TERMS | Thunderbird Resort | Mt Carmel Jct UT

Terms & Conditions

The Thunderbird Resort website and social media accounts represent a caring and enthusiastic online community. In keeping with this shared spirit, we ask that you follow a few guidelines when interacting with us online.

Please do not use profanity in your messages.
Please do not post personal attacks, or excessive and explicit criticism of fellow participants.
Please avoid excessive negativity, and incitement and/or approval of violent or illegal activities.
Please do not post unlawful or objectionable content, including unlawful, harassing, defamatory, abusive, threatening, harmful, graphic, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material.
We do not allow advertising.
Please avoid spamming or off-topic material.
If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.
We will remove content and messages which do not follow the above guidelines. Thunderbird Resort reserves the right to delete any contribution, or take action against any account, at any time, for any reason. We reserve the right to modify or expand the above guidelines as necessary.

We welcome your access and use of this website and its associated social media accounts. As consideration for access to and use of this website, you agree to abide by these Terms & Conditions, including the Privacy Notice. If you do not agree to all of these terms and conditions, please do not access or otherwise use this website, associated social media accounts, or any of their contents or services. These Terms & Conditions may be revised periodically, and we advise you to check here from time to time for any changes. Your continued use of this website and its associated social media channels shall be deemed your consent to such changes.

Intellectual Property - Use of Website Content

The design of this website and all materials published on it by Thunderbird Resort, including text, names, trademarks, service marks, logos, graphics, photographs, video, or other visuals or content are the property of Thunderbird Resort and are protected by copyright, trademark, and other intellectual property laws. Thunderbird Resort authorizes you to view and download the content portion of this website only for your personal, non-commercial use and only if you keep on any copies all copyright and other proprietary notices contained on the original materials. You agree you will not otherwise reproduce, retransmit or distribute, in any manner or to any extent whatsoever, any part of this website, its design or content published by Thunderbird Resort, without the prior written permission of Thunderbird Resort. Permission will only be granted if you agree to give credit to the author and to Thunderbird Resort. Note: Resources available on Thunderbird Resort's website and social media accounts are available for use and reproduction without prior contact as long as credit is appropriately given as stated above.

If you would like permission to reproduce any other Thunderbird Resort materials on this website, please contact us at info@thunderbirdutah.com. Please specify the URL and article or feature you would like permission to reproduce. Reproduced text may not be modified or altered in any way without our express written consent. The content permitted to be copied as specified above does not include the layout or design of this website. Those elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. Also, no logos, graphics, sounds or images on this website may be reproduced or distributed without Thunderbird Resort’s express written consent.

Postings or Uploads to Social Media Pages, Groups, Feeds, Forums or Blogs

By posting content, including but not limited to text and photographs, to any Social Media Pages, Groups, Feeds, Forums or Blogs, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content, or that your use of the content is a protected fair use under copyright law. You agree you will not knowingly provide content with intent to defraud or submit misleading or false information. You represent and warrant also the content you supply does not violate these Terms and you will indemnify and hold Thunderbird Resort harmless for any and all claims resulting from content you supply.

By uploading or posting to Social Media Pages, Groups, Feeds, Forums or Blogs, you are granting Thunderbird Resort a non-exclusive, royalty-free, assignable, perpetual, irrevocable, and worldwide license to reproduce, use and distribute your content. Thunderbird Resort will make an effort to credit your authorship.

You understand and agree all content posted to Social Media Pages, Groups, Feeds, Forums or Blogs is the sole responsibility of the individual who originally posted the content. Thunderbird Resort does not necessarily approve of and is not responsible for and disclaims any and all liability that may arise from content posted by you or other individuals or groups on the Social Media Pages, Groups, Feeds, Forums or Blogs. If you believe any content posted by others is infringing or otherwise objectionable, please notify us at info@thunderbirdutah.com.

You agree that Thunderbird Resort has the right in its sole discretion to edit, alter, or remove any content submitted by you or others to this website or associated social media accounts.

User Conduct

Thunderbird Resort’s website and social media accounts are intended to encourage interaction and discussion. Please do not post personal attacks or excessive and explicit criticism against any individuals, groups, or entities.

You may not create and use multiple login ID's for the purpose of disrupting the community or annoying other users.

In addition, you are prohibited from uploading, posting, emailing or otherwise transmitting any unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, "junk mail," "spam," "chain letters, “pyramid schemes," any other form of solicitation, or software viruses.

