Island H2O Waterpark
END USER LICENSE AGREEMENT
Last updated: February 2021
BY CHECKING THE “ACCEPT” BOX AND BY CLICKING “INSTALL” TO DOWNLOAD AND USE THE APP, YOU: (A) ACCEPT AND AGREE: (I) TO THE TERMS OF THIS SERVICE AGREEMENT, AND (II) TO RECEIVE OFFERS AND TO THE INSTALLATION OF THE APP AND ANY UPDATES OR UPGRADES, INCLUDING FOR PERFORMANCE, FUNCTIONALITY AND SECURITY PURPOSES; AND (B) REPRESENT AND WARRANT THAT EITHER: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT FOR YOUR USE OF THE APP; OR (II) YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER THAT IS UNDER THE LEGAL AGE OF MAJORITY AND ARE LEGALLY RESPONSIBLE FOR SUCH MINOR USER AND ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT FOR SUCH MINOR USER’S USE OF THE APP.
IF YOU DO NOT AGREE TO THE TERMS IN THE SERVICE AGREEMENT, YOU SHOULD NOT DOWNLOAD OR CONTINUE TO USE THE APP. You can uninstall the App at any time. We reserve all rights not expressly granted to you.
WhiteWater West Industries, INC dba Vantage its subsidiaries and affiliates, together with Island H2O Waterpark, and its subsidiaries and affiliates (collectively, “our”, “we”, “us”, “Vantage”, “provider”), license the App to you subject to and in accordance with the Service Agreement.
- What information we collect and how we collect it (for example, information to identify you and background information you provide us);
- The purposes for which we collect, use and disclose your information; and
- Additional examples to help you better understand how we collect, use, disclose and safeguard your personal information.
Terms of Service
To view the Terms of Service go to the Terms of Service section of the App or visit the https://vantage.co/terms-of-use/.
Account Alerts and Notifications
If you choose to use the App to enroll in account alerts through Push Notifications on your eligible mobile device, you agree that the terms in the Account Alerts section set out below will apply to that service. Push notifications may include location notifications, marketing notifications, and personalized advertising and purchase notifications.
Table of Contents
1. SCOPE OF LICENSE
2. CHANGES TO THIS END USER LICENSE AGREEMENT
3. CONSENT TO USE OF DATA
6. THIRD PARTY MATERIALS
7. LOCATION INFORMATION
8. PROPRIETARY MATERIALS
9. LANGUAGES AND LOCAL RULES
10. MODIFICATION, SUSPENSION AND DISCONTINUATION
11. NO WARRANTY
12. TELECOMMUNICATIONS NETWORK OPERATOR
13. SECURITY OF DATA
14. LIMITATION OF LIABILITY
16. LAWFUL USE
17. GOVERNING LAW, JURISDICTION
18. THIRD PARTY BENEFICIARIES
19. UNENFORCEABLE TERMS
20. ENTIRE AGREEMENT
21. THIRD PARTY TRADEMARK NOTIFICATION
22. ACCOUNT ALERTS
1. Scope of License
We grant you a limited non-transferable license to install and use the App on any supported mobile device or operating system (an “Authorized Device or OS”). Your download of the App is subject to and conditional upon the terms of download or installation imposed by the operator of the store or shop where you download the App from (the “Usage Rules”) and the Service Agreement.
You must not:
- use the App beyond the scope of the licence granted under this Agreement;
- use the App on any mobile device that you do not own or control;
- distribute or make the App available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, redistribute or sublicense the App;
- copy (except as expressly permitted by this license and the Usage Rules and the Service Agreement), modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works, whether or not patentable, of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App);
- use the App for purposes of competitive analysis of the App, the development of a competing product or services or any other purpose that is to our commercial disadvantage; or
- use the App, the Services or any related products for the development, design, manufacture, constructions, maintenance, operation or production of any hazardous environments or systems, including nuclear, missiles, or chemical or biological weapons or weapons systems or environments, power generation systems, aircraft navigation or communication systems, air traffic control systems or any other transport management systems, safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems, or military or aerospace applications; or
- use the App for any purposes prohibited by or in violation of any law, regulation or rule of the United States, Canada or any other jurisdiction.
If you breach the terms of this license, you may be subject to prosecution and damages. The terms of the license will govern any updates or upgrades provided by us unless such update or upgrade is accompanied by a separate license.
2. Changes to this End User License Agreement
We reserve the right to revise this End User License Agreement from time to time. We will update the ‘Effective Date’ at the beginning of this EULA when we make any change. If you do not agree with the modified terms, you must immediately cease using the App. Your continued use of the App constitutes your continued agreement to the terms and conditions herein.
We may, at our sole discretion, withdraw the current App or supply a new update or version subject to a new end user license agreement at any time. Your use of any new update or version shall be subject to the new end user license agreement.
3. Consent to Use of Data
We may also use information from this App to provide you with advertising on another app. For example, if you begin completing an online form on the App and do not complete it, we may provide you with advertising through social media and online partners. In this context we do not share the relevant online activity with the third party.
