Elk Creek Resort and Marina Service Agreement with Terms and Conditions

 

By using the Elk Creek Resort and Marina website, associated online platforms or applications, or any other services associated with Elk Creek Resort and Marina, you agree to the following terms and conditions under this service agreement regarding Elk Creek Resort and Marina. This service agreement is made by and between Elk Creek Resort and Marina, and you, as a renter or lessee of Elk Creek Resort and Marina services, or user participating on the Elk Creek Resort and Marina website, online platforms or applications, and / or associated services.

 

Elk Creek Resort and Marina will henceforth be used as our representation for the remainder of this service agreement. Marks that appear throughout this service agreement or on any of our online or offline business support marketing or business systems or tools belong to Elk Creek Resort and Marina or the respective owners of such marks, and are protected by U.S. and international law. Any use of any of these designated marks without express written consent of Elk Creek Resort and Marina as appropriate, is strictly prohibited. 

 

All official or registered mailings should be addressed through our official contact form through our website;https://elkcreek-cabinrentals-marina.com/contact-us/. You can also mail Elk Creek Resort and Marina at 

Attn: Elk Creek Resort and Marina

22911 W 877 Rd.,

Park Hill, OK 74451

 

Acceptance, Registration, Account Information Disclosure                                                               

This content is a contractual commitment agreed upon by both parties to uphold the mission and standards of Elk Creek Resort and Marina. Read the entire service agreement as you must agree to abide by the terms and conditions contained in this Agreement in order to participate in the services provided by Elk Creek Resort and Marina, including the website and associated applications. 

 

By using Elk Creek Resort and Marina, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms of Service and any other supplemental terms and conditions, posted guidelines or rules applicable to any individual Elk Creek Resort and Marina website, online platform or application, or other services. All such guidelines and rules are hereby incorporated by reference into the Terms of Service. 

 

If You do not accept this agreement, do not register for or continue use of the Elk Creek Resort and Marina website, services, or associated online platforms or applications. You agree that you are the legal and qualified representative to accept Elk Creek Resort and Marina services and all the Terms and Conditions therein, are of at least 18 years of age, and that all information submitted in terms of registration and acceptance for participating with Elk Creek Resort and Marina is provided and maintained in both truth and accuracy.

 

Compliance                                                                                                      

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the services. Elk Creek Resort and Marina reserves the right to take steps that are believed reasonably necessary or appropriate to enforce and / or verify compliance with any part of this agreement. 

 

You agree that Elk Creek Resort and Marina has the right, without liability to you, to disclose any registration data and / or account information to law enforcement authorities, government officials, and / or a third party, as Elk Creek Resort and Marina believes is reasonably necessary or appropriate to enforce and / or verify compliance with any part of this agreement (including but not limited to) Elk Creek Resort and Marina right to cooperate with legal process relating to your use of the Service and / or a third-party claim that your use of the service and / or products is unlawful and / or infringes such third party’s rights.

 

Account Privacy and Security                                                                                        

As a client or user of Elk Creek Resort and Marina it is your responsibility to maintain the confidentiality and security of the account and all the activities involved therein. It is critical that you obtain professional level securities for all aspects that involve your online and mobile transactions  including high levels of encryption for email accounts, password management and use, browser applications, and screening for all e-products along with all other appropriate precautions. You reveal said information only at your sole discretion and acceptance of any consequential liability.

 

Conditions and Restrictions on Use

Elk Creek Resort and Marina reserves the right to refuse service to anyone at any time for any reason at its sole discretion, and without prior, or any notification. While it is our mission to be an effective facilitator for all of our clients or users in general, any demonstrated breaches such as, but not limited to; copyright infringement, slander, harassment, or obscenities, impersonation of any individual(s) or any form of false representation of any individual(s), of racial or bigotry oriented language or imagery, of intentional misleading of consumer products or services in any way, gambling, sexually explicit material, misrepresentation of identity, misrepresentation through linking, any form of submissions that are technologically compromised – bots, malware, adware, viruses or similar class violations, of intentions for spamming, the uploading of, posting, or otherwise transmitting of, or posting of links to any content that facilitates hacking, violation of intellectual property, of obtaining bulk content through “scraping,” for purposes of unethical self-promotion, false or misleading transactional information of any kind – email, footer, links, phone numbers, etc. may result in termination of services with penalty charge for services rendered and lack of upfront disclosure for purported content provided. 

