Terms & Conditions
Xanterra Parks & Resorts® provides the products available on this Web site to you, subject to the following Terms and Conditions. By accessing or using this Web site, you are acknowledging that you have read and understood these Terms and Conditions, and do agree without limitation or qualification to be bound by these Terms and Conditions.
National Park Service Concessioner
This service is operated by Xanterra Parks & Resorts, a Concessioner under contract with the U.S. Government and administered by the National Park Service. The Concessioner is responsible for conducting these operations in a satisfactory manner. Prices are approved by the National Park Service.
Purchase Related Policies
The products available on this Web site, including any samples we may provide to you, are for personal use only. You may not sell or re-sell any of the products you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
For additional policies related to orders placed through this Web site (such as order processing, shipping and handling, returns and exchanges), please use the links to the left of the page.
Accuracy of Information
Though we strive for accuracy, occasionally the information at this Web site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability. We apologize for such oversights. We 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 an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you undue inconvenience.
All content available on this Web site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content"), is the property of Xanterra Parks & Resorts, our affiliates, our stakeholders or our licensors, and is protected by United States and international copyright laws.
The Trademarks, logos, and service marks displayed on this Web site (collectively, the "Trademarks") are the registered and unregistered marks of Xanterra Parks & Resorts, our affiliates, our stakeholders or our licensors, in the United States and other countries, and are protected by United States and international Trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license section below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of this Web site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of this Web site. Please note that you may not frame or utilize framing techniques to enclose this Web site or any portion thereof without our prior written consent.
The limited license set forth in this Section does not include the right to: (i) modify or download this Web site or its contents (except caching or as necessary to view content); (ii) make any use of this Web site or its content other than personal use; (iii) create any derivative work based upon either this Web site or its content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of this Web site terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.
If you use this Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using this Web site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of this Web site resulting from such access or use. This Web site does not offer products for sale to children under age 18. We sell products for purchase by adults only. By using this Web site, you are representing to us that you are 18 years old or older. We will not be liable for any damages that may result from misrepresentation of age by a user of this Web site. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
Third Party Links
This Web site is presented "as is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or this Web site, including but not limited to warranties of merchantability, non-infringement, title, or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
You agree that we will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to this Web site; (c) data non-delivery, incorrect delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-web site links on this Web site; (e) computer viruses, system failure or malfunction that may occur in connection with your use of this Web site, including during hyperlink to or from third party sites; or (f) events beyond our reasonable control.
You agree to defend, indemnify and hold us harmless for any loss, liability, claim, damage, or cost, including reasonable attorneys’ fees, resulting from or related to your use of this Web site. You also agree to indemnify us for any loss, liability, claim, damage, or cost, including reasonable attorneys’ fees, that we incur resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Governing Law; Jurisdiction
With respect to any dispute regarding this Web site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of South Dakota as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of South Dakota, and you consent to exclusive jurisdiction and venue in Keystone, South Dakota.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Xanterra Parks & Resorts on or by this Web site or otherwise disclosed, submitted or offered in connection with your use of this Web site (collectively, "Comments") shall be and remain the property of Xanterra Parks & Resorts. Your disclosure, submission or offer of any Comments shall constitute an assignment to Xanterra Parks & Resorts of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Xanterra Parks & Resorts is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any Comments.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by publishing the changes on this Web site. Any changes are effective immediately upon publishing to this Web site. Your continued use of this Web site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Web site.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please e-mail us at firstname.lastname@example.org.