Adventure Lands of America, Inc.

Website Terms of Use

Revised November 22,2021


These Terms of Use, including the Privacy Policy (https://www.adventurelandresort.com/privacy-policy), referenced below, govern your access to and use of AdventurelandResort.com, AdventurelandPark.com, Adventureland- Inn.com, SpectatorsSBG.com, or any other domain owned by Adventure Lands of America Inc., (hereinafter the “Websites”), including any content, functionality, and services offered on or through the Websites.  The Websites are offered and available only to users who are 13 years of age or older; if you are under 18 years of age, you must first obtain the permission of a parent or guardian to access the Websites.  Please read the Terms of Use carefully before you start using the website.  These Terms of Use must be agreed to be any visitor to the Website.
 
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY, FOUND AT https://www.adventurelandresort.com/privacy-policy YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE OR VISIT THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS.
 
These Terms of Use may be modified periodically; any changes are effectively immediately upon their posting. The date of the most recent revision is displayed above. By using one or more of the Websites you agree to visit the Terms of Use periodically and to review any changes that have been made. By continuing to use the Websites you agree to be bound by any modifications then in effect and posted on this site.
 
You agree that by using one or more of the Websites you do not obtain ownership rights in any of the Websites’ text, design, code, graphics or any other aspect of its content. You acknowledge Adventureland’s intellectual property rights in the same and agree not to copy or reproduce any component of the Websites in any medium (or use any framing techniques to display any aspect of the Websites) without the advance, written permission of Adventureland. AdventurelandPark.com and other names, slogans, and graphics on the Websites are state, federal, and/or common law trademarks of Adventureland. Other marks used on the Websites may be the property of Adventureland and/or other companies. Your limited license to use the Websites is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the Websites.
 
Adventureland has created, commissioned or licensed all aspects of the Websites and possesses copyright, trademark and/or other intellectual property rights in the Websites and their contents. You are given a limited license to use the Websites in accordance with these Terms of Use. Any unauthorized use is strictly prohibited. You acknowledge and agree that you may not distribute, modify, create derivative works of, publicly display, republish, transmit, or reproduce any aspect of this Websites in any other forum without the advance written permission of Adventureland. 
 
You agree not to attempt to gain unauthorized access to any portion of the Websites or to circumvent any of the Websites’ security features. You further agree not to take any actions that would interfere with the Websites’ operations.
 
If you have been given a password to access a secured area of a Website, you agree to keep your password confidential and agree to notify Adventureland if your account has been compromised.

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
 
If Adventureland believes you have violated these Terms of Use, it may disclose information it has gathered about you if such disclosure will aid in an investigation or complaint related to your use of the Websites. Adventureland may also disclose your personal information if necessary to prevent injury to or interference with the Websites based on your actions or the actions of a third party. You waive and hold harmless Adventureland from any claims resulting from any action taken by Adventureland during, or as a consequence of, investigations of Adventureland or law enforcement authorities. 
 
You agree that, if you access any portion of the Websites other than the Bernie’s Adventure Club portion of the Websites, you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the Websites. You agree that, if you are under the age of 13 years old, your access is restricted to the Bernie’s Adventure Club portion of the Websites and that you have been given permission by a parent or guardian to access the Bernie’s Adventure Club portion of the Websites.
 
The Websites—other than the Bernie’s Adventure Club portion of the Websites—are designed for use by adults residing in the United States. The Bernie’s Adventure Club portion of the Websites is also designed only for users in the United States. If you access the Websites from outside the United States, you do so at your own risk and you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.
 
You may not use the Websites to break any law or in any manner inconsistent with these Terms of Use. If your actions using the Websites cause harm to Adventureland or any third party, you hereby agree to indemnify Adventureland, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.
 
You agree that you have read the Privacy Policy [https://www.adventurelandresort.com/privacy-policy]  which is incorporated herein by reference.
 
If you ever upload any material to the Websites or post any comments on the Websites, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, will not contain any material that is indecent, offensive, abusive, harassing, or otherwise objectionable, and and will not defame anyone. Adventureland has the right, in its sole discretion, but not the obligation, to review and/or remove any user posted material for any reason whatsoever. 
 
