping, or the like through the Website, you will be required to enter your credit card information, which is used by Eagal Lakes Resort llc to ensure payment of the service you booked. Payment is due at the time of booking your reservation. By booking a reservation through the Website, you agree to Eagal Lakes Resort llc’s 48 hour Cancellation Policy and agree to pay the full price of any and all booked reservations that you; a) cancel within 48 hours of the booked reservation start time, and/or b) fail to attend. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You represent and warrant that your credit card information is true and that you are authorized to use the credit card.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or any Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
ALL RIGHTS RESERVED
Eagal Lakes Resort llc reserves all rights to all content included or available on the Website, including site design, text, graphics containing the Eagal Lakes Resort llc Logo, interfaces, and the selection and arrangements thereof except those related to third parties protected by their respective intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Eagal Lakes Resort llc is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Website and/or any content or information contained on it without prior written permission of an authorized officer of Eagal Lakes Resort llc.
Eagal Lakes, Eagal Lakes Resort llc, eagallakes.com and the Eagal Lakes Resort llc Logo are proprietary marks of Eagal Lakes Resort llc. Proprietary marks may not be used in connection with any product or service that is not provided by Eagal Lakes Resort llc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eagal Lakes Resort llc.
All other trademarks and/or proprietary marks displayed in the Website, if any, are the trademarks and/or proprietary marks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Eagal Lakes Resort llc.