Terms of Service
Terms and Conditions
BY ACCESSING, VIEWING OR USING THE SITES, YOU INDICATE THAT YOU UNDERSTAND AND INTEND THESE TERMS AND CONDITIONS TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND EQUALLY BINDING, AND THAT YOU ACCEPT SUCH TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY WHISKI JACK RESORTS CONDO TO ACCESS OR OTHERWISE USE THE SITES. ACCORDINGLY, PLEASE EXIT THIS SITE IMMEDIATELY.
Each user must be 13 years of age or older to visit or use the Site in any manner, and, if under the age of 18 or the age of majority as that is defined in such User’s jurisdiction, must use the Site under the supervision of a parent, legal guardian, or other responsible adult. You represent and warrant that you are of sufficient legal age in your jurisdiction to use this Site, or agree to supervise minors who use this Site, and that you will be bound to any legal obligations you may incur as a result of using this Site. You also represent and warrant that you will use the Site in a manner consistent with any and all applicable laws and regulations.
Modifications to these Terms.
Please note that Whiski Jack Resorts reserves the right, in its sole discretion, to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. Accordingly, you should visit this page periodically to review the most current Terms and Conditions because they are binding on you.
In addition to these Terms, Whiski Jack Resorts may also post additional terms and conditions (“Additional Terms”) that apply to certain services or features we offer on this Site (such as payment services, sweepstakes, contests, message boards, chat rooms, blogs, etc.), and you acknowledge that you will be subject to such Additional Terms when you access these services or features. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these Terms will control.
Intellectual Property Rights.
The contents available on or from the Sites such as, but not limited to, text, directories, video and audio clips, sound clips, designs, floor plans, graphics, images, logos, button icons, software and other content (collectively, “Whiski Jack Resorts Content”), unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. All Whiski Jack Resorts Content is the property of Whiski Jack Resorts or its content suppliers or clients. Except as expressly provided herein, Whiski Jack Resorts does not grant any express or implied right to you relative to the Whiski Jack Resorts Content. Please be aware that Whiski Jack Resorts actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Whiski Jack Resorts owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content. The Whiski Jack Resorts name, and all other names, logos, and icons identifying Whiski Jack Resorts’ products and services are proprietary marks of Whiski Jack Resorts. Other product and company names mentioned herein might be the trademarks of their respective owners.
Grant of License.
This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the Whiski Jack Resorts content solely for your personal, noncommercial use. You may print and download materials and information from this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site without the prior express written permission of Whiski Jack Resorts. As a further condition of use of this Site, you warrant to Whiski Jack Resorts that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree not to sell or modify the Whiski Jack Resorts Content or reproduce, display, publicly perform, distribute, or otherwise use the Whiski Jack Resorts Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Whiski Jack Resorts or its licensors, that dilutes the strength of Whiski Jack Resorts’ or its licensor’s property, or that otherwise infringes Whiski Jack Resorts’ or its licensor’s intellectual property rights. You further agree to in no other way misuse Whiski Jack Resorts Content that appears on this Site. The use of the Whiski Jack Resorts Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Whiski Jack Resorts creates to generate or display any Whiski Jack Resorts Content or the pages making up any Whiski Jack Resorts Site is also protected by Whiski Jack Resorts’ copyright and you may not copy or adapt such code. Any unauthorized use of any Whiski Jack Resorts Content from the Site may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
Modification/Access to Site.
Whiski Jack Resorts reserves the right, in its sole discretion, to modify or discontinue the Site, or any portion of the Site, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site.
Acceptable Site Use.
Users may not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, Whiski Jack Resorts Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are prohibited from violating or attempting to violate the security of any Whiski Jack Resorts Site, including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to any Whiski Jack Resorts Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of any Whiski Jack Resorts Site or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Whiski Jack Resorts Site other than the search engine and search agents available on such Whiski Jack Resorts Site and other than generally available third party Web browsers (e.g., Netscape Navigator or Microsoft Explorer). In order to ensure a safe and effective experience for all of our customers, Whiski Jack Resorts reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in Whiski Jack Resorts’ sole discretion from time to time.
Sweepstakes, Contests, and Promotions.