Any content, ideas or suggestions you submit through the Websites will be deemed non- proprietary and will become the property of Adventureland with no compensation of any kind due to you for any use by Adventureland including, without limitation, the reposting or display of such commentary or ideas. By submitting information to Adventureland and/or its affiliates, you acknowledge that Adventureland may use that information for any commercial and non- commercial purposes, and you represent and warrant that you have the ability to lawfully grant Adventureland all rights in your submission.
 
You understand and acknowledge you are solely responsible for any user contributions to the website, and you, not Adventureland, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that you have the necessary rights to upload or post the content you submit to the Websites and indemnify Adventureland and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on Adventureland’s use of the content or idea.
 
If you create an Account or upload or post any content to the Websites, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the Websites shall be accurate.
 
Adventureland is not responsible for any websites owned by third parties which may be linked to the Websites.
 
You agree that Adventureland has no obligation to allow you to use the Websites and that your access may be denied at any time for any reason.
 
These Terms of Use (including the Privacy Policy [https://www.adventurelandresort.com/privacy-policy] and the Bernie’s Adventure Club Privacy Policy [https://www.adventurelandresort.com/privacy-policy]) constitute the entire agreement between you and Adventureland with regard to your use of the Websites  and supersede any and all other prior written or oral agreements or understandings between you and Adventureland regarding the Websites. Adventureland’s failure to insist on strict compliance with any of these Terms and Conditions is not a waiver of such terms and you agree that such failure shall not inhibit Adventureland’s right to enforce such terms in the future based on laches, estoppel or any other legal doctrine. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
 
Your use of the Websites is at your own risk. The Websites are subject to change at any time, and the information therein may not be complete or up-to-date. Neither Adventureland nor its owners, authors, or affiliates (collectively, “Adventureland”) offer any representations as to the completeness, timeliness, or accuracy of the Websites (including, but not limited to, statements made within diaries or other posts) or representations as to the percentage or length of time the Websites will be available for public access. Adventureland has no duty to update or maintain the Websites. Your reliance on any information contained on the Websites is strictly at your own risk. Adventureland assumes no responsibility and shall not be liable for any action or conduct arising from any reliance placed on the contents of the Websites by you or anyone who may be informed of any of the Websites’ contents. Adventureland assumes no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing the Websites or your downloading of any materials, from the Websites, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.

All purchases through the Websites or other transactions for the sale of goods and services related to Adventureland formed through the Websites, or resulting from visits made by you, are governed by the terms of those sales. To the extent those terms of sale differ from these Terms of Use, those terms of sales are hereby incorporated by this reference into these Terms of Use.
 
ALL USE OF THE WEBSITES IS AT YOUR OWN RISK. ADVENTURELAND DISCLAIMS ANY AND ALL LIABILITY FOR THEWEBSITES. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ADVENTURELAND DOES NOT REPRESENT THAT YOUR USE OF THE WEBSITES WILL BE WITHOUT PROBLEMS OR WILL BE UNINTERRRUPTED.
 
UNDER NO CIRCUMSTANCES WILL ADVENTURELAND, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SHAREHOLDERS, PARENT COMPANIES, SUCCESSORS, ASSIGNS, VENDORS, OR PARTNERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS ACTIVITIES) WHETHER OR NOT NOTICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED, AND WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY.
 
THE TOTAL LIABILITY OF ADVENTURELAND AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THE WEBSITES SHALL NOT EXCEED $100.
 
THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
 
By using or visiting the Websites, you explicitly agree to hold harmless Adventureland and its owners, employees, and affiliates from any and all claims, costs, and damages which may arise directly or indirectly from your visit to the Websites.
 
In the event that you violate these Terms of Use, you agree that Adventureland will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If Adventureland does take legal action against you, you agree to pay all attorneys’ fees and costs of such action.
 
These Terms of Use and any disputes related thereto shall be governed by the laws of the State of Iowa and you consent to the state and federal courts of Iowa as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Iowa’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Iowa and waive any objections related to jurisdiction, venue, and forum non conveniens.
 
If any of aspect of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
 
If you believe that any aspect of the Websites infringes on your intellectual property in any way, or you have any questions about these Terms of Use, please notify us immediately at:
 
Adventure Lands of America, Inc.
c/o Kelsey Knowles
Belin McCormick, PC
666 Walnut St., Suite 2000
Des Moines, IA 50309