Effective Date: March 3, 2026
These Online Terms of Use (these “Terms of Use”) apply to those who visit, download, or use, as applicable, the websites, mobile applications, or online services of Herschend Family Entertainment Corporation, and its subsidiaries and affiliates (collectively, “Herschend”, “we”, or “us”) and Content (as defined below) available on such websites or online services (collectively, the “Online Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING YOUR ASSUMPTION OF RISK AND WAIVER OF LIABILITY. THESE TERMS OF USE ARE AN AGREEMENT BETWEEN YOU AND US UNDER WHICH YOU MAY USE AND ACCESS THE ONLINE SERVICES. BY ACCESSING AND USING THE ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY NOTICE HEREBY INCORPORATED HEREIN, AND THE DISPUTE RESOLUTION PROCEDURES, NO CLASS RELIEF, AND THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR ACCESS THE ONLINE SERVICES. YOUR USE OF THE ONLINE SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS APPLICABLE TO SPECIFIC ONLINE SERVICES, SUCH AS OUR TERMS OF SALE. REFERENCES TO “HERSCHEND” IN THESE TERMS OF USE INCLUDE HERSCHEND ENTERTAINMENT COMPANY, LLC D/B/A HERSCHEND FAMILY ENTERTAINMENT AND ITS SUBSIDIARIES AND AFFILIATES, INDIVIDUALLY, EACH OF WHOM MAY SEPARATELY ENFORCE THE RIGHTS UNDER THESE TERMS OF USE.
If you access, register an account, or otherwise use the Online Services, you represent that you are at least the age of majority in your jurisdiction. Any person who is under the age of majority is only permitted to access the Online Services under the supervision of a legal guardian who agrees to be bound to these Terms of Use on that person’s behalf.
1. Modifications to these Terms of Use. We may revise these Terms of Use from time to time, in which case we will post the modified Terms of Use and change the Effective Date at the top of this page. As such, you should periodically review these Terms of Use, to which you are bound.
2. Registration / Your Account. To use certain features of the Online Services, you may be required to register an account (“Account”) with Herschend (“Registration”). By creating an Account, you agree to: (i) provide accurate, current, and complete information about yourself and update it as necessary; (ii) maintain the security of your login information; (iii) accept responsibility for all activities that occur under your Account; and (iv) immediately notify us if you become aware of any unauthorized use of your Account. Herschend has no obligation to verify the authenticity of any Registration information, and we reserve the right, in our sole discretion, to accept or reject your Registration and/or to restrict or deny your access to the Online Services. You may not transfer, assign, or sell your Account to any third party. For questions related to updating or changing your Account information, you may email info@hfecorp.com.
3. User Information. “User Information” is defined as any and all information or data you provide to Herschend or that Herschend obtains from you during Registration or through your use of the Online Services, including, but not limited to, information you provide through online forms or when making online purchases, emails or other communications you send to us, and other similar submissions. You represent and warrant that your User Information (i) is not false, inaccurate, incomplete, or misleading; (ii) is not fraudulent; (iii) does not infringe any third party’s trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights, or other intellectual property or proprietary rights (collectively, “Infringement Violations”); (iv) does not violate any applicable federal, state, local, or foreign law, statute, ordinance, or regulation; (v) is not defamatory, libelous, unlawfully threatening, or unlawfully harassing; (vi) is not obscene and does not contain pornography; (vii) does not contain any malware including viruses, Trojan horses, worms, time bombs, or other computer scripts or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (viii) does not create liability for Herschend; and (ix) does not link directly or indirectly to another website or service. Herschend has the right but not the obligation to monitor and edit or remove any User Information. All User Information and other personal information we collect from you is processed in accordance with our Privacy Notice available at https://www.livingshores.com/privacy.
4. License to Submitted Content.You grant to Herschend an unrestricted, irrevocable, royalty-free license to display, use, modify, perform, reproduce, transmit, and distribute any information you submit to Herschend through the Online Services (“Submitted Content”) for any and all commercial and noncommercial purposes. Notwithstanding the foregoing, if any ownership in your information remains with you, you hereby grant Herschend a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and perform your Submitted Content. You acknowledge and agree that Herschend may preserve or delete Submitted Content at any time and for any purpose. You also acknowledge and agree that you are not guaranteed access to Submitted Content at any time or for any purpose. Furthermore, Herschend may disclose Submitted Content if Herschend determines that: (i) disclosure is necessary or appropriate to enforce these Terms of Use, respond to claims that any Submitted Content violates the rights of third parties, or protect the rights, property, or personal safety of Herschend, its users, and the public; or (ii) appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize Herschend to include Submitted Content in a searchable format that may be accessed by users of the Online Services, provided, however, that Herschend shall have no liability for Submitted Content that can be public and visible on the Online Services or search engines, including after deletion of such Submitted Content by you or Herschend.