Any sweepstakes, contests or other promotions (“Promotions”) that may be offered via the Site will be governed by a separate set of rules that, in addition to describing such Promotions, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of submissions you make, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you are eligible and want to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotions. By participating in any Promotions, you will become subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
The Site may provide you with the option to electronically enter into certain transactions related to your proposed or actual rental of an apartment, including but not limited to an application to lease an apartment, certain consents related thereto, a lease agreement for an apartment for which you have been approved to rent, a renewal of an existing lease agreement, and/or payments related to your application for or lease of an apartment. Your use of this Site to enter into such transactions with us is entirely voluntary. However, if you enter into any such transaction via this Site, you consent to doing such transaction in electronic form, and to providing an electronic signature in the form specified on this Site, rather than a handwritten signature, whenever a signature is required in connection with a transaction on this Site. In addition, you understand and acknowledge that all transactions that you enter into via this Site will be legally binding on you just as if they were done on paper, and that your electronic signature in the form specified on this Site will be binding as though you had physically signed such document on paper by hand.
Certain areas of the Site may require registration or may otherwise ask you to provide information in order to participate in certain features, to access certain Whiski Jack Resorts Content, or to obtain certain services (including “Online Applications and Leasing” as described in more detail below). The decision to register and provide this information is purely voluntary and optional; however, if you elect not to register or provide such information, you may not be able to utilize such portions of the Site.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, your account information from Whiski Jack Resorts may be deleted from Whiski Jack Resorts’ databases. Information may be archived by Whiski Jack Resorts or continue to be available for some period of time because of delays in propagating such deletion through Whiski Jack Resorts’ Web servers. In addition, third parties may retain cached copies of your Information.
Your use of certain portions of the Site requires a User ID and password. Anyone with knowledge of your User ID and password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you are responsible for maintaining the confidentiality of your User ID and password, and for restricting access to your computer, or other device you use to connect to the Site, so that others may not access the Site using your User ID and password. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective User ID and password, as well as for any communications entered through the Sites using your User ID and password. You agree to immediately notify Whiski Jack Resorts if you become aware of any loss or theft of your User ID and password or any unauthorized use of your User ID and password, and further agree to accept responsibility for all activities that occur under your User ID and password until such time as you notify us that your User ID and password have been compromised or otherwise request that we cancel your account. Whiski Jack Resorts shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations. Whiski Jack Resorts reserves the right to delete or change a User ID and/or password at any time and for any reason.
Assumption of Risk.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Whiski Jack Resorts has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Whiski Jack Resorts and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Whiski Jack Resorts reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Whiski Jack Resorts will also comply with all court orders involving requests for such information.
Interaction with Third Parties.
Whiski Jack Resorts may post advertisements of third parties on this Site, including promotions of advertisers, members, or sponsors showing their goods and services on this Site. Your correspondence, purchases, participation in, or any other dealings with third parties found on this Site are solely between you and such third party. You agree that Whiski Jack Resorts shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site. Moreover, Whiski Jack Resorts shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of any such advertisement.
Links to Other Sites.
Whiski Jack Resorts may provide links, in its sole discretion, to other sites on the World Wide Web (“Third Party Web Sites”) for your convenience in locating related information and services. These sites have not necessarily been reviewed by Whiski Jack Resorts and are maintained by third parties over which Whiski Jack Resorts exercises no control. Moreover, these links do not imply an endorsement of any third party or any Web site or the products or services provided by any third party. Your dealings with such Third Party Web Sites are solely between you and such third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions, Whiski Jack Resorts is not responsible for, and does not provide or make any representations or warranties with respect to, the content, the accuracy or currency of the information, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Sites unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.
User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by a User on or through any Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Whiski Jack Resorts claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Whiski Jack Resorts and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Whiski Jack Resorts, you grant Whiski Jack Resorts a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through Whiski Jack Resorts. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Whiski Jack Resorts a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Whiski Jack Resorts services. Whiski Jack Resorts reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any Site, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Site retains any and all rights that may exist in such User Content. Whiski Jack Resorts acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Whiski Jack Resorts may review and remove any User Content that, in its sole judgment, violates these Terms and Conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users. Whiski Jack Resorts reserves the right to expel Users and prevent their further access to the Sites and/or use of the Services for violating the Terms and Conditions or applicable laws, rules or regulations. Whiski Jack Resorts may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Whiski Jack Resorts, damage Whiski Jack Resorts’ brand or public image, or cause Whiski Jack Resorts to lose (in whole or in part) the services of its ISPs or other suppliers. Whiski Jack Resorts does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The following is a partial list of User Content that is prohibited on the Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
Prohibited User Content includes content that:
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of any group or individual; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; or solicits passwords or personal identifying information from other users.
