Our Terms and Conditions

Introduction:
These terms and conditions ("Terms and Conditions") govern the use of this website provided by Kalahari Resorts and any related website managed by a third party on behalf of Kalahari Resorts (the "Site"). As used herein, "You" and "Your" refers to any individual, company or legal entity that accesses or otherwise uses the Site. Your access and/or use of this Site and or any services available through the Site ("Services") signifies that You agree to be bound by these Terms and Conditions in effect at the time You use the Site and that You consent to the privacy policy (the "Privacy Policy"). If You do not agree with these Terms and Conditions or the Privacy Policy, You should immediately cease use of the Site and the Services and cease use of the all information and materials You have obtained through the Site and/or the Services.

Use of Site and Site Material:
Personal Noncommercial Use Only. Except as expressly stated therein, this Site is provided for Your personal noncommercial use only. You agree not to copy or use Kalahari Resorts content in any way that infringes on anyone's intellectual property rights. You may not use any name, brand, logo, design, slogan or other designations Kalahari Resorts uses in connection with its products and services. Any copying, republication or redistribution of Kalahari Resorts content is expressly prohibited without prior written consent.

Prohibited Uses. You are prohibited from using this Site in any malicious or unlawful manner, including but not limited to posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. You will not take any action that imposes an unreasonable or disproportionately large load on Kalahari Resorts’ infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques.

You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. Likewise, You must not reverse engineer any of our applications. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your computer system.

Kalahari Resorts may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material the company deems inappropriate. Kalahari Resorts is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Site.

You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy of any other user of the Site or Services in any applicable jurisdiction. You will not misrepresent Yourself or capture data. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.

Information You Provide. In consideration of Your use of this Site or our Services, You agree to provide accurate, current and complete information as requested on a registration form.

Ownership of Intellectual Property:
Kalahari Resorts owns the copyrights to all material and the trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site. Notwithstanding any other term or condition in this agreement, Kalahari Resorts retains ownership to all Intellectual Property on this Site and all material on and from this Site. Nothing on this Site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Kalahari Resorts. All rights reserved.

Disclaimer of Warranty and Limitation of Liability:
Your use of this Site and material from this Site is at Your own risk.

Kalahari Resorts uses reasonable safeguards to ensure safe, uninterrupted service, but this Site and our Services are provided on an "as is, as available" basis. Kalahari Resorts makes no warranties or representations that this Site or our Services will be error-free, secure or uninterrupted. Kalahari Resorts assumes no liability or responsibility for any damage to You, Your computer, or Your other property, due to Your access to, use of, or downloading of this Site, our Services or any materials provided on this Site.

Kalahari Resorts strives to provide accurate and up-to-date material on this Site. However, Kalahari Resorts makes no warranties or representations as to the accuracy, completeness or timeliness of the material provided on this Site. Kalahari Resorts assumes no liability or responsibility for any errors or omissions on this Site.

Neither Kalahari Resorts, any of its agents, nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Your access to, or use of, this Site or any material from this Site. Without limiting the foregoing, this Site and the material provided on this Site are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Links and Third Parties:
Kalahari Resorts reserves the right to link third party websites to this website for whatever purpose within the sole and exclusive discretion of Kalahari Resorts. Kalahari Resorts does not endorse any third party websites not under its control or operation. Kalahari Resorts may not have reviewed any or all such sites that may be linked to this Site and is not responsible for any such sites linked to this Site. Your linking to any sites from this Site is at Your own risk. By linking to a site or permitting a link to this Site, Kalahari Resorts does not endorse the site operator or the content of the linked site.

Kalahari Resorts Site and Services may include advertisements and promotions from third parties. Your business dealings with these third parties are solely between You and the advertiser. Advertising on Kalahari Resorts’ Site and Services does not imply endorsement, and Kalahari Resorts is not responsible for any loss or damage that may be incurred through Your dealing with these third parties.

United States Only:
Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States.