Feedback. You also agree that Herschend is free to use any ideas, concepts, or techniques that you send to Herschend through the Online Services (collectively, “Feedback”), for any purpose, including, but not limited to, developing and marketing efforts that incorporate such Feedback. By providing any Feedback, you grant Herschend and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Feedback for any purpose.
5. Modifications and Access to the Online Services. You understand and agree that Herschend may discontinue or change any of the Online Services at any time without notice. Also, you understand and agree that Herschend may discontinue or restrict your use of the Online Services for any reason without notice.
6. Herschend’s Proprietary Rights, Limited Licenses, Trademarks, and Trade Secrets. The content, features, and functions displayed on the Online Services, including without limitation text, graphics, logos, button icons, images, audio clips, video, data compilations, and software (“Herschend Content” and, collectively with Submitted Content, the “Content”), are the property of Herschend or its third party licensors, and are protected by U.S. and international copyright and other intellectual property laws. Unless otherwise noted, the design of the Online Services, the Online Services as a whole, and the logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties including those of Herschend are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Herschend (our licensors, subsidiaries, or affiliates) (“Herschend Marks”). Third party trademarks and trade names are the property of their respective owners. Nothing contained on the Online Services grants, or should be understood or construed as granting, you a license to use any of the Herschend Marks.
7. Content Use Limitations. You agree not to copy, reproduce, modify, adapt, display, translate, transmit, perform, publish, create derivative works from, or store any Content from the Online Services without the express prior written consent of Herschend. You also agree not to distribute, transmit, broadcast, or circulate any Content to others, without the express prior written consent of Herschend. Subject to your strict compliance with these Terms of Use, Herschend grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to reproduce, distribute, display, or transmit an insubstantial portion of such Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with that portion of the Content, in the same form in which the notices appear on the Online Services, and the phrase “Used with permission from Herschend.” You may not post any Content to any non-Herschend owned or controlled websites, forums, newsgroups, mail lists, social media services, or other online locations, without the prior written consent of Herschend. Any use of the Content pursuant to this Section shall be for noncommercial purposes only. Herschend Content includes information, tips, facts, views, and opinions Herschend deems worthy of publication. HERSCHEND DOES NOT GIVE TECHNICAL, BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION WITH THE ONLINE SERVICES.
8. Prohibitions. You are prohibited from taking, or attempting to take, any actions that may compromise the security features of the Online Services, including, without limitation: (i) accessing any Content not intended for you, or logging onto a server or account that you are not authorized to access or use; (ii) probing, scanning, or testing the vulnerability of the Online Services or any associated system or network, or breaching security or authentication measures without proper authorization; (iii) interfering with services to any user, host, or network, including, without limitation, by means of submitting a virus to the Online Services, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Online Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of Herschend’s websites or the Online Services without Herschend’s prior written permission; (vi) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Online Services; (vii) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer scripts or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) modifying, reverse-engineering, decompiling, disassembling, or otherwise reducing to a human-perceivable form any of the source code used by Herschend in providing the Online Services; (ix) using the Online Services to “stalk,” harass, abuse, defame, threaten, defraud others, or violate the privacy or other rights of any third party; (x) use the Online Services for the sale or advertisement of other products or services; or (xi) post, store, send, transmit, or disseminate any Submitted Content that a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, or otherwise offensive or unlawful. Any violation of system or network security may subject you to civil and/or criminal liability. Our Online Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any laws is strictly prohibited. You agree not to use the Online Services in any manner which causes, or may cause, any Infringement Violations with respect to the property of Herschend or any third party. The burden of proving that your activities in connection with the Online Services do not violate any laws or cause any Infringement Violations rests solely with you.
9. Violations. Herschend may investigate reports of abuse or misuse and, if appropriate, limit or prohibit your use of the Online Services or modify your Account to reflect its determinations. You agree that we may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Online Services. Herschend does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Herschend reserves the right to terminate your Account or your access to the Online Services immediately, with or without notice to you, if we believe you have violated these Terms of Use, including if you have furnished Herschend with false or misleading information or interfered with another party’s use of the Online Services. All determinations are final and are made at Herschend’s sole discretion. In agreeing to these Terms of Use, you agree to participate in investigations and be bound by Herschend’s determinations. If Herschend, in its sole discretion, determines that a violation of these Terms of Use has occurred, or if Herschend believes that your actions may cause legal liability for you, other users or us, Herschend may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any Submitted Content from our Online Services, suspending or canceling your Account, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any terms of these Terms of Use. Herschend may cooperate with any investigation by any federal, state, or local body or any court or tribunal. Such cooperation may be with or without notice to you.
