Terms and Conditions
1. Your Acceptance of this Agreement and Duty to Read
2. UDO’s Right to Deny Entry or Use of the Website
Notwithstanding any provision of this Agreement to the contrary, and without limiting any such provision, UDO reserves the right to deny access to and use of the Website to you or any other person for any lawful reason whatsoever in UDO’s sole and absolute discretion, including without limitation, for any breach of this Agreement, warranty, or covenant made by you under this Agreement.
3. All Content on the Website is Intellectual Property
All content on the Website, including without limitation, the text, software, scripts, graphics, photos, logos, trademarks, and service marks (collectively, “Intellectual Property”), belongs exclusively to UDO or its affiliates. The Intellectual Property, including without limitation, that which may be contained on the Website is provided to you “AS IS,” “WHERE IS,” and “WITH ALL FAULTS” for your personal information only. You are prohibited from using, copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting any of the Intellectual Property without UDO’s prior written consent. UDO reserves the right to revoke and deny your access to and use of the Website and Intellectual Property in UDO’s sole and absolute discretion, for any reason whatsoever, including without limitation your breach of any of the terms or provisions of this Agreement, warranty, or covenant made by you under this Agreement.
You and other users of the Website may from time to time send or transmit communications or materials to UDO suggesting or recommending changes to the Website, including without limitation, new features or services (“User Recommendations”). You hereby agree and acknowledge that any such User Recommendations you may send or transmit to UDO, whether through the Website or by any other means, belong exclusively to UDO and are automatically made a part of the Intellectual Property without compensation to you. You irrevocably assign to UDO all right, title, and interest to any such User Recommendations and agree that UDO may use or implement your User Recommendations in any way or manner in UDO’s sole and absolute discretion, free from any claim, right, or interest by or of you. You further agree to execute or cause to be executed any instrument or documentation necessary for UDO to perfect its interest in any such User Recommendations.
4. Your Covenants and Warranties: Viewing, Accessing, or Using the Website
As a condition to your viewing, accessing, or otherwise using the Website, you covenant and warrant to UDO that:
- You will not crawl, scrape, or spider any page of the Website or reverse engineer or attempt to obtain the source code of the Website;
- You will not interfere with, disrupt, or attempt to interfere with or disrupt, the Website, including without limitation distributing a virus or other harmful computer code;
- You will not violate your obligations under Section 3 of this Agreement relating to the Intellectual Property, including without limitation making any derivative works of, deleting, or modifying in any way any Intellectual Property or any other content contained on the Website;
- You will not circumvent, or attempt to circumvent, UDO’s or the Website’s technological or security protection mechanisms;
- You will not access, view, interact with, or otherwise use the Intellectual Property or Website to solicit any other user of the Website for political, commercial, or investment purposes, other than those directly related to you receiving UDO’s services;
- You are at least eighteen (18) years old;
- Any and all information or representations made by you in the course of booking or purchasing goods or services with UDO, including without limitation your name, email address, credit card information, and street address, is truthful and personal to you;
- You will not impersonate any other person, or represent that you are any person other than yourself, or provide UDO any misleading information whatsoever;
- You will not use the Website to make any speculative, false, or fraudulent purchases or reservations; and
- If booking ticket(s) for or purchasing any of UDO’s goods or services on behalf of a company, business or nonprofit entity, or any other organization, you have been duly authorized by said company, entity, or organization to contract and make payment to UDO on its behalf.
5. Booking Your Kayaking Tour, Boat Cruise, or Campground Stay
Prior to completing your booking for a kayak tour, boat cruise, or campground stay, UDO requires you to review all of the applicable policies provided on the Website, including UDO’s policies relating to kayaking tours, boat cruises, lodging & campground, and vacation packages. Additionally, you are required to sign a standard liability waiver and participation agreement form before your tour, cruise, or stay, whichever applies to your booking. It is your responsibility to read and understand all policies and requirements before booking with UDO, including without limitation UDO’s policies with regard to voluntarily cancelling your trip, weather cancellations, beach refusals, turn backs, and weight and age eligibility for certain tours and cruises. Be further advised that it is your responsibility, prior to booking your tour, cruise, or stay, to understand the physical demands and rigors involved in your chosen activity (i.e., kayaking). By booking or purchasing any goods or services with UDO, you represent and warrant to UDO that you have informed yourself of the risks associated therewith, you understand your own level of physical fitness, and that you are physically capable of participating in the same.
All prices when booking your tour, cruise, or stay are in U.S. Dollars.
6. UDO Is Not Responsible for Your Personal Property
Please be advised that UDO does not assume and is not responsible for any lost, stolen, or damaged property that you may bring on a kayaking tour or boat cruise, or that you may bring with you for your stay at a UDO campground. You are solely responsible for securing and protecting your personal property and other belongings.
WHILE UDO STRIVES TO MAINTAIN THE ACCURACY AND QUALITY OF ALL INFORMATION PROVIDED ON THE WEBSITE, UDO MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER AS TO THE ACCURACY, USEFULNESS, QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY INFORMATION OR CONTENT ON THE WEBSITE. UDO FURTHER MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ANY CONTENT OR FUNCTIONS CONTAINED THEREIN WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, CONTENT, OR FUNCTIONS, OR THE SERVERS THAT MAKE THE WEBSITE AND SUCH CONTENT AND FUNCTIONS AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UDO DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR ACCESS, VIEWING, OR USE OF THE WEBSITE, ANY SERVICES LINKED TO OR THROUGH THE WEBSITE, OR YOUR ACCESS, VIEWING, OR USE OF ANY THIRD-PARTY WEBSITE, INCLUDING WITHOUT LIMITATION USE OF ANY OF THE WEBSITE’S CONTENT, RESOURCES, REPRESENTATIONS, INTELLECTUAL PROPERTY, AND/OR ANY OTHER GOODS, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. ANY SUCH USE OR RELIANCE BY YOU IS MADE SOLELY AT YOUR OWN DISCRETION AND AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY HARM, DAMAGE, OR LIABILITY TO YOU OR ANY OTHER PERSON RESULTING FROM SUCH ACCESS, VIEWING, OR USE. UDO PROVIDES ALL INFORMATION, STATEMENTS, AND REPRESENTATIONS ON THE WEBSITE ON AN “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” BASIS AND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND QUALITY.
SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
8. Limitation of Liability
You agree that in no event will UDO be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages arising from your use of or reliance on the Intellectual Property, the Website, or any information, representations, content, or opinions contained therein, including without limitation any lost profits or revenues. You further agree that in no event will UDO’s liability to you or any third party with respect to any loss or damage suffered by you or any third party arising out of or in connection with the Intellectual Property, the Website, or any information, representations, content, or opinions contained thereon, whether in contract, tort, statutory, or in any other way, exceed one hundred U.S. Dollars ($100.00).
9. Links to Third Party Websites
The Website may at times contain links to outside or third-party websites (“Third-Party Websites”) for your and other users’ convenience and information, including without limitation, the website located at URL: www.duckpondeatery.com. UDO does not own, operate, control, oversee, or endorse any such Third-Party Websites and inclusion of a link to any such Third-Party Website does not imply, create, or represent any endorsement by UDO of any Third-Party Website or any content, opinions, goods, or services made available to you on such Third-Party Websites. You agree and acknowledge that you follow any links to or access any Third-Party Websites at your own risk and according to your own discretion. The terms and provisions of this Agreement do not apply to your access or use of any Third-Party Website, which may have its own terms and conditions that are separate from and unrelated to this Agreement, the Website, or UDO. You are solely responsible for reading, understanding, and complying with any such separate terms and conditions before accessing or using any Third-Party Website.
10. Your Indemnification of UDO
You agree to indemnify, hold harmless, and at UDO’s option, defend UDO and UDO’s affiliates, parents, subsidiaries, officers, members, shareholders, owners, managers, employees, contractors, vendors, agents, successors and assigns from any allegation, loss, liability, claim, fine, penalty, or demand, including UDO’s reasonable attorneys’ fees, made or brought by any third party due to or arising out of your access, viewing, or use of the Intellectual Property, the Website, or any content contained thereon. You agree to immediately give UDO notice of any such third-party claim and that you may not settle any such third-party claim against UDO unless UDO consents to the settlement in writing.
11. Electronic Communication
By accessing, viewing, or otherwise using the Website, or sending or accepting electronic messages through the Website, you are communicating with UDO electronically. Thereby, you consent to receive communications from UDO electronically. UDO may communicate with you by email or other authorized form of electronic message or by posting notices on the Website. You hereby agree and acknowledge that all agreements, notices, disclosures, and other communications that UDO may provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by UDO electronically will be deemed to be given and received on the date they are transmitted to you. UDO will not be responsible or liable to you for any communication errors, failures, or other malfunctions, or lost, stolen or misdirected transactions, transmission, messages or entries, or for the security of any such communications.
12. Choice of Law
This Agreement and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by and construed in accordance with the laws of the State of Michigan.
13. Dispute Resolution
Prior to your filing or otherwise initiating any action, claim, or proceeding with any court or administrative body, you and UDO shall enter into mediation of any and all disputes arising out of or related to this Agreement. Such mediation will be held in Alger County, Michigan for a minimum four (4) hours. You must provide UDO with written notice of your desire to engage in mediation. Within fourteen (14) calendar days of receiving the notice, UDO will provide you the name of a proposed independent organization providing mediation services, which independent entity will conduct the mediation. You agree to use best efforts and in good faith attempt to resolve the dispute through such mediation.
14. Limitations Period
You agree that you will notify UDO of your desire to mediate or commence any claim, action, proceeding, or lawsuit arising out of or related to this Agreement, the Intellectual Property, the Website, or any content contained thereon, no later than ninety (90) days after your actual or constructive discovery of facts or circumstances forming the basis of your claim, complaint, or grievance. You agree that any claim, complaint, or grievance not brought by you within such ninety (90) day-period will be deemed to have been waived and released by you.
15. Terms Subject to Change by UDO
The terms and provisions of this Agreement are at all times subject to change by UDO in UDO’s sole and absolute discretion, without any notice to you. You agree to be bound by any such changes and any new or different terms or provisions of this Agreement resulting from any such changes. You further agree that you have a continuing, affirmative duty to stay aware of the current terms and provisions of this Agreement and any changes or amendments made hereto by UDO.
16. Equitable Relief
You agree and acknowledge that breach or threatened breach by you of your obligations under Sections 3 and 4 of this Agreement will cause irreparable harm to UDO for which monetary damages would not be an adequate remedy and agree that, in such event, UDO will be entitled to equitable relief, including a restraining order, preliminary and permanent injunctions, and specific performance. Provided, however, such relief will not be exclusive and is in addition to all other remedies that may be available to UDO at law, in equity, or otherwise.
17. Effect of Non-Enforcement
You agree that UDO’s failure or refusal to act with respect to a violation of this Agreement by you or any other user of the Website will not waive UDO’s ability to act differently and seek relief with respect to any subsequent or similar violations.
18. Entire Agreement
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason whatsoever, such invalidity, illegality, or unenforceability will not affect any other term or provisions of this Agreement.
20. Delegation of Duties
UDO reserves the right to delegate any of its duties under this Agreement to any other person, entity, or subcontractor.
21. Delegation of Rights
Under no circumstances are you permitted to transfer any rights provided to you by this Agreement.
22. Contact Information