 

Elk Creek Resort and Marina reserves the right to refuse submissions deemed inappropriate, offensive or borderline illegal for any reason, or any perceived harm to other online users, or contain material that is not in English or violates the standards of good taste or the standards of this Site, or Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law. Elk Creek Resort and Marina has no liability to clients for unapproved hyperlinks or materials, including all copy, images, URL names and search terms used by the client for any reason without notifying Elk Creek Resort and Marina of these submissions prior to submission. Clients also agree not to violate any third-party rights, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights. Use of services or any form of Elk Creek Resort and Marina access may pertain to site service submissions, or community form responses.

 

Privacy Policy

Elk Creek Resort and Marina is dedicated to the safety and privacy of all parties involved and has an express process in place for addressing those issues of privacy. Please see our Privacy Policy on this website made available to you, with all adjustments dated for you to see as noted at the top of the document. We welcome you to visit this page at any time you need to better understand the support we provide on those issues of privacy.

 

Promotions; 

Elk Creek Resort and Marina runs various promotions on different platforms and / or applications, and these promotions cannot be combined – other restrictions apply.

 

Copyright

You agree that the service, including but not limited to products, graphics, video, ebooks, editorial content, and the scripts and software used to implement the service, contains proprietary information that is owned by Elk Creek Resort and Marina and its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. 

 

You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the service in compliance with this agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service in any manner, and you shall not exploit the service in any unauthorized way whatsoever, including but not limited to, by trespass. 

 

All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software, videos, or ebooks, or proprietary questionnaires are owned by Elk Creek Resort and Marina and its licensors, who reserve all their rights in law and equity. The use of the software et all or any part of the service, except for use of the service as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. 

 

Force Majeure                                                                                            

Either party may be choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, tornados, hurricane, natural disasters, flooding, storms or infestation,  loss of power as a result of natural of conditions such as natural disaster or enforced cessation of power from governmental or regulating energy corporations, pandemic, epidemic, government order, or War, invasion, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act  or threat of terrorism; provided, however, that the party whose performance is affected by any such event gives the other party written notice thereof within reasonable time of such event. Should Elk Creek Resort and Marina and the website user or lessee wish to reschedule services, both parties shall re-enter into a rescheduling agreement. 

 

Under the Force Majeure terms, Elk Creek Resort and Marina also reserves the right to make adjustments to the service, especially the environment so as to maintain a safe environment for all parties involved. Adjustments of the agreement in these unforeseen changes may result in and include (but are not limited to) operational changes in environmental setup, or structure of public access.

 

Health and Safety.  Elk Creek Resort and Marina complies with all health and safety laws, directives, rules and regulations. Further, Elk Creek Resort and Marina will not provide services in any part of its location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases (as defined by the CDC and/or WHO), quarantined areas, or other similar occurrences. 

 

Cancellations and Refunds:

Refunds are made in accordance with the refund policy in effect for services at the time or discretion of Elk Creek Resort and Marina, and are based on several determining factors, primarily the time of requested refund in context with our refund policy. 

 

In terms of the rental or lease event, Elk Creek Resort and Marina reserves the right to cancel any order and / or refund the amount paid at any time during the service of any given rental or lease event for reasons including but not limited to disturbing the peace, public intoxication, or property damage.

 

Third Party

In no case shall Elk Creek Resort and Marina be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of third-party services or for any other claim related in any way to your use of the third-party services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the third-party service even if advised of their possibility. Elk Creek Resort and Marina neither implies nor guarantees any aspect of any third party service, product, or business and holds no responsibility for any results or consequences in the use or interaction of any third party service, product, or business. Any use of third party businesses is solely at the discretion of the client or online user in general. 

 

Third Party Social Media, Libel / Defamation

Elk Creek Resort and Marina is committed to providing excellent service to you and all of our clients and users. In any complex transactions of any kind however, expectations can be missed, errors made with the best of intentions. In this agreement of good faith, you agree to the terms in which both parties deal with each other honestly, fairly, and in good faith, so as not to destroy the rights or execute premature and or unnecessary harm to each other, and that includes all social media or online platforms of any kind. This is not intended to counteract free speech so much as establish a process that should any errors occur, for any reason, that you will first let us know, in detail, in written form so that we may correct any issues to the best of our abilities before any other type of public postings. To violate this good faith process without providing us with the benefit of recourse before unnecessary harm is committed is a resulting violation of these terms and will be considered a breach of contract.

