LATVIAN CENTER GAREZERS, INC.
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) BEFORE ENTERING THE TERRITORY OF THE LATVIAN CENTER GAREZERS, INC., REGISTERING FOR OR PARTICIPATING IN AN EVENT AT THE LATVIAN CENTER GAREZERS, INC., REGISTERING FOR OR PARTICIPATING IN PROGRAMMING OR EVENTS SPONSORED BY OR ASSOCIATED WITH THE LATVIAN CENTER GAREZERS, INC., OR UTILIZING SERVICES PROVIDED BY OR IN CONJUNCTION WITH THE LATVIAN CENTER GAREZERS, INC.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT ENTER OR REMAIN UPON THE TERRITORY OF THE LATVIAN CENTER GAREZERS, INC., REGISTER FOR OR PARTICIPATE IN AN EVENT AT THE LATVIAN CENTER GAREZERS, INC., REGISTER FOR OR PARTICIPATE IN PROGRAMMING OR EVENTS SPONSORED BY OR ASSOCIATED WITH THE LATVIAN CENTER GAREZERS, INC. OR UTILIZE SERVICES PROVIDED BY OR IN CONJUNCTION WITH THE LATVIAN CENTER GAREZERS, INC.
BY ENTERING OR REMAINING UPON THE TERRITORY OF THE LATVIAN CENTER GAREZERS, INC., REGISTERING FOR OR PARTICIPATING IN AN EVENT AT THE LATVIAN CENTER GAREZERS, INC., REGISTERING FOR OR PARTICIPATING IN PROGRAMMING OR EVENTS SPONSORED BY OR ASSOCIATED WITH THE LATVIAN CENTER GAREZERS, INC., OR UTILIZING SERVICES PROVIDED BY OR IN CONJUNCTION WITH THE LATVIAN CENTER GAREZERS, INC., YOU (OR YOUR PARENTS OR LEGAL GUARDIANS, IF YOU ARE NOT YET 18 YEARS OLD) ACKNOWLEDGE THAT YOU (AND YOUR PARENTS OR LEGAL GUARDIANS, IF YOU ARE NOT YET 18 YEARS OLD) HAVE READ AND UNDERSTAND THIS AGREEMENT, AND EXPRESSLY AGREE TO BE BOUND BY THIS AGREEMENT.
This Agreement is made and entered into between the Latvian Center Garezers, Inc. (“Garezers”) and the Guest, or the Guest’s parent or legal guardian, for themselves and the Guest, if the Guest has not yet reached 18 years of age. The Guest is the person whose name appears in the registration form that accompanies these Terms and Conditions. In valuable consideration of the authorization for the Use of Garezers, as described below, the parties agree as follows:
Section 1. The Use of Garezers, Use of Garezers License, and Use of Garezers Content. “The Use of Garezers” includes, but is not limited to, entry to or remaining upon Garezers territory, participation in an event at Garezers, participation in programming or events sponsored by or associated with Garezers, or utilizing services provided by or in conjunction with Garezers. This Agreement extends to all events and activities occurring during the Use of Garezers, at all locations where the Guest may be during the Use of Garezers, whether such events or activities take place at Garezers, or at such other venues or locations as are utilized during the Use of Garezers.
Subject to the Guest’s strict compliance with this Agreement, Garezers grants the Guest a limited, nonexeclusive, revocable, nonassignable, and nontransferable license to participate in the Use of Garezers. This license does not give the Guest any ownership of, or any legal or equitable interest in, Garezers, its property, or the Use of Garezers. The Guest may participate in the Use of Garezers only for personal, noncommercial purposes only unless otherwise authorized by the express, written consent of Garezers. Any unauthorized participation in the Use of Garezers is prohibited.
Garezers reserves the right to discontinue the Guest’s Use of Garezers, or suspend or terminate the Guest’s access to or participation in the Use of Garezers, at any time, without notice, for any reason and without any obligation to the Guest or any third party. Any suspension or termination will not affect the Guest’s obligations to Garezers, including any payment obligations to Garezers, and the Guest will not be entitled to a refund of any payments. Upon suspension or termination, or upon notice from Garezers, the Guest’s license to participate in the Use of Garezers will terminate immediately.