Idea Submission/Use of Information:
Kalahari Resorts welcomes Your comments and suggestions on this Site and products, but does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. Excluding Your Personally Identifiable Information ("PII"), which is subject to the Privacy Policy, any information that You send or submit online to Kalahari Resorts or to business partners working on behalf of Kalahari Resorts, including but not limited to feedback, data, questions, comments, suggestions, or the like ("Submissions"), shall be deemed non-confidential and the property of Kalahari Resorts.

Your submission of such information shall constitute an assignment to Kalahari Resorts of all worldwide rights, titles, and interests in the Submissions, including the right to use, reproduce, modify, disclose and distribute the Submissions without limitation. Kalahari Resorts shall be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information, and will not be liable for any use or disclosure of such Submissions.

By submitting a Submission, You warrant that Kalahari Resorts may publish such Submission, use it as part of its operations, and incorporate its concepts in Kalahari Resorts products without liability or compensation to You. By submitting a Submission, You represent that You have proper authorization for this agreement.

Applicable Law:
Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State of Wisconsin, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of Wisconsin shall have exclusive jurisdiction over all claims

Miscellaneous:
Termination. Your access may be terminated at any time and for any reason or for no reason by Kalahari Resorts. You shall have no recourse and Kalahari Resorts shall have no liability with respect to any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.

Modification. Kalahari Resorts may modify these Terms and Conditions at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the Services constitutes Your assent to such amended terms and Your agreement to be bound thereby. Kalahari Resorts may, but is under no obligation to, provide You notice of such modifications to these Terms and Conditions via email or other communication.

IF YOU DO NOT AGREE TO THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEB SITE IMMEDIATELY.

Questions. Any questions regarding these Terms and Conditions should be directed to the Kalahari Resorts Webmaster: webmaster@kalahariresorts.com 

10/28/2014

 

Our Commitment to Your Privacy

Kalahari Development LLC, LMN Development LLC and Kalahari Resorts LLC (collectively, "we", "us", "our") are committed to safeguarding the privacy of every individual who visits our Internet sites ("Websites"), specifically www.KalahariResorts.com. The following Privacy Policy outlines the information we will collect through the Websites and how that information will be used. This Policy will also instruct you on what to do if you do not want this information collected or further disseminated. Any changes to the Privacy Policy will always be posted on the Websites. 

Information We Collect: 

Personally identifiable information -
The term 'personally identifiable information' refers to data you voluntarily provide while using the Websites that identifies you and/or the company on whose behalf you are accessing and using the Websites. Examples of personal information may include data in connection with our services, such as your name, e-mail address, phone number, company affiliation, physical address and/or certain other personal information.

Personally identifiable information is never collected through the Websites in a non-obvious manner. 

Non-personally identifiable information -
The term 'non-personally identifiable information' refers to general information collected through technology regarding Websites visitors and users that relates specifically to the Websites. For instance, when visiting the Websites, your IP address may be collected. An IP address is often associated with the portal or service through which you enter the Internet. Standing alone, your IP address is not personally identifiable. 

The Websites also use cookies. A cookie is a text file placed on your computer’s hard drive that identifies your computer so the site can remember information you have told us before or activities you have carried out on our site. The cookies can only contain data you told us about yourself. They cannot examine your computer or read data from it. Cookies cannot transmit a virus or do damage to your system. Most browsers are initially set up to accept cookies. By clicking on the Help portion of your browser's menu bar, you can learn how to reset your browser to refuse all cookies, or to indicate when a cookie is being sent. 

Examples of non-personally identifiable information collected include traffic patterns, number of visits to certain pages, visits from other Internet sites or to third-party Internet sites linked to the Websites, use of particular services and interest in services, information or features of the Websites or other parties made available through or found at the Websites.

The Websites also utilize Google Analytics Demographics and Interest Reporting. Learn more about how you can manage what information Google collects here.

How Information is Used: 

Personally identifiable information -
Personally identifiable information may be used to assist with marketing programs designed to identify broad market groups for specific promotional opportunities. By providing personally identifiable information for this purpose you agree to be placed on marketing lists and may receive promotional notices from us or our affiliates, from time to time. 

