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Website Terms & Conditions
Welcome
to the Mesquite Springs, LLC (“Mesquite Springs”) website.
Mesquite Springs maintains this website for your personal
information, education and communication. Your access to
and use of this website is subject to the following Terms &
Conditions. Please read these Terms & Conditions carefully
before accessing or using this website, so that you fully
understand your rights and responsibilities. BY
ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH
THESE TERMS & CONDITIONS. THESE TERMS & CONDITIONS ARE AGREED TO
BY AND BETWEEN YOU AND MESQUITE SPRINGS. IN CONSIDERATION
FOR YOUR USE OF AND ACCESS TO THIS WEBSITE, AND THE PROMISES AND
OBLIGATIONS IN THESE TERMS & CONDITIONS, AND INTENDING TO BE
LEGALLY BOUND, YOU AND MESQUITE SPRINGS AGREE TO ALL OF THESE
TERMS & CONDITIONS. PLEASE PRINT A COPY OF THESE TERMS &
CONDITIONS FOR YOUR REFERENCE.
IF
YOU DO NOT AGREE TO THE FOLLOWING TERMS & CONDITIONS, DO NOT
ACCESS OR USE THIS WEBSITE, AND INSTEAD CONTACT MESQUITE SPRINGS
IN WRITING OR VIA TELEPHONE AS SET FORTH BELOW FOR DESIRED
INFORMATION.
Mesquite
Springs reserves the right to modify or amend these Terms &
Conditions at any time. All changes shall be effective
immediately upon their posting. Material changes will be
posted conspicuously on this website. By accessing the
website following posting of changes to the Terms & Conditions,
you agree to all such changes.
Site Information
Information displayed on this website is subject to modification
without notice. Mesquite Springs reserves the right to
modify such information without any obligation to notify past,
current or prospective website users. Information
regarding Mesquite Springs’s services is applicable only in
Arizona unless otherwise noted. Some services may not be
available in certain areas. Mesquite Springs makes no
representations that the materials on this website are
appropriate or available for use in other states besides Arizona
or other countries besides the United States. Those who do
access this website from other states or countries are solely
responsible for compliance with the laws of such state or
country.
All
offers set forth on this website are void where prohibited, and
are subject to the posting of any official rules pertaining to
such offers.
Intellectual Property Rights
Copyright 2007-2008 Mesquite Springs, LLC. All rights reserved.
All
copyrightable text, audio, video, graphics, charts, photographs,
icons, and the design, selection, and arrangement of content in
any medium on this website are copyrighted by Mesquite Springs,
unless otherwise noted. The distinctive and original
layout and presentation of this website also constitutes
protectable trade dress under applicable federal law. In
addition, many proprietary names and marks belonging to Mesquite
Springs appear throughout this website. This website may
also contain references to third-party marks, and copies of
third-party copyrighted materials, which are the property of
their respective owners. Any unauthorized use of any trade
dress, marks, or any other intellectual property belonging to
Mesquite Springs or any third party is strictly prohibited, and
will be prosecuted to the fullest extent of the law.
Use of this Site
You may
download and/or print one (1) copy of this website’s content
solely for your personal and noncommercial use, provided you do
not delete or modify any copyright, trademark, or other
proprietary notices. You may not otherwise use, copy, modify,
distribute, mirror, republish or transmit any of the content or
materials of this website without the prior written consent of
Mesquite Springs.
No Liability
IN NO
EVENT SHALL MESQUITE SPRINGS OR ANY OF ITS OFFICERS,
REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA,
INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR
IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR
ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA,
PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE OR THE
INABILITY TO USE THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN
TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF MESQUITE SPRINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
YOUR ACCESS TO AND USE OF THE WEBSITE.
No Warranty
Mesquite
Springs makes all commercially reasonable efforts to ensure that
all material, information and data on this website is accurate
and reliable; however, accuracy cannot be guaranteed.
THIS WEBSITE IS PROVIDED BY MESQUITE SPRINGS ON AN “AS IS”
BASIS. MESQUITE SPRINGS DISCLAIMS ALL WARRANTIES WITH
RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. MESQUITE SPRINGS
MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL,
INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS
WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED FROM THIS WEBSITE. MESQUITE SPRINGS
DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS,
CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY
MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH USE OF THIS WEBSITE. Mesquite Springs shall
have no responsibility for the timeliness, deletion, misdelivery
or failure to store any user communication.