Section 2. Restrictions on Use. The Guest, as part of the Use of Garezers, may not engage in any activity that:
Violates a rule, regulation, or policy established by Garezers;
Violates an order or direction from Garezers staff;
attempts to or does harm to Garezers, the Use of Garezers, or others;
is unlawful, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to Garezers, in Garezers’ sole discretion;
violates any right of any third party;
interferes with another person’s access to Garezers or the proper operation of Garezers;
constitutes a commercial or political purpose without prior express, written consent of Garezers; or,
otherwise violate this Agreement, the terms and conditions of any third-party platform utilized as part of or during the Use of Garezers, or solicit, encourage, or facilitate anyone else to do so.
Section 3. Governing Law and Jurisdiction. The laws of the State of Michigan govern the interpretation and applicability of this Agreement, without regard to conflicts of law principles. The Parties irrevocably submit to the personal and subject-matter jurisdiction of the United States District Court for the Western District of Michigan, Southern Division, or the 45th Judicial Circuit Court for St. Joseph County, Michigan for the resolution of any disputes arising between them.
The Guest alone is responsible for compliance with any applicable laws regarding their participation in the Use of Garezers.
To help resolve any issues between the parties, the Guest and Garezers agree that the Guest, before instituting legal action against Garezers, must submit a Dispute Notice to Garezers, explaining, in writing, and delivered to the main office of Garezers, the nature of the dispute. Failure to submit a Dispute Notice to Garezers within one year after the events giving rise to the dispute arise, the Guest waives any and all claims or causes of action relating to the dispute, any other limitation period established by law notwithstanding. The Guest and Garezers agree that any disputes are to be addressed or litigated on an individual basis and will not be consolidated with any other disputes or proceedings that involve any claim or cause of action of any other party, including, but not limited to, class actions.
Section 4. Assumption of Risk. The Guest agrees that access to and participation in the Use of Garezers involves substantial and inherent risks, hazards, and dangers that may result in accident, exposure, illness, injury, incapacity, paralysis, death to or of the Guest, or damage to or destruction of the Guest’s property. The Guest understands, accepts, and voluntarily assumes all risk of accident, injury, incapacity, paralysis, death, or damage to or destruction of property resulting from participation in, conduct occurring during, and travel to or from the Use of Garezers. The Guest expressly acknowledges that access to and participation in the Use of Garezers is at the Guest’s sole risk.
Section 5. Limitation of Liability and Indemnification. The Guest shall hold harmless Garezers, its directors, officers, employees, agents, members, successors, and assigns for all injuries, damages, expenses, and other loss of any kind to the Guest’s person or property, including, but not limited to, destruction or death, resulting from participation in, conduct occurring during, and travel to or from the Use of Garezers, including, but not limited to, such injuries, damages, expenses, and other loss of any kind caused by the negligence of, or were foreseeable to, Garezers, its directors, officers, employees, and agents.
Under no circumstance will Garezers be responsible or liable for any loss or damages of any kind, including direct, indirect, economic, noneconomic, exemplary, special, punitive, incidental, or consequential damages that arise directly or indirectly from or are in any way related to or associated with the Use of Garezers.
The Guest shall defend, indemnify, and hold harmless Garezers, its directors, officers, employees, agents, members, successors, and assigns for all injuries, damages, expenses, and other loss (including attorney’s fees) arising from any claims relating to the Guest’s participation in, conduct occurring during, and travel to or from the Use of Garezers.
This provision limiting the liability of Garezers is a fundamental element of the basis of the bargain between the Guest and Garezers, and reflects a fair allocation of risk among and between the parties. Garezers would not provide the Use of Garezers without this limitation. If any part of this provision limiting the liability of Garezers is found invalid or unenforceable, then the Guest expressly agrees that aggregate liability of Garezers, its directors, officers, employees, agents, members, successors, and assigns shall be $100.
Section 6. Release of Claims. The Guest agrees to release Garezers, its directors, officers, employees, agents, members, successors, and assigns from any and all claims, demands, actions, and causes of action of every kind and nature which the Guest has or might have, arising out of participation in, conduct occurring during and travel to or from the Use of Garezers, including, but not limited to claims arising from the negligence of Garezers, its directors, officers, employees, and agents.
