These Terms of Use constitute a legally binding agreement made by and between Kalahari Resort and you. These Terms of Use govern your use of kalahariresorts.com (“Website”) so please read them carefully.

 

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: [email protected]