1. Acceptance of the Terms of Use

These terms of use are entered into by and between you (“you”) and Splash Summit Resort, LLC (the “Company,” “we,” or “us”). The following terms and conditions, together with any related documentation expressly incorporated by reference (collectively, these “Terms”), govern your access to and use of the websites located on the internet at https://www.splashsummit.com, including any content, functionality, and services offered on or through https://www.splashsummit.com and any Company mobile application (collectively, the “Website”), and relate to your use of the Company’s related services (the “Services”), including, without limitation, the purchase of a membership subscription to utilize certain Services.

Please read these Terms carefully before accessing the Website or purchasing any Services. By accessing the Website, using or purchasing the Services or by accepting or agreeing to these Terms, you accept and agree to be bound and abide by these Terms [and our Privacy Policy, found at [www.splashsummit.com/terms], incorporated herein by reference]. If you do not agree to these Terms, do not access or use the Website or purchase any products or Services.

You must be 18 years of age or older to use the Website and/or purchase the Services, or, if under 18 years of age, you must be at least 13 years old and have the consent of a parent or legal guardian. By using this Website and/or purchasing the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you are under 18 years old, do not attempt to use the Website, purchase the Services or submit any of your information to the Company without the consent of a parent or legal guardian. If we learn that we have collected personal information from or sold Services to an individual under the age of 18 without verification of parental consent, we may delete such information and/or suspend any Services, without refund. If you believe that we have any information from or about a person under 18 years of age without parental consent, please contact us at info@splashsummitresort.com.

2. Changes to these Terms

We may amend, revise or update these Terms at any time without specific notice to you and the latest version of these Terms will be posted and accessible on the Website. Any amendments or revisions made to these Terms by the Company shall be effective immediately when posted to the Website and shall supersede any and all prior Terms. Your continued use of the Website and the Services following any revisions or amendments shall mean that you accept and agree to any and all of such revisions and amendments. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you. Excepting modifications made to the Terms by the Company, any alteration, modification or amendment of these Terms shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of the Company.

3. Accessing the Website and Your Information

We reserve the right to withdraw or revise the Website and the Services, without notice, in our sole discretion. We will not be liable, for any reason, in the event that all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict your access to any or all off the Website in our sole discretion.

To access the Website or some of the resources it offers, including the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website be correct, current, and complete. You represent and warrant to the Company that all such information and material (i) is your property or is provided with the express permission of the owner of such information or material; (ii) regarding anyone under the age of 18, is provided with the consent of a parent or guardian; (iii) is provided by you in accordance with any agreements and all laws applicable to your collection, use and transmission of such information and material, and does not infringe upon or violate the rights of any other party; (iv) is true, accurate, complete and current at all times; and (v) may be used, stored and relied upon by the Company without liability to you or third parties. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY SUCH INFORMATION AND MATERIAL IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION AND/OR MATERIAL IN ANY WAY. You agree that all information you provide, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information, provided such use is consistent with our Privacy Policy.

Any username, password, or other piece of information provided as part of the Services or in connection with your use of the Website must be treated as confidential and you must not disclose it to any other person or entity. You shall be solely responsible for maintaining the confidentiality and security of your account and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of your account security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, account, or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Subscription for Services

The Company may offer subscriptions for certain Services that may vary from time to time in the sole discretion of the Company (the “Membership”). Any special promotional plans, or bundled products and services are subject to change at the Company’s sole discretion. The Company may also provide and make available limited-time discounts and other offers to individuals with active Memberships through the Website and other forms of communication.  Unless purchased as a gift, a Membership is not transferrable by the initial purchaser, except that an adult purchaser may purchase a Membership on behalf of a minor. Each Membership contains personal identifying information, which may include, without limitation, your name or the recipient’s name, username, and an individualized bar code. Certain Services may be purchased as a gift using a gift card, but options for gift card purchases may be limited as determined by the Company from time to time. All gift card purchases must be paid in full at checkout, and there are no refunds on any gift card purchases. You agree to all fees charged when you pay for any purchases and you understand that all fees shall become due and payable at checkout.

Prior to any purchase, after you have accepted these Terms, you will be prompted to enter the following information: your first and last name, date of birth, mailing address, debt/credit card or bank account information, billing address, telephone number, email address, name of recipient of the Membership, if Membership is purchased for any party other than you, and desired Password and Username.

Unless your Membership is purchased using a gift card, your payment method will incur an automatic recurring subscription fee, according to the selected plan for the Membership, along with any applicable tax and other charges incurred in connection with such purchase (collectively, and as modified from time to time in the sole discretion of the Company, the “Subscription Fees”). Subscription Fees are charged on a monthly, quarterly, semi-annual, annual or other custom basis, as determined by the Membership plan purchased. Subscription Fees shall be charged automatically and without notice to you, unless and until either you cancel or the Company terminates your Membership. Depending on the Membership plan purchased, Subscription Fees may be charged during months or other periods of time when the Company does not offer Services (including, for example, winter months).

