Welcome to the IndoorWaterParks.us website (“Website”). Indoorwaterparks.us provides users with access to travel information, content, resources, features, tools, forums and shopping sites through its Website. The terms “we”, “us”, “our” and “IndoorWaterParks.us” refer to Loobi Group LLC, a Michigan corporation. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
The “Terms of Service” as posted here constitute the entire agreement between you and Loobi Group LLC and govern your use of the site, superceding any prior agreements between you and Loobi Group LLC.
You understand and agree that the site may include advertisements. Unless stated explicitly any new content, features or tools shall be subject to the “Terms of Service”. You understand and agree that the Website is provided “AS-IS” and that indoorwaterparks.us, its owner(s), employees(s), agents(s), partner(s) and affiliate(s) assume no responsibility for the inaccuracy, presentation, completeness, deletion, or the content or for the delivery or failure to store information or settings for individual users. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.
CHANGES TO WEBSITE AND SERVICE
Loobi Group LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or service (or any part thereof) with or without notice. You agree that Loobi Group LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site and service provided.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that all information supplied by you on this Website is true, accurate, current and complete, and that you are 13 years of age or older in order in order to contribute to our Website. Loobi Group LLC does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
BOOKING WITH THIRD-PARTY SUPPLIERS
Loobi Group LLC is not a travel agency and does not provide or own accommodation services, park services or transportation services. Although the Website displays information about properties owned by third-party suppliers and facilitates reservations with certain suppliers and affiliate sites, such actions do not in any way imply, suggest, or constitute Loobi Group LLC’s sponsorship or approval of third-party suppliers, or any affiliation between Loobi Group LLC and third-party suppliers.
Although Website visitors may rate and review particular properties based on their own experiences, Loobi Group LLC does not endorse or recommend the products or services of any third-party suppliers. You agree that Loobi Group LLC is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.
ADVERTISER, AFFILIATE AND THIRD PARTY RELATIONSHIPS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Loobi Group LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
LINKS TO THIRD-PARTY SITES
The Indoorwaterparks.us website and service may provide, or third parties may provide, links to other websites or resources. Such links are provided for your reference only. Because Loobi Group LLC has no control over such sites and resources, you acknowledge and agree that Loobi Group LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Loobi Group LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE
We appreciate hearing from you. Please be aware Loobi Group LLC does not claim ownership of content you submit or make available for inclusion on the indoorwaterparks.us website. However, with respect to all content you submit or make available for inclusion on publicly accessible areas of the site, you grant Loobi Group LLC the following world-wide, royalty free and non-exclusive license(s).
With respect to text, comments, reviews, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the site solely for the purpose for which such content was submitted or made available.
This license exists only for as long as you elect to continue to include such content on the site and will terminate at the time you remove or indoorwaterparks.us removes such content from the website.
With respect to content other than text, comments, reviews, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the site, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the indoorwaterparks.us site are those areas that are intended by Loobi Group LLC to be available to the general public.
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. LOOBI GROUP LLC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTELS, WATERPARKS, VACATION RENTAL PROPERTIES, AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF HOTEL OR PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, LOOBI GROUP LLC EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
LOOBI GROUP LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY LOOBI GROUP LLC. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
LOOBI GROUP LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM LOOBI GROUP LLC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOOBI GROUP LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY SUPPLIERS PROVIDING INFORMATION ON PROPERTIES, PRODUCTS, AND SERVICES ON THIS WEBSITE ARE 3RD PARTY PROVIDERS OR INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LOOBI GROUP LLC. LOOBI GROUP LLC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
LOOBI GROUP LLC HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL LOOBI GROUP LLC (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF LOOBI GROUP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If Loobi Group LLC is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Loobi Group LLC liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to LOOBI GROUP LLC for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Loobi Group LLC.
You agree to indemnify and hold Loobi Group LLC, and its owners, subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the site, your use of the site, your connection to the site, your violation of the “Terms of Service”, or your violation of any rights of another.
COPYRIGHTS & TRADEMARKS
All contents of this Website are: ©2015 Loobi Group LLC. All rights reserved. Loobi Group LLC is not responsible for content on websites operated by parties other than Loobi Group LLC. The Loobi Group LLC logos, characters, and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Loobi Group LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Loobi Group LLC or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Loobi Group LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Loobi Group LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Loobi Group LLC..
If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Infringement Policy.
COPYRIGHT INFRINGEMENT POLICY
Loobi Group LLC respects the intellectual property rights of others. If you believe your work has been used on this Web site in a way that constitutes a copyright infringement, please contact us at once to report the violation. All copyright infringement claims should be made in writing and directed to our copyright agent through e-mail and/or fax.
Loobi Group LLC’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Loobi Group LLC
Attention: Copyright Agent
2014 N. Saginaw Rd., #231
Midland MI 38630
E-mail: Contact Us
Each claim must include the following information for our investigation:
1. Identification of the copyrighted material claimed to have been infringed so that it may be removed from the indoorwaterparks.us website if deemed infringing.
2. Information on how to contact the individual filing the complaint including name, address, phone number and if possibly, an e-mail address.
3. A statement that the information in the complaint is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the material that is allegedly infringed.
All intellectual property right violations will be treated seriously and investigated promptly.
You acknowledge and agree that the site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Loobi Group LLC or advertisers. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Indoorwaterparks.us site, use of the indoorwaterparks.us site, or access to the indoorwaterparks.us site.
DISPUTES, JURISDICTION, AND GOVERNING LAW
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the Commonwealth of Michigan, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Michigan, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the “Terms of Service” must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Loobi Group LLC and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Loobi Group LLC with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Loobi Group LLC with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
QUESTIONS OR REPORT VIOLATIONS
Please Contact Us for answer to questions regarding this policy and to report violations of the “Terms of Service”
Loobi Group LLC
2014 N. Saginaw Rd, #231
Midland, MA 48640, USA
©2015 Loobi Group LLC. All rights reserved.