Section 7. Disclaimer of Representations and Warranties. The Use of Garezers is on an “as is,” “as available,” and “with all faults” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, GAREZERS DISCLAIMS AND MAKES NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE USE OF GAREZERS, GAREZERS, ITS PROPERTY, FACILITIES, SERVICES, FUNCTIONS, FEATURES, OR OTHER ELEMENTS, PRODUCTS, OR SERVICES, OFFERED OR REFERENCED AS PART OF OR THROUGH GAREZERS, THE SPECIFIC AVAILABILITY OF GAREZERS, WHETHER ANY DEFECTS IN GAREZERS WILL BE REPAIRED, OR WHETHER THE USE OF GAREZERS IS LAWFUL IN ANY OTHER PARTICULAR JURISDICTION.
GAREZERS HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, OR FREEDOM FROM ERRORS OR OTHER HARMFUL ELEMENTS.
In the event applicable law prevents the exclusion or disclaimer or certain warranties, Garezers then grants the minimum express or implied warranty required by such applicable law.
No advice, statement, or information obtained or received by Garezers, its directors, officers, employees, agents, members, successors, or assigns, whether orally or in writing, shall create any warranty, representation, or guarantee not expressly stated in this Agreement.
Section 8. Extent of Agreement. The Guest and Garezers agree that, in addition to strict compliance with the terms of this Agreement, the Guest also must strictly comply with all rules and regulations of Garezers as otherwise made available, online or in print, or distributed to the Guest. These additional terms, rules, and regulations are made part of this Agreement. The Guest and Garezers agree that, if the Guest leases a trailer site from Garezers, the terms of the Guest’s trailer lease agreement with Garezers are made part of this Agreement. With the incorporation of these additional terms, rules, and regulations, this Agreement constitutes the entire understanding and agreement between the Guest and Garezers.
Section 9. Communication. The Guest agrees to receive communications from Garezers electronically at the email address provided in connection with the Guest’s registration for the Use of Garezers. The Guest agrees that all agreements, notices, disclosures, or other communications that Garezers provides electronically satisfy any legal requirement that such communications be in writing.
Section 10. Understanding and Execution of this Agreement. The Guest acknowledges that he/she has had a reasonable opportunity to review and understand the terms of this Agreement. The Guest acknowledges that Garezers has given the Guest the meaningful choice regarding whether to agree to the terms of this Agreement. The Parties represent and warrant that they have the legal competence to enter into this Agreement and fulfill its terms. This Agreement is binding on the heirs, representatives, successors, and assigns of the Guest.
If the Guest has not yet reached 18 years of age, the Guest, and his parents or legal guardians, for the Guest and themselves, expressly acknowledge that the Guest’s parents or legal guardians have read this Agreement and expressly agree to be bound by its terms, both for the Guest and the Guest’s parents or legal guardians.
The Guest acknowledges that the terms of this Agreement, including all of its provisions, are clear and unequivocal with respect to the extent of the Garezers’ obligations or liabilities. The Guest agrees that this Agreement will not be construed against Garezers because Garezers drafted this Agreement.
The Guest agrees that by registering for or participating in the Use of Garezers, the Guest, or the Guest’s parent or legal guardian, for themselves and the Guest, if the Guest has not yet reached 18 years of age, are bound to the terms of this Agreement, as if they had fully executed the Agreement by handwritten or electronic signature. Completing the registration process for the Use of Garezers constitutes the electronic signature of the Guest or the Guest’s parent or legal guardian.
Section 11. Severability, Waiver, and Modification. The invalidity, in whole or in part, of any provision of this Agreement does not affect the validity of the remainder of the Agreement. The Parties may modify or amend this Agreement only by a writing signed and executed by all parties. No waiver by Garezers of any of terms of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized corporate officer of Garezers.
Section 12. Assignment and Delegation. The Guest may not delegate his/her obligations under this Agreement, in whole or in part. Garezeres may, in whole or in part, assign its rights or delegate its obligations under this Agreement to any party at any time with or without notice.
Section 13. Survival. The provisions set forth in the preamble, and Section 3, Section 4, Section 5, Section 6, and Section 7, shall survive the termination of this Agreement.