 

You can submit your content online at https://elkcreek-cabinrentals-marina.com/contact-us/  

Attn: Elk Creek Resort and Marina

22911 W 877 Rd.,

Park Hill, OK 74451

 

Should you believe these issues to be minor, and that with a simple phone call or by messaging us through Facebook messages that those issues can be addressed, please do so immediately! Again, we want to serve with excellence, and are committed in our business to the best of experiences.

 

For official communications, you agree to two formal submissions in writing to Elk Creek Resort and Marina through either the contact us link posted at the top of this page or document, or to the address listed above, which includes a tracking link as proof provided of this submission. Elk Creek Resort and Marina, in turn, has no less than 30 business days to respond in action to the details of this dis-satisfaction. Client agrees on behalf of Elk Creek Resort and Marina to refrain from taking action that negatively impacts Elk Creek Resort and Marina in terms of reviews, ratings, or negative content that tends to cause harm or injury to Elk Creek Resort and Marina reputation, expose Elk Creek Resort and Marina or supporting personnel to public hatred, contempt, ridicule, shame or disgrace, or affects Elk Creek Resort and Marina adversely until such process has been executed. Published content with false or defamatory statements about Elk Creek Resort and Marina and / or supporting personnel to one or more third parties without privilege, to one or more third parties through rapid transmission, conveyed to an unlimited audience without recorded evidence of good faith effort submitted to Elk Creek Resort and Marina may result in additional legal fees and service fees incurred for the acquisition of electronic discovery, this includes for anonymous postings. 

 

The originating author, and content management provider will be held legally responsible. Elk Creek Resort and Marina keeps contact channels open 24 hours a day through email, social messaging, and an active phone during business days. Regarding the two time notification – we do not in any way anticipate this process to be the normal event but hold to this process in case of an unforeseen, beyond our control set of circumstances such as extended power outage, etc. 

 

Bottom line, contact Elk Creek Resort and Marina if you have any areas of our products or services that meet with less than satisfactory results, we DO want to hear when there’s a way we can do something better, more effective – or – that we need to listen more to what would make you a happier client. Our priority, our commitment is to meet expectations, let us be the first to know so that we can make a positive difference.

 

  1. Limitation of Liability. a. No Consequential or Indirect Damage:. In no event shall either party be liable under this agreement for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of, or relating to, and / or in connection with any breach of this agreement, regardless of (A) whether such damages were foreseeable, (B) whether or not it was advised of the possibility of such damages and (C) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. 
  2. Maximum Liability: In no event shall either party’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid pursuant to this agreement. 

 

Limitations of Liability, Disclaimer of Warranty

In no event shall Elk Creek Resort and Marina be liable for damages of any kind arising from:(A) Clients use of any of Elk Creek Resort and Marina services or associated online platforms (B) Third Party associated services including but not limited to banners, links, or hosting sites, or other media applications (C) Clients PayPal account / choice of Online Payment Systems. Due to the nature of Internet availability and accessibility, down time or other interruptions in service regarding the site, the links, the Paypal payment website (or other online payment systems) and its services, or the other services described herein may occur. Without limiting the above, the links, the sites, the materials in the marketplace and any other materials provided to the client are provided “as is,” without any warranty of any kind, and Elk Creek Resort and Marina makes no warranties, express or implied or statutory, including, without limitation, any warranties (A) of title, non-infringement, merchantability or fitness for a particular purpose; (B) That there are no viruses or other harmful components therein; (C) that the security methods employed by Elk Creek Resort and Marina, it’s affiliates or third party associates will be sufficient in all circumstances or against all attacks; (D) regarding correctness, accuracy, or reliability of any information set forth therein or thereon; (E) Regarding Paypal (or other payment systems), it’s website, its services, or its security, or client’s other choice of online payment systems.