We may also use your personally identifiable information for operational uses. Examples include using your information to complete transactions requested by you (such as your purchase of a product or service, including room reservations, through the Websites), to send you administrative communications either about your account with us, or to share your personal information with our telephone reservations center in order to allow our staff to respond more promptly to your questions or requests when you call. 

Your personally identifiable information may be shared with reputable third parties, but only for use in advertising campaign delivery or to provide more relevant advertising. Your personally identifiable information may be combined with additional information provided by you or augmented from other data sources. 

We will not sell or rent any personally identifiable information collected with any party not affiliated with us without your express written consent, except as provided below. 

Non-personally identifiable information -
Non-personally identifiable information is used to make the Websites more helpful, interesting and useful to our visitors. 

Non-personally identifiable information may be used to provide anonymous statistical analysis of visitor traffic patterns, administer the Websites and servers, to allow for the auditing of our services by third parties and to improve our services.

Permission for Use:
We may collect and use personally identifiable information that you submit at the Websites in any manner consistent with uses in this Privacy Policy or disclosed elsewhere on the Websites at the point you submit such personal information. 

Privacy Statement Exceptions:
Special circumstances -
We may monitor and, when we believe in good faith that disclosure is required, disclose personally identifiable information to protect the security, property, assets and/or rights of Kalahari Development LLC, LMN Development LLC and Kalahari Resorts LLC from unauthorized use, or misuse, of the Websites or anything found at the Websites. 

We reserve the right to disclose personally identifiable information of the users of the Websites for any law enforcement purpose at the request of any law enforcement body or in response to subpoena or as otherwise required by court or administrative agency. 

Sale of assets -
No part of this Privacy Policy is intended to interfere with the ability of Kalahari Development LLC, LMN Development LLC and/or Kalahari Resorts LLC to transfer all or part of its businesses or assets, including the Websites to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. We specifically reserve the right to transfer personally identifiable information collected from the Websites to the buyer of that portion of our business relating to that information. You may opt out of continued use of your information by any buyer of the Websites. 

Links Provided to Other Internet Sites:
The Internet sites owned and operated by Kalahari Development LLC, LMN Development LLC and/or Kalahari Resorts LLC may contain links to other Internet sites. These third party Internet sites may not follow the same privacy practices of Kalahari Development LLC, LMN Development LLC and/or Kalahari Resorts LLC. Therefore, we are not responsible for the privacy practices or the actions of third parties, including without limitation, any Internet site owners whose Internet sites may be reached through any Internet site owned or operated by Kalahari Development LLC, LMN Development LLC and Kalahari Resorts LLC. For this reason, we strongly encourage you to view the privacy policies of these other sites prior to submitting any personally identifiable information to them. 

User Consent to This Privacy Policy:
Use of the Websites signifies your consent, as well as the consent of the company for whom you use the Websites and whose information you submit (if any), to this on-line Privacy Policy, including the collection and use of information by Kalahari Development LLC, LMN Development LLC and/or Kalahari Resorts LLC, as described in this policy, and also signifies agreement to the Terms of Use for the Websites. Continued access and use of the Websites without acceptance of the terms of this Privacy Policy relieves us from responsibility to the user. 

Withdrawing Consent:
If, after permitting use of your personally identifiable information, you later decide that you no longer want us to include your information in our marketing database or otherwise contact you or to use your information in the manner disclosed in this Privacy Policy or at the Websites, simply tell us by contacting us using the resources listed at the bottom of this Privacy Policy.

Privacy Statement Modifications:
We reserve the right to change this Privacy Policy at any time; notice of changes will be published on this page. Changes will always be prospective, not retroactive. 

Contacting Kalahari Development LLC, LMN Development LLC and/or Kalahari Resorts LLC:
If you have questions regarding this Privacy Policy, the practices of Kalahari Development LLC, LMN Development LLC and/or Kalahari Resorts LLC or your dealings with Kalahari Development LLC, LMN Development LLC and/or Kalahari Resorts LLC, please email us or write us at: 

Internet Marketing
Kalahari Waterpark Resort Convention Center
P. O. Box 590
Wisconsin Dells WI 53965
07/22/14