You
acknowledge and agree (1) that your use of this website is at
your own discretion and risk, (2) that use of any material,
information or data downloaded or otherwise obtained through the
use of this website is at your own discretion and risk, and (3)
that you are solely responsible for any damage to your computer
system for loss of data that results from the download of such
material, information or data, and for any other form of damage
that may be incurred. Mesquite Springs does not warrant or
guarantee that files or other materials and information
available through this website will be free of infections,
viruses, worms, Trojan horses or other code that could be
harmful to your computer system. NONE OF THE PARTIES
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR
ITS CONTENT, INCLUDING WITHOUT LIMITATION MESQUITE SPRINGS,
SHALL BE LIABLE TO USERS OF THIS WEBSITE FOR ANY DAMAGE
RESULTING FROM USE OF THIS WEBSITE OR USE OF MATERIAL,
INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS
WEBSITE, NOR ARE SUCH PARTIES IN ANY WAY RESPONSIBLE FOR THE
CONDUCT OF USERS OF THIS WEBSITE OR FOR INFORMATION POSTED OR
EXCHANGED ON THIS WEBSITE.
No
advice or information, whether oral or written, obtained by you
from Mesquite Springs or in any manner from this website shall
create any warranty.
Third-Party Websites
This
website may link to, or be linked to, other websites not
maintained by or related to Mesquite Springs. Such links
are provided only as a service to our visitors. Mesquite Springs
is not, directly or indirectly, implying any approval,
association, sponsorship, endorsement or affiliation with the
linked or linking website, unless specifically stated therein.
Mesquite Springs has not reviewed all such websites and is not
responsible for the content, accuracy, or policies of any such
websites. Your linking to any other pages or websites is
at your own risk.
Privacy Policy
By your
access and use of this website, you hereby agree to the terms of
the
Mesquite Springs Privacy Policy, which are incorporated into
these Terms & Conditions by this reference.
Indemnification
You
agree to indemnify, defend and hold harmless Mesquite Springs,
its officers, representatives, directors, employees, consultants
and agents from any and all losses, expenses, third-party
claims, liabilities, damages and costs (including without
limitation attorneys’ fees) arising from your use of this
website, your use of any material, information or data
downloaded or otherwise obtained from this website, or your
violation of these Terms & Conditions, including without
limitation, your infringement of any intellectual property or
other right of Mesquite Springs or any other person or entity.
Interpretation and Disputes
These
Terms & Conditions are governed by the laws of the United States
and the State of Arizona, without regard to any conflict of laws
provisions. Venue shall be proper exclusively in Yavapai
County, Arizona with respect to any dispute arising under these
Terms & Conditions, unless otherwise specifically agreed by
Mesquite Springs in its sole discretion. In the event of
any dispute, the prevailing party shall be entitled to recovery
of its reasonable attorneys’ fees and costs. If a court or
arbitrator deems any provision of these Terms & Conditions
unenforceable or invalid, then the court or arbitrator shall
modify such provision to the minimum extent necessary to make
such provision enforceable and valid. Should such
modification prove impossible or impracticable then the
provision shall be severed and the remaining terms of these
Terms & Conditions shall be interpreted and read to give them
maximum enforceability. Any cause of action or claim with
respect to this website must be commenced within one (1) year
after the action or claim arises.
Entire Agreement
By your
access or use of this website, you hereby agree to these Terms &
Conditions. These Terms & Conditions, together with the Mesquite
Springs, Ltd. Privacy Policy and Application Agreement (if
applicable) constitute the entire agreement between you and
Mesquite Springs with respect to your access and use of this
website and supersede all prior or contemporaneous
understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of these Terms
& Conditions will be effective only if in writing and signed by
Mesquite Springs. These Terms & Conditions will inure to
the benefit of Mesquite Springs’s successors and assigns.
Electronic Communications
You
acknowledge that these Terms & Conditions are a valid and
binding agreement. To the fullest extent permitted by law,
you agree that these Terms & Conditions and any other
documentation, agreements, notices or communications between you
and Mesquite Springs may be provided to you electronically.
Please print a copy of all such documentation, agreements,
notices or other communications for your reference.
Contacting Us
If you
have any other questions or concerns regarding these Terms &
Conditions, please contact us at:
Mesquite
Springs
407
Boulder Ln.
Cottonwood, AZ 86326
Voice:
(928) 649-5991
Fax:
(928) 639-2899
info@mesquitespringsaz.com
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