 

Elk Creek Resort and Marina liability, whether based on tort, contract, warranty, strict liability, or another legal claim, shall not exceed the lesser of: (a) $1,000; or (b) the amount service / product fees paid to Elk Creek Resort and Marina pursuant to this agreement during the six month period preceding the claim. In no event shall Elk Creek Resort and Marina be liable for any loss of profits, loss of use, or other indirect, incidental, special or consequential damages, even if Elk Creek Resort and Marina has been advised of the possibility of such damages. 

 

Cause of Action. Any action or suit of any kind by the renter or lessee must be commenced within one (1) year from the date when the cause of action or suit accrued or it will be forever barred. The right of action of the suit will accrue, and the one (1) year limitation period will begin to run, on the date the breach, damage, or injury is sustained and not when the resulting cost, damage, harm or loss is discovered.

 

Indemnity

Elk Creek Resort and Marina renters or lessees will defend, indemnify, and hold harmless Elk Creek Resort and Marina, the Affiliates, and their affiliates, directors, employees, agents, successors and assigns from and against all claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorneys’ fees and expenses) (collectively “Claims”) arising from, related to or associated with any acts or omissions of the client, any breach of this Agreement by the client or any breach by the client of any representations or warranties contained herein. Elk Creek Resort and Marina reserves the right, at renters or lessees expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the client hereunder. The client hereby acknowledges that the Affiliates are intended third party beneficiaries of the foregoing indemnification obligation. No settlement may be consummated without Elk Creek Resort and Marina’ express written authorization, which shall not be unreasonably withheld. As part of this indemnification obligation, Elk Creek Resort and Marina shall have the right of offset against any amounts owed hereunder to the client for any indemnification obligations set forth above.  The website user, renter, or lessee will immediately notify Elk Creek Resort and Marina of any current, impending, or potential legal action against it by a third party for matters relating to Elk Creek Resort and Marina, the Affiliate Program, this Agreement, or any information provided in connection therewith (or any combination of the foregoing) when the same arises.

 

No Third Party Benefit                                                                                              

Except as explicitly stated herein, the parties intend that no other person or entity is or shall be entitled to bring any action to enforce any provision of this Agreement against either of the parties, and that the covenants, undertakings, and agreements set forth in this Agreement shall be solely for the benefit of, and shall be enforceable only by, the parties and their respective successors and assigns as permitted hereunder.

 

Governing Law, Jurisdiction, and Disputes

This agreement and the parties’ action under this agreement shall be governed by and construed under the laws of the state of Oklahoma, without reference to conflict of law principles. The parties hereby expressly consent to the jurisdiction and venue of the federal and state courts within the state of Oklahoma. 

 

Each party hereby irrevocably consents to the service of process in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party at its address set forth in the preamble of this Agreement, such service to become effective thirty days after such mailing. Any dispute relating to the interpretation or performance of this agreement shall be resolved at the request of either party through binding arbitration. Arbitration shall be conducted in the State of Cherokee County in accordance with the then-existing rules of the American Arbitration Association. Judgment upon award by arbitrators may be entered by any state or federal court having jurisdiction. Elk Creek Resort and Marina and the renter, lessee, or website user intend that this Agreement to arbitrate be irrevocable.

 

Legal Terms. 

This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. Requests, demands, and other communications under this Agreement shall be in writing, and shall be deemed duly given if sent to through the contact form on the Elk Creek Resort and Marina website or address given in section one of this Agreement. Headings and subheadings herein are for the convenience of the parties only, and no special meaning will attach to the headings. This Agreement will be deemed made in and governed by the laws of the state of Oklahoma, without application of its principles regarding conflicts of law.Elk Creek Resort and Marina shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. The Limitation of Liability shall survive the expiration or termination of this Agreement. 

 

Violation of Terms of Service

Should you violate these Terms of Service or any other rights of Elk Creek Resort and Marina, Elk Creek Resort and Marina reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all product or service accounts. If you are aware of any violations of these Terms of Service, please report them through the “Contact Us” Form at Elk Creek Resort and Marina –https://elkcreek-cabinrentals-marina.com/contact-us/  , or send to the address:

Attention Elk Creek Resort and Marina

22911 W 877 Rd.,

Park Hill, OK 74451

 

By using the Elk Creek Resort and Marina site or associated platforms, you agree to the terms and conditions for Elk Creek Resort and Marina services.