EAGLE NEST CABINS & MARINA TERMS & CONDITIONS CONDITIONS OF USE Welcome to our online store! EAGLE NEST CABINS & MARINA and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. PRIVACY Please review our Privacy Notice, which also governs your visit to our website, to understand our practices. ELECTRONIC COMMUNICATIONS When you visit EAGLE NEST CABINS & MARINA or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EAGLE NEST CABINS & MARINA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of EAGLE NEST CABINS & MARINA, with copyright authorship for this collection by EAGLE NEST CABINS & MARINA, and protected by international copyright laws. TRADE MARKS EAGLE NEST CABINS & MARINA’S trademarks and trade dress may not be used in connection with any product or service that is not EAGLE NEST CABINS & MARINAS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EAGLE NEST CABINS & MARINA. All other trademarks not owned by EAGLE NEST CABINS & MARINA or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EAGLE NEST CABINS & MARINA or its subsidiaries. LICENSE AND SITE ACCESS EAGLE NEST CABINS & MARINA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EAGLE NEST CABINS & MARINA. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EAGLE NEST CABINS & MARINA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EAGLE NEST CABINS & MARINA and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing EAGLE NEST CABINS & MARINA’S name or trademarks without the express written consent of EAGLE NEST CABINS & MARINA. Any unauthorized use terminates the permission or license granted by EAGLE NEST CABINS & MARINA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of EAGLE NEST CABINS & MARINA so long as the link does not portray EAGLE NEST CABINS & MARINA, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EAGLE NEST CABINS & MARINA logo or other proprietary graphic or trademark as part of the link without express written permission. YOUR MEMBERSHIP ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. EAGLE NEST CABINS & MARINA and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EAGLE NEST CABINS & MARINA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant EAGLE NEST CABINS & MARINA and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EAGLE NEST CABINS & MARINA and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify EAGLE NEST CABINS & MARINA or its associates for all claims resulting from content you supply. MYCOMPANY has the right but not the obligation to monitor and edit or remove any activity or content. EAGLE NEST CABINS & MARINA takes no responsibility and assumes no liability for any content posted by you or any third party. RISK OF LOSS All items purchased from EAGLE NEST CABINS & MARINA are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. PRODUCT DESCRIPTIONS EAGLE NEST CABINS & MARINA and its associates attempt to be as accurate as possible. However, EAGLE NEST CABINS & MARINA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by EAGLE NEST CABINS & MARINA itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MYCOMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. EAGLE NEST CABINS & MARINA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYCOMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYCOMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MYCOMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYCOMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting EAGLE NEST CABINS & MARINA, you agree that the laws of the state of New Mexico, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EAGLE NEST CABINS & MARINA or its associates. DISPUTES Any dispute relating in any way to your visit to EAGLE NEST CABINS & MARINA or to products you purchase through EAGLE NEST CABINS & MARINA shall be submitted to confidential arbitration in the state of New Mexico, USA, except that, to the extent you have in any manner violated or threatened to violate EAGLE NEST CABINS & MARINA’s intellectual property rights, EAGLE NEST CABINS & MARINA may seek injunctive or other appropriate relief in any state or federal court in the state of New Mexico, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to EAGLE NEST CABINS & MARINA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. QUESTIONS: Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: fishing@eaglenestcabins.com. EAGLE NEST CABINS & MARINA Privacy Notice This privacy notice discloses the privacy practices for www.eaglenestcabins.com and shopeaglenest.com. This privacy notice applies solely to information collected by this website. It will notify you of the following: 1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared. 2. What choices are available to you regarding the use of your data. 3. The security procedures in place to protect the misuse of your information. 4. How you can correct any inaccuracies in the information. Information Collection, Use, and Sharing We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: • See what data we have about you, if any. • Change/correct any data we have about you. • Have us delete any data we have about you. • Express any concern you have about our use of your data. Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 575-377-6941 or fishing@eaglenestcabins.com. Orders We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you. Sharing We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order. We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.