The license granted under this Agreement is effective until terminated by you or us or upon the withdrawal or uninstallation of the current App. We will terminate your license without notice if you fail to comply with any term(s) of the Service Agreement. Upon termination of the license, you must cease all use of the App, and delete all copies, full or partial, of the App. From time to time, and without warning, we may impose limits on your use of or access to the App.
The App enables access to sites, services, offers and information of Vantage and its service providers as well as third party sites, services and information (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service.
The terms of this Agreement apply to Account Alerts, references to Services throughout these terms include Account Alerts.
6. Third Party Materials
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. We do not control the content of the Third Party Materials, and the Third Party Materials may be deemed offensive, indecent, or objectionable or contain explicit language.
You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Vantage shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
7. Location Information
Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither we, nor any of our content providers or service providers, guarantee the availability, accuracy, completeness, reliability, or timeliness location data displayed by any Services.
If you have enabled Location Services on your device and shared your location with us, in the Offers section you will be shown nearby offers for which you are eligible.
8. Proprietary Materials
The Services may contain proprietary content, information and material (“Proprietary Content”) that is protected by applicable intellectual property and other laws such as copyright. You agree not to use Proprietary Content except as strictly permitted by the Service Agreement and for the use of the Services.
The design, trademarks, branding, logos and service marks (“Marks”) displayed on the App, and all content and information within it, and the Services provided by us are the property of Vantage, its trademark licensors and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Vantage or such third party which may own the Marks.
No portion of the Services provided by us may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
You may not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or with the App, including any copy thereof.
9. Languages and Local Rules
The App, the Services and the Third Party Materials are intended for use solely at Island H2O Waterpark or related applicable location(s).
The Services and the Third Party Materials are not available in all languages. We make no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
10. Modification, Suspension and Discontinuation
We, and our service providers and licensors, reserve the right to change, suspend, remove, disable or permanently discontinue access to or the appearance of the App and any Services provided by us or our service providers at any time without notice. You may be required to download and reinstall a new version of the App from time to time subject to the terms of a new End User License Agreement.
In no event will Vantage be liable for the removal of or disabling of the App or access to any such Services. We may also impose limits on the use of or access to the App and certain Services in any case and without notice or liability.
11. No Warranty
We provide the App and any Services performed or provided by the App with reasonable skill and care but otherwise:
- THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND DEFECTS;
- TO THE GREATEST EXTENT PERMITTED BY LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR RESPECTIVE AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND EXPRESSLY DISCLAIM, ALL WARRANTIES, CONDITIONS AND OTHER CONTRACT TERMS WITH RESPECT TO THE APP AND ANY SERVICES, INCLUDING ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE; AND
- WE DO NOT WARRANT (A) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, (B) THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, (C) THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED.
12. Telecommunications Network Operator
Access and use of the App and Services occurs across the networks of a number of mobile operators. We do not operate these networks and have no control over the operations of the mobile operators. Vantage will not be liable to you if circumstances beyond our control interrupt, prevent or otherwise affect the transmission, communication, post, transaction or otherwise interfere with the integrity thereof, including, without limitation, unavailability of mobile service, communications, network delays, limitations on mobile coverage, system outages, or dropped or interrupted connections. We disclaim any responsibility for any mobile network or service used to access the App and the Services.
Currently we do not charge for use or access to the App as of the date of your agreement to the Service Agreement. However, your mobile service provider may charge for transmission or receipt of messages and other communications performed using your equipment on their network, and you are solely responsible for such charges.
13. Security of Data
14. Limitation of Liability
WE OR OUR AFFILIATES, OR ANY OF OUR AND THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, ARE NOT RESPONSIBLE OR LIABLE TO YOU FOR:
- LOSS OF PROFITS,
- LOSS OF REVENUES,
- LOSS OF BUSINESS,
- LOSS OF OPPORTUNITY,
- LOSS OF OR DAMAGE TO DATA,
- BUSINESS INTERRUPTION,
- PROPERTY DAMAGE; OR
- ANY OTHER COMMERCIAL DAMAGES OR ANY LOSS ARISING FROM A CAUSE BEYOND OUR REASONABLE CONTROL, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, IN EACH CASE WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF USD $50.00.
You shall indemnify and hold Vantage, our licensors, sponsors, agencies and our respective parents, subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonably incurred legal fees and expenses on a solicitor-client full indemnity basis, made by any third party due to or arising out of your mis-use of the App, any breach of the terms and conditions set forth in the Service Agreement, by you, or other users of any Services using your access identification or credentials if you have disclosed these to any unauthorised person, or otherwise failed to keep these secure, or if you have permitted a third party to have access to the App (for example, through biometric authentication). Biometric authentication may include fingerprint or facial recognition. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
16. Lawful Use
You may not use or otherwise export or re-export the App except as authorized by United States law, Canadian law or the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported:
- into any U.S. embargoed countries or that has been designated by the U.S. government as a “terrorist supporting” country or a foreign national of such countries; or
- to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By using the App, you represent and warrant that you are not located in any such country, a foreign national of any such country, or on any such list.
