Your privacy is important.
Our cookie policy
In compliance with the European Union legislation, we inform you that our website will store some information about your preferences on your own computer inside a tiny file called a ‘cookie’.
A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time.
You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
Most browsers support cookies, but users can set their browsers to decline them and can delete them whenever they like. A third-party website called aboutcookies.org has been setup to help you with instructions how you can do that on various browsers.
We use cookies to:
1) Identify you as a returning user and to count your visits in our traffic statistics analysis;
2) remember your custom display preferences;
3) Suggest any recent searches youíve made on our site
4) Other usability features including tracking whether you’ve already given your consent to cookies
Enabling cookies from our website is not strictly necessary for the website to work but it will provide you with a better browsing experience.
The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.
There may also be other types of cookies created after you’ve visited our website. We use Google Analytics, a popular web analytics service provided by Google, Inc. Google Analytics uses cookies to help us to analyze how users use the site. The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google undertakes not to associate your IP address with any other data held by Google. Google’s Privacy Policy
Advertising.
CMI Marketing, Inc., d/b/a Raptive (“Raptive”) is a service provider of this Site for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive’s data usage, click here: https://raptive.com/creator-advertising-privacy-statement
Third Party Advertising
We may have third-party advertising companies serving ads to you when you visit our website. These companies may store information about your visits to our website and to other websites in order to provide you with relevant advertisements about goods and services.
These companies may employ cookies and other identifiers to gather information which measures advertising effectiveness. The information is generally not personally identifiable unless, for example, you provide personally identifiable information to them through an ad or an e-mail message.
Information Gathered by Third Party Advertisers
Cookies enable advertisers to learn about what ads you see, what ads you click, and other actions you take on our site and other sites. This allows advertisers to provide you with more useful and relevant ads. For example, if they know what ads you are shown while visiting our site, they can be careful not to show you the same ones repeatedly. They do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.
We do not provide any personal information to advertisers or to third party sites. Advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards (for example, readers in the Pacific Northwest who read certain types of articles). Also, some third-party cookies may provide them with information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that they may use to provide you more relevant and useful advertising.
If you would like to learn more about what options you have about limiting the gathering of information by third-party ad networks, you can consult the website of the Network Advertising Initiative.
You can opt out of participating in interest-based advertising networks but opting out does not mean you will no longer receive online advertising. It does mean that the companies from which you opted out will no longer customize ads based on your interests and web usage patterns using cookie-based technology.
Type and Purpose of Collection
We collect information at various points in the Website to facilitate its use by our customers. Non-Personal Information: Upon accessing the Website, certain non-personal information will be automatically collected without your knowledge or consent, such as your IP address, location data (which is anonymous) and the referring website (ìNon-Personal Informationî). We use Non-Personal Information to examine our traffic and to view how our customers use the Website. This type of information will not allow you to be personally identified. For example, we use ìcookiesî, which contains only certain statistical information. You can instruct your computer to inform you whenever a cookie is being sent, or you can disallow cookies through your web browser. If you do choose to disallow cookies, your experience on the Website may be diminished, or your ability to choose some of the options on the Website may be limited.
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Sharing Information
We will not sell, rent or disclose to outside parties the information we collect, save and except that we may share the collected information with other parties as follows:
(a) Affiliated Service Providers: We have agreements with various affiliated service providers to facilitate the functioning of the Website, with whom we may share the information we have collected. All administrative service providers that we use are required to have the same level of privacy protection as we have, and therefore we expect that your information will be handled with the same level of care that we employ. Additionally, for example, we may use analytic or marketing services such as Google Analytics, Google Adsense, Taboola, or RevContent, to which collection you hereby unconditionally consent.
(b) Where required by law: We may share the collected information where required by law, specifically in response to a demand from government authorities where such demand meets the legal requirements.
(c) Statistical Analysis: We may share Non-Personal Information and aggregated information with third parties, including but not limited to for advertising or marketing purposes. No Personal Information will be shared in this manner.
(d) Transactions: In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Personal Information may be disclosed or transferred as one of our business assets.
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Choices and How To Opt Out Of Interest-Based Advertising
(a) Opting Out of Interest-Based Advertising Services This website is a member of the Network Advertising Initiative (NAI) and adheres to the NAI Codes of Conduct as described on the NAI website. This website also adheres to the Digital Advertising Alliance (DAA) Self-Regulatory Principles. For a description of the DAA Program, please visit the DAA website. As described above, this website may use or transfer Device Data that it directly collects or that it receives from this websiteís Customers, who may use cookies or non-cookie technologies, to enable advertising that is more tailored to Consumersí inferred interests, preferences, and locations. This practice is known as interest-based advertising.
(b) Opting Out of Interest-Based Advertising by Third Parties
This website may permit third parties to collect information on its Site and combine that information with other information collected on non-affiliated websites or applications over time. These third parties may use technologies, including cookies and web beacons, to collect information about Consumersí or Customersí use of the Site in order to analyze, report on, or customize content or advertising on the this website or on other sites, or to help us operate and improve the Site. To find out more about interest-based advertising in the web environment, and how to opt-out of information collection for this purpose by companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAIís opt-out page or DAAís Consumer Choice Page.
Contact Information:
Natalie & Randy Ockey at Utah’s Adventure Family: natalie@utahsadventurefamily.com
Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to Natalie Ockey at natalie@utahsadventurefamily.com. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
Consent to Data Collection. These Terms of Service incorporate our Privacy Policy [above], which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.
Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.