Any profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you. You may not include in your profile any telephone numbers, street addresses, email addresses or other means of contacting you, other than your last name and URLs. In order to protect our Whiski Jack Resorts users from commercial advertising or solicitation, Whiski Jack Resorts reserves the right to restrict the number of e-mails which a User may send to other users to a number which Whiski Jack Resorts deems appropriate in its sole discretion. If notified by a user of User Content or other materials which allegedly do not conform to these Terms and Conditions, Whiski Jack Resorts may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Whiski Jack Resorts has no liability or responsibility to users for performance or nonperformance of such activities.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement. If you believe that your copyrighted work or trademark has been uploaded, posted or copied to any Site and is accessible on such Site in a way that constitutes copyright or trademark infringement, please contact our designated agent.
Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others. Whiski Jack Resorts, and all of its affiliated companies respect the intellectual property of others, and Whiski Jack Resorts asks Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Sites, you agree not to use any Site to infringe the intellectual property rights of others in any way. Whiski Jack Resorts may terminate the accounts of any User, and block access to the Sites of any User who infringes the copyrights, or other intellectual property rights, of others. Whiski Jack Resorts reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
Whiski Jack Resorts’ Liability. Whiski Jack Resorts does not screen or censor the Profiles or User Content on the Sites. Whiski Jack Resorts is not involved in the actual communications between Whiski Jack Resorts users. As a result, Whiski Jack Resorts has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Sites and makes no representations about any Profile or User Content on the Sites. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Because user authentication on the Internet is difficult, Whiski Jack Resorts cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Site, in the event that you have a dispute with one or more users, you release Whiski Jack Resorts (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Events Beyond Whiski Jack Resorts’ Control. You expressly absolve and release Whiski Jack Resorts from any claim of harm resulting from a cause beyond Whiski Jack Resorts’ control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
DISCLAIMERS. WHILE Whiski Jack Resorts ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION, PRODUCTS OR THIRD-PARTY CONTENT. MOREOVER, Whiski Jack Resorts MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. Whiski Jack Resorts DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE Whiski Jack Resorts CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Whiski Jack Resorts IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS SITE. Whiski Jack Resorts MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM Whiski Jack Resorts THROUGH OR FROM ANY OF THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE FORM, CONTENT AND ACCURACY OF ANY MATERIAL CONTAINED THEREIN PLACED BY YOU ON THE SITES.
IN NO EVENT SHALL Whiski Jack Resorts BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Whiski Jack Resorts HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR Whiski Jack Resorts FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.
Whiski Jack Resorts also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, worldwide, perpetual, irrevocable, nonexclusive right and license for Whiski Jack Resorts to, in whole or in part, adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
You agree to defend, indemnify, and hold harmless Whiski Jack Resorts and its affiliates and all of their past and present employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement.
This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Illinois, U.S., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Whiski Jack Resorts from its offices within the United States. Whiski Jack Resorts makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws. Whiski Jack Resorts makes no claims that the Whiski Jack Resorts Content may be lawfully viewed or accessed outside of the United States. Access to the Whiski Jack Resorts Content may not be legal by certain persons or in certain countries. If you access any Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Term and Termination.
This Agreement will take effect at the time you begin using this Site (thereby indicating acceptance of these Terms and Conditions). Whiski Jack Resorts reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Whiski Jack Resorts reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Sites and immediate termination of your registration with or ability to access the Sites and/or any other services provided to you by Whiski Jack Resorts, upon any breach by you of these Terms and Conditions or if Whiski Jack Resorts is unable to verify or authenticate any information you submit to the Sites or pursuant to registration. Even after you are no longer a User of the Sites, certain provisions of these Terms and Conditions will remain in effect.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Whiski Jack Resorts of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Visitor/Whiski Jack Resorts.
No joint venture, partnership, employment, or agency relationship exists between you and Whiski Jack Resorts as a result of this Agreement or your utilization of this Site.