Use of this Site
This Site and its content, features and functionality (including, but not limited to, all software, text, images, trademarks, service marks, trade names, logos, video and audio) are owned by the Oneida Nation, its affiliates and/or their licensors and are protected by copyright, trademark and other applicable laws. You may use this Site, and download or print Site content, only for your personal, non-commercial use. You agree that you will not:
- interfere or attempt to interfere with our Site, or gain or attempt to gain access to secure portions of this Site through unauthorized means;
- use our Site for any purpose that is illegal or prohibited by these Terms or any other supplemental terms and conditions set forth on this Site; or
- create, access or attempt to access an account, make a reservation or purchase, or engage in any other transaction using someone else’s name, address, phone number, username, password or other personal information.
We use reasonable efforts to update this Site and ensure that the content is accurate; however, we cannot guarantee that all information is accurate 100% of the time. Please contact us for the most up to date information about any services, products, promotions or other content featured on this Site.
Third Party Websites
Our Site may contain links to websites that are operated by organizations that are not affiliated with the Oneida Nation (“Third Party Websites”). These links should not be construed to imply that we endorse or sponsor these Third Party Websites. You acknowledge and agree that when you use a Third Party Website, you do so at your own risk and we assume no liability arising out such use.
Disclaimer of Warranties
Our Site is provided to you “as is”, without any warranties of any kind, either express or implied, constructive or statutory, including without limitation implied warranties of fitness for a particular purpose and non-infringement.
Limitation of Liability
In no event shall the Oneida Nation or its affiliates, or any of its/their respective representative(s), members, officers, directors, employees, agents, contractors or licensors (collectively, the “Oneida Nation Parties”), be liable to you or any third party, regardless of the cause of action, for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising out of or relating to your use or inability to use this Site, even if an Oneida Nation Party is aware of the possibility of such damages. In the event that the above limitation of liability is unenforceable, in no event with the aggregate liability of all Oneida Nation Parties arising out of or relating to your use or inability to use this Site, under any legal theory, exceed the amount charged by us to you, if any, to access this Site.
You agree to indemnify, hold harmless, and at our request, defend us, our affiliates and our and our affiliates’ respective representative(s), members, officers, directors, employees, agents, contractors and licensors from and against any and all claims, actions and demands, and associated losses, damages and other liabilities, costs and expenses (including reasonable attorneys’ fees, court costs and amounts paid in settlement) arising out of, or related to your breach of these Terms or your use of this Site.
By accessing or using our Site, you consent to the sole and exclusive jurisdiction of the Oneida Nation Court for all disputes arising out of or related to these Terms, our Supplemental Terms or your use of this Site.
Please do not send us any unsolicited creative ideas, suggestions or materials. We are generally unable to accept or consider them to avoid the possibility of a future misunderstanding in the event that your idea is similar to something our employees or contractors are already working on or plan to develop. If you submit any unsolicited ideas, suggestions or materials despite our request that you not do so, we will consider them to be, and you agree that they are, submitted to us on a non-confidential, non-proprietary and unrestricted basis, and we shall be free to use, disclose and exploit them for any purpose without compensation or other obligation to you.
We may change these Terms or any Supplemental Terms at any time in our sole discretion. We may also change, suspend or discontinue any features of our Site or restrict access at any time without notice or liability.
Revised: December 4, 2015