With the exception of Memberships purchased using a gift card, all Memberships purchased will automatically renew on the date such Membership expires. You must cancel your Membership prior to the end of the then-current billing period to avoid being automatically charged for the following billing period, and such amounts may accrue regardless of the validity of your payment method. You agree that no prior notification for any charges will be provided unless the amount of such charges change, in which case you will receive notice via email from the Company at least 30 days prior to the collection of the upcoming payment. You understand that this authorization shall remain in effect until the termination of these Terms.

You authorize all scheduled charges associated with the Subscription Fees and you will provide the Company with either a debt/credit card number or ACH information for automatic withdrawal of payment from an authorized bank account (the “Payment Method”). It is your responsibility to maintain a current Payment Method on file with the Company. If a particular payment date falls on a weekend or holiday or if the date of the month does not exist in a particular month, you understand that the payment may be withdrawn on the previous or next business day. In the case of the decline or return of a charge for insufficient funds, you understand that the Company may, at its discretion, attempt to process the charge again within thirty (30) days, as well as an additional $25.00 charge for each declined attempt, which will be initiated as a separate transaction from the recurring payment. You acknowledge that the origination of debit/credit card transactions to the debit/credit card account on file must comply with the provisions of U.S. law. You certify that you are an authorized user of the debt/credit card or bank account on file and will not dispute these scheduled transactions with your bank or credit card company, so long as the transactions correspond to the terms indicated in these Terms. If any charge to your Payment Method fails, then your Membership will automatically be suspended or terminated, without notice to you, in connection with nonpayment of Subscription Fees or any other amounts due to the Company.

Except as otherwise expressly set forth herein, all purchases of any Services, including daily passes, gift cards, and Memberships, are final, and the Company is under no obligation to refund any paid Subscription Fees of any type, paid under any terms, for any reason. By way of illustration only, even if a customer purchases a Membership on an annual basis in December, payable on a monthly basis including during months in which the Company does not offer all Services (for example, winter months), but cancels the Membership in April, the Company will not be responsible for refunding any paid Subscription Fees from December through April, even though the Company did not offer all Services during that time period.  The Company reserves the right to modify any fees or charges, including Subscription Fees, or add new fees and charges from time to time; provided, that, the Company will give you advance notice of these changes or as a notification when you login to the Website. Purchasers of new Memberships may request a refund within three (3) business days of such purchase; provided, that no full or partial refunds will be provided for any new Membership that has redeemed any offers or utilized any of the Services in connection with such Membership.

5. Third Party Materials.

The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for any Third-Party Materials, including without limitation their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not be held liable to you or any other person or entity for any Third-Party Materials. All Third-Party Materials are provided solely as a convenience to you, which access and use is entirely at your own risk and subject to any terms and conditions imposed by such third parties.

6. IP Rights.

You acknowledge and agree that your use of the Website and the Services are subject to and conditioned upon your strict compliance with all terms and conditions set forth herein. The Company hereby grants you a non-exclusive, non-transferable, and revocable license to access the Website and use the Services.  This license grants you the right to view, browse, retrieve, and request products and services of the Company through the Website. This license does not grant to you any ownership interest in the Website, or any other rights thereto other than to use the Website in accordance with the license granted. The Company and its licensors and service providers retain all of their right, title, and interest in and to the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you under these Terms.

7. Privacy.

You acknowledge that the Company may use automatic means (i.e., cookies, etc.) to collect information about your use of the Website and the Services. The Company shall not disclose to third parties any of your personal information through the Website or the Services. The information you submit through use of the Website or Services shall be used solely by the Company for the purposes of billing, advertising, notifying you of any changes to these Terms, or any other purpose the Company deems necessary to carry out its duties under these Terms.

8. General Terms.

(A) Warranty and Release of Liability: USE OF THE COMPANY’S WEBSITE OR ANY OF THE COMPANY’S SERVICES IS AT YOUR OWN RISK AND CONSTITUTES ACCEPTANCE OF THIS RELEASE OF LIABILITY. As used in this Section, “you” includes any person who uses the Website or Services. Each of the following subsections applies to you: (1) Disclaimer of Warranties; (2) Assumption of Risk at Splash Summit Waterpark; (3) Limitation of Liability; and (4) Indemnification.

You agree to release and hold harmless the Company, Splash Summit Resort, LLC, its members, managers, officers, agents, affiliates, employees, assigns, owners, representatives, volunteers, sponsors, and officials from any and all liability, present and future, known or unknown that is associated with your use of the Website or any of the Services or as a result of visiting the Splash Summit Waterpark (the “Park”). You agree that this Release of Liability shall bind the members of your family, including your spouse, your heirs, assigns, and personal representatives. You agree to this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding yourself, your spouse and children, if any, and your heirs, legal representatives, and assigns. You expressly agree that this Release of Liability is intended to be as broad and inclusive as is permitted by law. You acknowledge and agree that you have carefully read this Release of Liability section and fully understand its contents.