10. Mobile Applications. Our mobile applications (“Apps”) are designed to work on compatible iOS and Android mobile devices and are generally available through the Apple App Store and the Google Play Store (each an “App Store”). If you are accessing the Online Services through an App, you represent that you have read and agreed to the relevant App Store’s terms and conditions.
You understand and agree that your mobile service carrier and Internet service provider are responsible for their products and services, not Herschend. Accordingly, you agree to resolve any problems with your mobile device and/or service directly with your carrier or provider, without involving us.
Terms Specific to Apple Mobile Devices. If you are accessing or using the App on any Apple mobile device, the following additional terms and conditions are applicable to your use of the App and are hereby incorporated into these Terms of Use. You acknowledge that these Terms of Use are entered into between you and Herschend, and that Apple, Inc. (“Apple”) is not a party to these Terms of Use, other than as a third-party beneficiary as contemplated below.
Herschend in its sole discretion will determine whether and when the App will be available on any Apple mobile device, and reference to any device in these Terms of Use shall not guarantee that Herschend will launch the App on any Apple mobile device.
When accessing and/or using the Online Services via the App, the rights granted to you in these Terms of Use are subject to the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/us/terms.html, including all “Usage Rules” set forth therein, as well as any other third-party terms of agreement applicable to the App.
You acknowledge that Herschend, and not Apple, is responsible for providing the App and its content.
As between Herschend and Apple, Herschend is solely responsible for providing any maintenance and support services with respect to the App that Herschend may offer (at Herschend’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
You and Herschend acknowledge that Herschend, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Further, you agree that if the App, or your possession and use of the App, infringes a third party’s intellectual property rights, Herschend, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the App.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App. You may not use the App on a “jailbroken” device that has a firmware or software configuration that has not been authorized by Apple.
TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS OF USE, HERSCHEND, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A USER OF THE ONLINE SERVICES AND IF THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS HERSCHEND’S SOLE RESPONSIBILITY.
Terms Specific to Android Mobile Devices. If the App is provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, you acknowledge and agree that Google is not responsible for providing support services for the App.
If any of these Terms of Use are inconsistent with the Google Play Developer Distribution Agreement (the current version as of the date of these Terms is located at https://play.google.com/about/developer-distribution-agreement.html), then the terms set forth in Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
11. DISCLAIMER OF WARRANTIES. Although Herschend strives to provide high quality content, Herschend does not guarantee or warrant the accuracy, completeness, or timeliness of the Content. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE ONLINE SERVICES, INCLUDING ITS CONTENT, ARE AT YOUR SOLE DISCRETION AND RISK. THE ONLINE SERVICES (INCLUDING CONTENT SUCH AS ITEM DESCRIPTIONS) ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERSCHEND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, TRUTHFULNESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE ONLINE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT THEREON), OR COMPLETENESS OF THE INFORMATION POSTED WITH RESPECT TO ANY ITEMS OFFERED FOR BID OR SALE OR MATERIALS POSTED BY HERSCHEND, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS) OR ANY OTHER MATERIALS AVAILABLE THROUGH THE ONLINE SERVICES. HERSCHEND MAKES NO WARRANTY THAT THE ONLINE SERVICES, INCLUDING THE CONTENT, WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO OR USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY DOCUMENT AND/OR DATA DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL AND/OR DATA. HERSCHEND MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY INFORMATION OBTAINED FROM ANY LINKED THIRD PARTY SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY. BY USING THE ONLINE SERVICES, INCLUDING THE CONTENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL HERSCHEND OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OR THIRD PARTY LICENSORS BE LIABLE FOR (I) ANY INFORMATION (REGARDLESS OF WHETHER PROVIDED OR OMITTED BY HERSCHEND, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS)) CONTAINED IN, DISPLAYED ON, OR OMITTED FROM THE ONLINE SERVICES; (II) ANY PERSON’S RELIANCE ON THE ONLINE SERVICES, INCLUDING THE CONTENT (REGARDLESS OF WHETHER PROVIDED BY HERSCHEND, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS)), WHETHER OR NOT THE ONLINE SERVICES, INCLUDING THE CONTENT, ARE CORRECT (OR ADEQUATELY PERFORMED), CURRENT OR COMPLETE; (III) THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON THE ONLINE SERVICES BY OR AS A RESULT OF THE USE OF THE ONLINE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR OR OTHER USER’S TRANSMISSIONS OR DATA; (V) THE LOSS OF ANY PERSONAL INFORMATION THROUGH THE ONLINE SERVICES; (VI) DAMAGES CAUSED BY ANY ITEM OR SERVICE BOUGHT THROUGH THE ONLINE SERVICES; (VII) ANY CONDUCT BY ANY USER ASSOCIATED WITH THE ONLINE SERVICES, INCLUDING WITHOUT LIMITATION ANY SURVEYS, CHAT ROOMS, MESSAGE BOARDS, OR OTHER ONLINE SERVICES CURRENTLY OFFERED OR OFFERED IN THE FUTURE. IN NO EVENT SHALL HERSCHEND OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF HERSCHEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. IN THE EVENT HERSCHEND IS FOUND LIABLE, ITS LIABILITY TO YOU IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. These limitations apply, among other things, to any third party claims against Herschend. You agree that the provisions represent a reasonable allocation of the risks under these Terms of Use and that Herschend allows you to access and use the Online Services based on the allocation of risk and the limitations of liability specified herein.