Thunderbird Resort reserves the right to remove at its sole discretion any upload or posting that violates these Terms of Use. We reserve the right to take all available and appropriate legal action to protect this website, its contents, and social media accounts associated with the organization from such misuse and abuse.

DISCLAIMERS

YOUR ACCESS TO AND USE OF THIS WEBSITE AND SOCIAL MEDIA ACCOUNTS ASSOCIATED WITH THUNDERBIRD RESORT ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES RELATED TO THIS SITE AND SOCIAL MEDIA ACCOUNTS ASSOCIATED WITH THE COMPANY. THUNDERBIRD RESORT DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE AND SOCIAL MEDIA ACCOUNTS ASSOCIATED WITH THE COMPANY; (B) THAT THIS WEBSITE AND SOCIAL MEDIA ACCOUNTS ASSOCIATED WITH THE COMPANY WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS; (C) THAT ANY DEFECTS IN THE WEBSITE OR ITS CONTENT CAN OR WILL BE CORRECTED; OR (D) THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR MATERIALS. THIS WEBSITE, ITS CONTENTS, AND SOCIAL MEDIA ACCOUNTS ASSOCIATED WITH THE COMPANY ARE PROVIDED "AS IS." THUNDERBIRD RESORT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE CONTENT. THUNDERBIRD RESORT IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, PROPERTY OR PERSON, OR ANY OTHER INCONVENIENCE OR LOSS, RESULTING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR SOCIAL MEDIA ACCOUNTS ASSOCIATED WITH THE COMPANY.

Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you.

This Disclaimer applies to all content and services available through this site.

DISCLAIMER AND RELEASE OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THUNDERBIRD RESORT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE OR ASSOCIATED SOCIAL MEDIA ACCOUNTS OR THE INFORMATION CONTAINED ON THIS WEBSITE OR ASSOCIATED SOCIAL MEDIA ACCOUNTS, EVEN IF THUNDERBIRD RESORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE NEVER TO BRING A CLAIM AGAINST AND RELEASE THUNDERBIRD RESORT AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, FOUNDERS AND ITS SUCCESSORS AND ASSIGNS FROM ALL LIABILITY ARISING FROM ACCESS, UPLOADS, POSTINGS, EMAILS, DOWNLOADS OR OTHER USE OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO GROUP PAGES, MEMBER PROFILES, FORUMS AND BLOGS) AND LINKED SITES. YOU UNDERSTAND THAT THIS AGREEMENT DISCHARGES THUNDERBIRD RESORT AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, FOUNDERS AND ITS SUCCESSORS AND ASSIGNS FROM ANY LIABILITY TO YOU WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, INJURY TO REPUTATION, DEFAMATION, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS THAT MAY RESULT AS A RESULT OF ACCESS, UPLOADS, POSTINGS, EMAILS, DOWNLOADS OR OTHER ACTIVITIES OR USE RELATED TO THE WEBSITE, ITS GROUP PAGES, MEMBER PROFILES, FORUMS AND BLOGS AND THEIR CONTENT AND LINKED SITES.

Indemnification

You agree to defend, indemnify, and hold Thunderbird Resort and its employees, agents, officers, directors, agents, founders, successors and assigns harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your access, uploads, postings, emails, downloads or other use or misuse of this website, the Group Pages, Member profiles, forums and blog, and linked websites. Thunderbird Resort may participate in the defense of any claim or action and any negotiations for settlement at your expense. Thunderbird Resort reserves the right, upon notice to you, to assume exclusive defense and control of any claim or action against it that is subject to indemnification by you, without relieving you of your indemnification obligations.

Interpretation

If any provision of these Terms & Conditions is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any condition of the Terms of Use or Privacy Policy term shall be a waiver of that or any other term or condition.

Links to Third Party Sites

This website may contain hyperlinks to websites operated by persons or entities other than Thunderbird Resort. If you decide to access or use any such third party websites, you do this entirely at your own risk. The linked sites are not under the control of Thunderbird Resort and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Thunderbird Resort.

Choice of Law and Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of Utah, excluding choice of law provisions. You expressly agree the exclusive jurisdiction for any claim or action arising out of or relating to these Terms & Conditions or your use of this site shall be in the state or federal courts located in the State of Utah, and you further agree and submit to the exercise of personal jurisdiction of those courts for the purpose of litigating any such claim or action.

Thunderbird Resort controls this website from its offices in the United States of America. Thunderbird Resort makes no representation that information and materials on this website ("Materials") are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any rights not expressly granted herein are reserved by Thunderbird Resort.