Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mackinaw Mill Creek Camping, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Responsibility of Contributors. If you comment on a post or page of the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mackinaw Mill Creek Camping or otherwise.
By submitting Content to Mackinaw Mill Creek Camping for inclusion on the Website, you grant Mackinaw Mill Creek Camping a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website.
Without limiting any of those representations or warranties, Mackinaw Mill Creek Camping has the right (though not the obligation) to, in Mackinaw Mill Creek Camping's sole discretion (i) refuse or remove any content that, in Mackinaw Mill Creek Camping's reasonable opinion, violates any Mackinaw Mill Creek Camping policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mackinaw Mill Creek Camping's sole discretion.
- Payment and Renewal.
- General Terms.
By requesting a reservation, you agree to pay Mackinaw Mill Creek Camping the fees indicated (additional payment terms may be included in other communications).
- General Terms.
- Responsibility of Website Visitors. Mackinaw Mill Creek Camping has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Mackinaw Mill Creek Camping does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mackinaw Mill Creek Camping disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CampMackinaw.com links, and that link to CampMackinaw.com. Mackinaw Mill Creek Camping does not have any control over those non-Mackinaw Mill Creek Camping websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mackinaw Mill Creek Camping website or webpage, Mackinaw Mill Creek Camping does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mackinaw Mill Creek Camping disclaims any responsibility for any harm resulting from your use of non-Mackinaw Mill Creek Camping websites and webpages.
- Copyright Infringement and DMCA Policy. As Mackinaw Mill Creek Camping asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CampMackinaw.com violates your copyright, you are encouraged to notify Mackinaw Mill Creek Camping in accordance with Mackinaw Mill Creek Camping's Digital Millennium Copyright Act ("DMCA") Policy. Mackinaw Mill Creek Camping will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mackinaw Mill Creek Camping will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mackinaw Mill Creek Camping or others. In the case of such termination, Mackinaw Mill Creek Camping will have no obligation to provide a refund of any amounts previously paid to Mackinaw Mill Creek Camping.
- Intellectual Property. This Agreement does not transfer from Mackinaw Mill Creek Camping to you any Mackinaw Mill Creek Camping or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mackinaw Mill Creek Camping. Mackinaw Mill Creek Camping, CampMackinaw.com, the CampMackinaw.com logo, and all other trademarks, service marks, graphics and logos used in connection with CampMackinaw.com, or the Website are trademarks or registered trademarks of Mackinaw Mill Creek Camping or Mackinaw Mill Creek Camping's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mackinaw Mill Creek Camping or third-party trademarks.
- Changes. Mackinaw Mill Creek Camping reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mackinaw Mill Creek Camping may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Mackinaw Mill Creek Camping may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. Mackinaw Mill Creek Camping can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Mackinaw Mill Creek Camping and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mackinaw Mill Creek Camping nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Revisions and Errata. The materials appearing on Mackinaw Mill Creek Camping's web site could include technical, typographical, or photographic errors. Mackinaw Mill Creek Camping does not warrant that any of the materials on its web site are accurate, complete, or current. Mackinaw Mill Creek Camping may make changes to the materials contained on its web site at any time without notice. Mackinaw Mill Creek Camping does not, however, make any commitment to update the materials.
- Limitation of Liability. In no event will Mackinaw Mill Creek Camping, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mackinaw Mill Creek Camping under this agreement during the twelve (12) month period prior to the cause of action. Mackinaw Mill Creek Camping shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Mackinaw Mill Creek Camping, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Mackinaw Mill Creek Camping and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mackinaw Mill Creek Camping, or by the posting by Mackinaw Mill Creek Camping of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cheboygan County, Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Mackinaw City, Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mackinaw Mill Creek Camping may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Like most website operators, Mackinaw Mill Creek Camping collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Mackinaw Mill Creek Camping's purpose in collecting non-personally identifying information is to better understand how Mackinaw Mill Creek Camping's visitors use its website. From time to time, Mackinaw Mill Creek Camping may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Mackinaw Mill Creek Camping also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on CampMackinaw.com blogs/sites. Mackinaw Mill Creek Camping only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Mackinaw Mill Creek Camping's websites choose to interact with Mackinaw Mill Creek Camping in ways that require Mackinaw Mill Creek Camping to gather personally-identifying information. The amount and type of information that Mackinaw Mill Creek Camping gathers depends on the nature of the interaction. For example, we ask visitors to CampMackinaw.com to provide a username and email address when posting a comment. Those who engage in transactions with Mackinaw Mill Creek Camping are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Mackinaw Mill Creek Camping collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Mackinaw Mill Creek Camping. Mackinaw Mill Creek Camping does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Mackinaw Mill Creek Camping may collect statistics about the behavior of visitors to its websites. Mackinaw Mill Creek Camping may display this information publicly or provide it to others. However, Mackinaw Mill Creek Camping does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Mackinaw Mill Creek Camping discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Mackinaw Mill Creek Camping's behalf or to provide services available at Mackinaw Mill Creek Camping's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Mackinaw Mill Creek Camping's websites, you consent to the transfer of such information to them. Mackinaw Mill Creek Camping will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Mackinaw Mill Creek Camping discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Mackinaw Mill Creek Camping believes in good faith that disclosure is reasonably necessary to protect the property or rights of Mackinaw Mill Creek Camping, third parties or the public at large. If you have supplied your email address to a Mackinaw Mill Creek Camping website for any reason, Mackinaw Mill Creek Camping may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Mackinaw Mill Creek Camping and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Mackinaw Mill Creek Camping takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Mackinaw Mill Creek Camping, or substantially all of its assets, were acquired, or in the unlikely event that Mackinaw Mill Creek Camping goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Mackinaw Mill Creek Camping may continue to use your personal information as set forth in this policy.
If you have questions or concerns, please contact us using the information below:
Mackinaw Mill Creek Camping
9730 US Hwy 23
P.O. Box 728
Mackinaw City, MI 49701