13. WAIVER OF CLAIMS. BY USING THE ONLINE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO AND DO THEREBY WAIVE ALL CLAIMS WHICH HAVE NOT BEEN FILED BUT MAY HAVE ACCRUED AGAINST HERSCHEND OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES PRIOR TO OR AS OF THE DATE OF YOUR ACCESS TO OR USE OF THE ONLINE SERVICES, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE ONLINE SERVICES, WHETHER IN LAW OR EQUITY, AND SUCH CLAIMS ARE FOREVER BARRED.
14. Indemnity. You agree to defend, indemnify, and hold harmless Herschend, including its officers, directors, partners, shareholders, employees, contractors, agents, licensors, suppliers, service providers, advertisers, instructors, staff, successors, and/or assigns against any and all claims and expenses, including attorneys’ fees, resulting from or otherwise arising out of your access to or use of the Online Services or breach of these Terms of Use, including, but not limited to: forum postings; communications by and among you, Herschend, other users, our business partners, and/or other third parties; and Infringement Violations and any other violation of law by you.
15. Revocation of Access. Herschend reserves the right, at any time and at its sole discretion, to suspend or revoke your access to the Online Services or any use authorizations relating to the Online Services granted to you.
16. DISPUTE RESOLUTION; CLASS ACTION WAIVER; JURY WAIVER. Herschend seeks to resolve disputes amicably and efficiently, and many customer inquiries can be resolved by emailing info@hfecorp.com. In the unlikely event that a disagreement arises between you and Herschend regarding, relating to, or connected in any way with the Online Services (a “Dispute”), you agree that, before initiating any legal action, you will first provide us written notice (a “Notice of Dispute”) via email at info@hfecorp.com so that we may work with you in good faith to find a mutually agreeable solution. Your Notice of Dispute must describe the nature and basis of the Dispute, and set forth the specific relief you are seeking.
During the sixty days from the date we receive your Notice of Dispute, both parties agree to engage in good faith efforts to resolve the Dispute. During this sixty day period, both parties agree to toll any statutes of limitations that may apply, along with any filing deadlines.
We will consider reasonable requests to resolve a Dispute through alternative dispute resolution procedures, such as mediation or arbitration.
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL AND YOU AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PROCEEDING.
To the fullest extent permitted by applicable law, you must assert any Dispute (by delivery of the Notice of Dispute) within one year after the Dispute arises, or it will be forever barred.
17. Jurisdiction. You acknowledge that the Online Services, including the Content, are controlled in and originate from the United States. Herschend makes no representation that any of the Content is appropriate or available for use in other locations. Herschend has no responsibility for any access to the Online Services from territories where the Content may be illegal or otherwise prohibited. If you choose to access the Online Services from other locations, you do so at your own risk, and you are responsible for compliance with applicable local laws.
18. Notices. Any notices given pursuant to these Terms of Use that are directed to Herschend shall be given by personal delivery, overnight courier, or registered or certified mail to: Herschend Family Entertainment Corporation, Attn: Online Services Terms of Use, 157 Technology Parkway, Suite 100, Peachtree Corners, GA, 30092. We may update the address for notices to us by posting a notice on the Online Service. Notices provided by personal delivery will be effective immediately, provided that written confirmation of receipt is obtained and kept by you. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Any notice from Herschend that is directed to you shall be delivered (i) by posting to the Online Service; (ii) by email to the email address you provided us at the time of Registration; or (iii) by mail to the mailing address you provided us at the time of Registration. Notice shall be deemed given (i) immediately upon posting to the Online Services; (ii) twenty-four hours after email is sent, unless we are notified that the email address is invalid or; (iii) in the case of notice sent via mail, three business days after the date of mailing.
19. General. These Terms of Use constitute the entire agreement between Herschend and you with respect to your use of the Online Services and supersede all previous and contemporaneous agreements, proposals, and communications (written or oral), with respect to this subject matter. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of any section. If any part of these Terms of Use is deemed invalid or void, that part of these Terms of Use shall be deemed severable and shall not affect the validity or enforceability of any of the remaining Terms. Herschend’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms of Use. Herschend may terminate these Terms of Use for convenience at any time by sending a notice to you or terminating your access to the Online Services.