Terms of Use Terms and Conditions Effective Date: July 31, 2008 PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Bois d’Arc Venture I, LLC (“Bois d’Arc Trails”) provides this website and website-related services (collectively, the "Website") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between Bois d’Arc Trails and you, the Visitor, with respect to your use of this Website. YOUR USE OF THIS WEBSITE BINDS YOU TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY. If you do not agree to these terms and conditions, you must not use this Website.
As used in this Agreement, the words "you" and "your" refer to any person accessing the Bois d’Arc Trails Website. The words "we," us," and "our" refer to Bois d’Arc Trails.
Bois d’Arc Trails may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
Further, Bois d’Arc Trails reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that Bois d’Arc Trails shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).
If you have any questions about this Agreement, please contact us at
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IMPORTANT NOTICESBois d’Arc Trails makes available the information and materials on the Website (the "Materials") for general informational purposes only. Nothing depicted or represented on this site shall be interpreted as a representation of the availability of any goods or services. We make no representations as to the condition of the park or its suitability for any activities, whether depicted on this website or otherwise available. Each person entering the park premises must sign our License Agreement and must obtain prior permission before entering the park premises or being permitted to use the park for any activity, whether depicted on this website or otherwise available. Only Bois d’Arc Trails is authorized to grant permission to enter the park premises.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct. You agree not to use this Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any employment applicant, Bois d’Arc Trails employee, agent, member, manager, partner or representative; or expressing or implying that Bois d’Arc Trails endorses any statement you make. You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about Bois d’Arc Trails employees or other individuals identified on the Website, without their express written consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website, including Bois d’Arc Trails’ Intellectual Property thereon, without our prior express written authorization.
Bois d’Arc Trails’ INTELLECTUAL PROPERTY RIGHTSThis Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy any part of the Website for any other purpose without the express written consent of Bois d’Arc Trails, and you may not modify any part of this Website for any reason. Inclusion of any part of this Website in another work, whether in printed, electronic or other form, or inclusion of any part of the Website in another website by linking, framing or otherwise, is strictly prohibited without agreeing to Bois d’Arc Trails’ Terms and Conditions.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to Bois d’Arc Trails are trademarks and/or service marks owned by Bois d’Arc Trails. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of Bois d’Arc Trails is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized in the Website are the property of their respective owners. All rights reserved.
Bois d’Arc Trails can be reached by directing communications to:
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DESIGNATED AGENTIf you believe that any materials posted on this Website infringe the copyright in your work, please direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns:
Bois d’Arc Venture I, LLC Attn: Price Collins 3352 Broadway Blv #546 Garland, TX 75043
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LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL BOIS D’ARC TRAILS, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THIS WEBSITE. BOIS D’ARC TRAILS DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, BOIS D’ARC TRAILS DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY BOIS D’ARC TRAILS TO ANY INDIVIDUAL VIA THIS WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER BOIS D’ARC TRAILS, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THIS WEBSITE AND ANY SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
Without limiting the foregoing, everything on this Website and any park goods or services are provided to you "AS IS" and BOIS D’ARC TRAILS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND THE PARK, THEIR CONTENTS, AND ANY SERVICE PROVIDED BY THEM.
INDEMNITY
You agree to defend, indemnify and hold harmless Bois d’Arc Trails, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:  Your activities in connection with this Website. Your activities in connection with the park. Any violation of this Agreement by you. Any improper or unauthorized use of the Materials by you. Any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
SEVERABILITY
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
INCORPORATION OF PRIVACY POLICY We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy please do not use our services.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information about Bois d’Arc Trails. The Website is controlled and operated by Bois d’Arc Trails from Texas. As such, any dispute arising under the Terms and Conditions shall be resolved exclusively by Texas state or federal courts, applying Texas law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
LINKS TO OTHER WEBSITES
This Website may contain links to other sites ("Third Party Websites"). These links are provided solely for the convenience of our users. Bois d’Arc Trails does not necessarily endorse, sanction or verify the accuracy of the information contained on Third Party Websites. Once you access a Third Party Website through a link on this Website, you are no longer covered by the privacy policies or Terms and Conditions of this Website. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. Bois d’Arc Trails bears no responsibility for any action associated with any Third Party Website.
POLICIES FOR CHILDRENOur Website is not directed to individuals under the age of 13. However, we advise all visitors to this Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that Bois d’Arc Trails discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission's website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.
© 2008, Bois d’Arc Venture I, LLC
All rights reserved.
Privacy Policy Effective Date of Current Policy: July 31, 2008 This Privacy Policy governs the way in which Bois d’Arc Venture I, LLC ("Bois d’Arc Trails") collects and uses personal and non-personal information we learn about you from your visit to this website (the "Website").
COLLECTION OF INFORMATION
Bois d’Arc Trails may collect non-personal information about your activity at this Website. The Website may automatically recognize and store information about the type of browser you are using; your Internet Protocol ("IP") address; the time, date, and length of your visit; and the referring site. This information, if collected, is collected via computer code sent to your computer (commonly referred to as "cookies"). The cookies will not expire, unless you manually delete them or set your browser to reject them. If you do not accept the cookies, however, you may have difficulty navigating the Website. Furthermore, the Website may utilize Web beacons, embedded Web links, and other commonly used information-gathering tools. Bois d’Arc Trails collects no personal information about you, typically defined as individually identifying information such as your name or e-mail address, unless you voluntary submit it. The content of our Website is directed to U.S. residents. Your personal data will be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world, such as in the European Union. By visiting the Bois d’Arc Trails Website from outside the United States, you consent to the collection and processing in the United States of your non-personal information.
USEBois d’Arc Trails uses non-personal information to manage the Website. Bois d’Arc Trails may analyze the data about visits to the Website to make it more accessible and interesting for visitors. Further, Bois d’Arc Trails may share this data with third parties, usually to provide services for Bois d’Arc Trails associated with the maintenance of the Website. If you submit information to the Website, the information will be used for the purpose you requested. That information may be stored and maintained. Bois d’Arc Trails may also use that information to provide you with additional information in the future that it deems may be of interest to you. In addition, Bois d’Arc Trails may share this information with third parties to fulfill your request or to provide other services that may be of interest to you. If you do not wish Bois d’Arc Trails to use your information in accordance with this policy, please do not submit any personal information to Bois d’Arc Trails.
ACCESS AND CHOICEIf you would like to update any information you have sent to Bois d’Arc Trails, please contact us. Bois d’Arc Trails will also take reasonable efforts to honor any request you make to forgo contacts with you in the future or delete your information. Please note that if you make an opt-out request, Bois d’Arc Trails will retain your e-mail address list to make efforts to ensure that you are not contacted in the future.
REVISIONS TO THE PRIVACY POLICYThe Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use. Bois d’Arc Trails therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.
Reproduction of part or all of the contents in any form of the Bois d’Arc Trails Website is prohibited, other than for individual use, and may not be recopied and shared with a third party. The permission to recopy for individual use does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic or any other form.
CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83, also known as S.B. 27, or the Shine the Light law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at: Bois d’Arc Venture I, LLC 3352 Broadway Blv #546 Garland, TX 75043 with "Request for California Privacy" in the letter subject line. You must include sufficient detail for us to locate your file; at a minimum, your name and postal address.
We will attempt to provide you with the requested information within thirty days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that the California Shine the Light law does not cover all information sharing. Our disclosure only includes information covered by the law. © 2008, Bois d’Arc Venture I, LLC
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