17. Governing Law, Jurisdiction
The Service Agreement and your use of the App and any Services are governed by, construed and enforced in accordance with the applicable laws of the Province of British Columbia and the Federal Laws of Canada without regard to conflict of laws principles. Any cause of action brought to enforce this Agreement, or in connection with any matters related to the App or the Services shall be brought only before the relevant courts located in Vancouver, Canada. Your use of the App may also be subject to other local, national, or international laws.
18. Third Party Beneficiaries
You agree that the owner of each operating system on which the App is made available (“OS Owner”), and its subsidiaries, are third party beneficiaries of this Service Agreement, and that the OS Owner will have the right (and will be deemed to have accepted the right) to enforce applicable portions of the Service Agreement against you, the end-user, as a third party beneficiary. Notwithstanding the foregoing, we may rescind, vary, amend or terminate this Agreement in accordance with its terms notwithstanding that the OS Owner may have relied on, or indicated assent to, any term of the Service Agreement. This Agreement is otherwise for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.
19. Unenforceable Terms
If any provision of this Agreement is held to be unenforceable, invalid or illegal in any jurisdiction, then: (a) such unenforceability, invalidity or illegality shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction; and (b) such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
20. Entire Agreement
21. Third Party Trademark Notification
Unless expressly stated otherwise, all other third party trademarks, logos and service marks, including without limitation, those of an OS Owner, are the properties of those respective third party entities.
22. Account Alerts
In this section, “Account Alerts” means the service for you that we offer for alert notifications sent by email, text messaging, any eligible App Push Notifications and other eligible communication device.
You agree to promptly inform us of any change in the information provided including your email address, cell phone number or other contact information; and you would like to receive special offers and updates from us if you have selected this option when you enrolled.
The Account Alerts that you receive are for convenience purposes only. Unless specifically stated otherwise, the Account Alerts are not real time and will only be sent during the times you select. The Account Alerts do not amend, supplement, change or replace any other notice or information that you may receive in connection with your account, including but not limited to your billing statement from us. The Account Alerts do not change your responsibility or liability for any account transactions. If you have any questions or concerns about your account or the status of your account you should call the customer service number provided by us or access the account online.
You acknowledge and agree that App Push Notifications may be displayed on your mobile device’s Lock Screen and Notification Center. If you do not wish to receive Push Notifications in these locations, you can manage your Notifications in your mobile device notification settings at any time. If you are enrolled for both App Push Notifications and Account Alerts by email or SMS, changes made to the settings on one service may impact the settings of the other. For App Push Notifications, if you change or lose your mobile device, that device may continue to receive Push Notifications until a new device is set up for Push Notifications. However, it is your sole responsibility to contact your mobile service provider to request the cancellation of mobile services generally for a lost or stolen mobile device.
All Account Alerts that we provide will be deemed to be received by you on the day that we send the Account Alert to you or post the Account Alert, as applicable, even if you do not access the Account Alert for any reason.
We are not responsible if you do not receive Account Alerts due to your email address, cell phone number or other communication device or contact information changing or being invalid or due to systems failures, interruptions in communications systems or due to your email, cell phone or other communication device settings or any other reasons. If necessary, it is your sole responsibility to adjust your email, cell phone or other communication device service settings and any anti-spam filters so that you will receive the Account Alerts. Failure to receive an Account Alert, receipt of an inaccurate Account Alert or an inability to access Services for any reason does not constitute an exception to any obligation you may have to us, including payment of your accounts with us in a timely manner or any other obligation related to your account or use of the Services and you will still be bound by our statements and notices. Notwithstanding our sending of or your receipt of a payment notification, payments received are subject to clearing and return.
We are not responsible to store Account Alerts or any data even if we have done so previously. It is your sole responsibility to promptly access and view Account Alerts and respond to them in a timely manner.
You may elect to cancel Account Alerts by advising us by telephone or using the My Account service (for email or SMS) or using the App or your mobile device settings (for Push Notifications) or such other method that we permit at our sole discretion. You understand and agree that it will take time to process your request and that you may continue to receive Account Alerts until we terminate. You cannot temporarily suspend the operation of this Agreement unless we permit you to do so at our sole discretion. We reserve the right to limit the number, frequency and nature of changes that you may make. If the account is cancelled by you or by us, the Account Alerts will also be cancelled at our discretion. If the account is replaced, it is your responsibility to re-enroll in the Account Alerts. There may also be other circumstances in which you will have to re-enroll in the Account Alerts.
If Account Alerts are not available within your geographical location, you agree that your sole remedies are not to enroll in or to terminate the Account Alerts.
The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. For purposes of this Agreement (a) the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
For assistance with the App, or for all customer service questions contact us at firstname.lastname@example.org
WhiteWater West Industries, INC dba Vantage: 1110 Boston Avenue, Longmont, CO 80501
Island H2O Waterpark: 3230 Inspiration Drive, Kissimmee, FL 34747