Terms & Conditions | Island H2O Live!

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Terms & Conditions

Terms of Website Use

Thank you for viewing IslandH2OLive.Com (the “Site”) which is owned by Horizon Waterpark, LLC d/b/a Island H2O Live! and operated by Innovative Attraction Management, LLC (both "Horizon" and "Innovative" together are referred to as the "Company" or "We" or "Us"). By accessing the "Site", you agree to the following terms and conditions (the “Terms and Conditions”) which form a legal, binding contract between you and the Company. The water park itself, i.e. Island H2O Live!, is referred to as the “Park.”

The use of the Site is also governed by the Site’s privacy policy (“Privacy Policy”), which may be found here.

To the extent applicable, the use of the Park is also governed by the Terms and Conditions as well as the Privacy Policy. Your use of the Park is also governed by:

  1. Park Rules found here.

  2. Back of Ticket Agreement found here. 

  3. Video/Photo Booth/Station Disclosure found here.

 

If you have any questions regarding this Agreement, or any of the other policies and agreements, you may contact the company at this email address: info@islandh2olive.com. Please note that this email is not for general customer service, but instead is specific to questions regarding these agreements/policies/rules. For general customer service questions, please complete the contact form on the home page here.

Site content

The Site and all content contained herein, including without limitation, images, photographs, logos, live streams and other materials, as well as the copyrights, trademarks, trade dress and other intellectual property is owned or licensed by the Company. The site, and any portion of it, may not be reproduced, duplicated, copied, sold, resold, re-broadcast, embedded, licensed by you, or otherwise exploited for any purpose that is not expressly permitted by the Company.

Changes to the site and errors on the site

We expect the Site to change regularly, and reserve the right to do so. We may suspend access to our site, or even take it down, without notice to you. Thus, you have no right to access the site at any given time.

Likewise, while we do our best not to, we may also make/publish errors on the site and/or the contents may become out of date or untimely. As such, we reserve the right to correct these problems without any obligation to you. The publications on the website as to hours, promotions, pricing of tickets and the like does not give rise to a contract between you and Us. Rather, the corrected information and terms at the time of actual sale and purchase will instead be the agreement between/among you and Us. Stated differently, while we try not to make mistakes, if we do, we are allowed to correct them when we learn of them.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy which may be found here.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Claims of copyright or intellectual property infringement

The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company with the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and, 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

For notice of claims of copyright or other intellectual property infringement, the Company can be reached by email: info@islandh2olive.com 
 

Revisions to these terms

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site, and those other postings may also change from time to time and are also binding on you.

Viruses, hacking and other offences

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

By breaching this provision, you would commit a criminal offense under the Computer Fraud and Abuse Act 1986. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and all other information to them. In the event of such a breach, your right to use the Site will cease immediately.

 

Liability disclaimer

THE SITE AND THE CONTENT PROVIDED HEREON IS PROVIDED ON AN "AS IS", “WHEN AVAILABLE”, “WHERE IS”, “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
 

NEITHER COMPANY NOR ANY COMPANY THIRD PARTIES MAKE ANY WARRANTY THAT THIS SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS OR MALWARE FREE OR THAT ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DO COMPANY OR ANY COMPANY THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THIS SITE.
 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, INFORMATION, WEB PAGES, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of liability

IN NO EVENT SHALL HORIZON OR MANAGEMENT (I.E. WE) OR ANY RELATED THIRD PARTY COMPANIES OR PEOPLE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 

IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.


SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED THE COST OF ONE TICKET TO THE PARK OR THAT REQUIRED BY LAW, AND ONLY TO THE EXTENT REQUIRED BY LAW.


YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SITE. THE LIMITATION OF LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
 

SUCH LIMITATION OF LIABILITY HEREIN INCLUDES, BUT IS NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF SECURITY, LOSS OF PERSONAL DATA AND THE LIKE CLAIMS.

 

Cookies

Please review the Site’s Privacy Policy for a discussion of its use of cookies and similar technologies.

Linked websites

For your convenience, hyperlinks may be posted on the Site that link to other websites (the “Linked Sites”). We are not responsible for, and the Privacy Policy and these Terms and Conditions do not apply to, the practices of any Linked Sites or of any companies that we do not own or control or are related to. Linked Sites may collect information in addition to that which we collect on the Site. We do not endorse any of these Linked Sites, the services or products described or offered on such Linked Sites, or any of the content contained on the Linked Sites. We encourage you to seek out and read the privacy policy and Terms and Conditions of each Linked Site that you visit to understand how the information that is collected about you is used and protected.

We usually use a vendor to handle the purchase of tickets/financial transactions so that we do not directly have access to or possess your financial information. Similarly, we do not currently directly handle web-posted questions or “ask us”-type questions. Rather, these are routed to us via a separate web platform. Your use of these websites, which look like part of the Site but are actually not, are subject to those services’ terms of service/use and privacy policies.

Governing law, waiver of class action and jury trial

The Company (both Horizon and Management) are a limited liability company established under American law and their primary business functions are in the United States. We expect and intend any interactions with the Site and us to be governed by American law and in particular the law of Florida without application of Florida’s choice of law rules. By using the Site, you agree that the law of Florida applies to such use as if you were actually using the site while physically present in Florida, even if you are not physically present in Florida or even the United States. Likewise you voluntarily agree to discontinue any suit that may, is or could be brought in another jurisdiction than Florida, if such suit arises from or relates to this Site or the park, i.e. the suit will be exclusively decided in and by the Ninth Judicial Circuit of Florida if state court or the United States District Court, Middle District of Florida, Orlando Division if federal court.


By using the site and its services, including by buying tickets and supplying information to us, and as part of the consideration therefore, you agree to and waive the right to participate in and/or receive relief as part of a class action or representative action. Such class and representative waiver also includes without limitation, any arising from data breach, privacy claims, similar claims and the like. FURTHER, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT INSTEAD TO RESOLUTION SOLELY AND EXCLUSIVELY VIA BENCH TRIAL. THE FOREGOING INCLUDES BUT IS NOT LIMITED TO ANY CLAIM THAT IS, OR IS SIMILAR TO, A CLAIM FOR DATA BREACH AND/OR LOSS OR THEFT OF YOUR PERSONALLY IDENTIFYING INFORMATION.

 

Other countries

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with the laws of that territory.