CONDITIONS OF USE
Welcome to CliffsAmusementPark.com, Cliffs.net, www.facebook.com/CliffsAmusementParkNM, and other Social Media accounts of Cliff’s Amusement Park, Inc.
Cliff’s Amusement Park, Inc. provides website features to you, subject to the following conditions. If you visit CliffsAmusementPark.com or Cliffs.net, you accept these conditions (the “Conditions of Use”). Please read them carefully. In addition, when you use any current or future Cliffs Amusement Park service or purchase products from CliffsAmusementPark.com or Cliffs.net, you also will be subject to the guidelines, terms and conditions (“Terms”) applicable to such purchase. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit CliffsAmusementPark.com or Cliffs.net or send e-mails to us or communicate via Social Media, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, Social Media or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cliffs Amusement Park. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cliff’s Amusement Park, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Cliff’s Amusement Park, Inc. or its software suppliers and protected by United States and international copyright laws.
Cliff’s Amusement Park, Inc., CliffsAmusementPark.com, Cliffs.net, Cliff’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Cliff’s Amusement Park, Inc. in the U.S. and/or other countries. Cliff’s trademarks and trade dress may not be used in connection with any product or service that is not Cliff’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cliff’s Amusement Park, Inc.
LICENSE AND SITE ACCESS
Cliff’s Amusement Park, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cliff’s Amusement Park, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any ride or game listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cliff’s Amusement Park, Inc.
If you use this site, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Cliff’s Amusement Park, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cliff’s Amusement Park, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not undertake to regularly review posted content.
RISK OF LOSS
All items purchased from CliffsAmusementPark.com or Cliffs.net are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED By Cliff’s Amusement Park, Inc. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Cliff’s Amusement Park, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Cliff’s Amusement Park, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Cliff’s Amusement Park, Inc. DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Cliff’s Amusement Park, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Cliff’s Amusement Park, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
From time to time there may be information on our web site, in e-blasts or in Social Media that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Cliff’s Amusement Park, Inc. reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If a product offered by Cliff’s Amusement Park, Inc. itself is not as described, your sole remedy is to return it in unused condition.
By visiting www.CliffsAmusementPark.com or Cliffs.net, you agree that the laws of the state of New Mexico, without regard to choice of law principles, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cliff’s Amusement Park, Inc.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Terms and Conditions, posted on this site. These policies also govern your visit to CliffsAmusementPark.com, Cliffs.net, our Facebook Page, Twitter Account or any other Social Media. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You agree to defend, indemnify and hold CliffsAmusementPark.com or Cliffs.net and Cliff’s Amusement Park, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’; fees, arising from or related to your use of the site, including, without limitation, your use of this web site in violation of these Conditions of Use.