(1) Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS IN CONNECTION WITH THE WEBSITE OR ANY PRODUCTS OR SERVICES (INCLUDING THIRD-PARTY PRODUCTS AND SERVICES) OFFERED THROUGH THE WEBSITE. THE COMPANY DOES NOT GUARANTEE, REPRESENT OR WARRANT, AND YOU HEREBY WAIVE ANY GUARANTY, REPRESENTATION OR WARRANTY, THAT USE OF OR ACCESS TO THE WEBSITE OR SERVICES BY YOU WILL BE UNINTERRUPTED OR FREE FROM ERROR, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. FURTHER, YOU AGREE THAT THE COMPANY MAY FROM TIME TO TIME SUSPEND ACCESS TO THE WEBSITE OR THE SERVICES FOR INDEFINITE PERIODS OF TIME. THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY, AND YOU HEREBY WAIVE ANY AND ALL SUCH WARRANTIES, AS TO THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEBSITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

(2) Assumption of Risk at the Park. You acknowledge there are risks and dangers inherent in using the Membership and the Services. You agree that you are using the Services redeemed by usage of the Membership and/or the Website, either on or off the site of the Park’s property, entirely at your own risk. The Company is not responsible for damage or injury sustained to any person as a result of using the Membership, the Services, the Website, or as a result of visiting the Park affiliated with the Membership. You knowingly and voluntarily assume all risks of injury, illness, or other damage, including death or permanent disability.

(3) Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, JOINT VENTURERS OR AGENTS BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH OR ARISING FROM (I) THE USE, PERFORMANCE OR OPERATION OF THE WEBSITE; (II) THE USE, PERFORMANCE OR OPERATION OF THE INTERNET; (III) ANY OF THE COMPANY’S PRODUCTS OR SERVICES; (IV) THESE TERMS; OR (V) THE CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY DAMAGES FOR WHICH THE COMPANY OR ITS AFFILIATES HAVE ANY LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR SERVICES.

(4) Indemnification. You agree to assume liability for and indemnify, defend, and hold harmless the Company its officers, members, managers, employees, agents, affiliates, and joint venturers from and against any and all liabilities, losses, damages, penalties, deficiencies, claims, actions, suits, costs, expenses or disbursements of whatever kind and nature whatsoever, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website or the Services, breach of these Terms, your negligence or any criminal or tortious acts (or failures to act) committed by you, including, without limitation, your violation of the rights of any third party, or as a result of damage or loss suffered by purchasing and using any of the products or services redeemed from the Website, including, but not limited to any accident or injury that may occur at the Park.

(B) Term. The term of these Terms begins on the date you first access the Website or otherwise use the Services and continues until terminated.

(C) Termination. The Company may terminate these Terms and all licenses granted to you at any time for any reason or for no reason, with or without notice to you. Upon termination of these Terms, you shall immediately discontinue use of the Website and the Services.

(D) Survival. Any right, obligation, or required performance of the parties in these Terms that, by its express terms or nature and context is intended to survive termination of these Terms, will survive any such termination.

(E) Entire Agreement. These Terms and any other notices and agreements posted by the Company through the Website, all as may be amended from time to time in the Company’s sole discretion, contain the entire understanding between you and the Company with respect to the Website and the Services. You understand that you may also be subject to additional terms and conditions that may apply when you access or use third-party content, products, services, or software in connection with your use of the Services.

(F) Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of these Terms, and the remaining provisions shall remain in full force and effect.

(G) Governing Law. Any claim or dispute you may have against the Company shall be brought in a court located in Salt Lake City, Utah. You agree to submit to the personal jurisdiction of the courts located within Salt Lake City, Utah to litigate all such claims or disputes. These Terms shall be governed in all respects by the laws of the State of Utah, without regard to conflict of law provisions.

(H) Successors and Assigns. These Terms shall be binding upon, shall inure to the benefit of, and shall be enforceable by, the parties hereto and their respective successors and permitted assigns. You may not transfer or assign any rights or obligations you have under these Terms without the prior written consent of the Company. We reserve the right to transfer or assign these Terms or any right or obligation under these Terms at any time.

(I) Notice. All notices to you shall be in writing. Notices posted conspicuously through the Website or sent to you electronically, including without limitation via electronic mail, shall be deemed to be written notices. Notices to you shall be deemed to have been received (i) 24 hours after the time such notice is posted conspicuously through the Website or after being sent to you electronically, (ii) upon delivery to you in person or by courier, or (iii) three (3) days after the date mailed by registered or certified mail, return receipt requested. All notices to the Company shall be in writing and shall be deemed to have been received upon delivery to the Company in person or by courier or three (3) days after the date mailed by registered or certified mail, return receipt requested, in all cases to the address for the Company set forth below.

Company Address:

1330 East 300 North

Provo, Utah 84606

(J) Remedies. All remedies under these Terms are cumulative and in addition to any other rights and remedies available to the Company at law or in equity. The parties hereby acknowledge and agree that any breach or threatened breach of these Terms by you may cause irreparable injury to the Company for which monetary damages are inadequate, difficult to compute, or both. Accordingly, the parties agree that these Terms may be enforced by specific performance, injunction or any other equitable remedy, without requiring the Company to post a bond, in addition to any other remedies available to the Company.

(K) Waiver. Any failure to act by the Company with respect to a breach by you or others does not waive any right to act with respect to subsequent or similar breaches. Any waiver of a provision of these Terms shall not be binding unless such waiver is in writing and signed by the waiving party.