Effective January 9, 2025
Your use of all online sites and applications owned and operated by Turning Stone Enterprises, LLC and its subsidiaries, including but not limited to Turning Stone Resort Casino, LLC, SavOn, LLC, The Cove at Sylvan Beach, LLC and Turning Stone Car Care, LLC ("Turning Stone Enterprises", "Turning Stone" "we", "us" or "our"), collectively our "Sites", or any of the services offered on Turning Stone's online sites and applications (the "Services") is subject to these Terms of Use (the "Terms"). By accessing and/or using our Sites or Services, you agree to these Terms, including any modifications made to the Terms. Please read these Terms carefully as they set forth your rights and obligations with respect to your use of the Sites and Services. If you do not agree to these Terms, please do not access or use our Sites and cease use of the Services. These Terms do not apply to the following Turning Stone Enterprises services, which are governed by separate terms of use:
Use of Sites and Services:
Turning Stone Enterprises' Sites and Services, and their content, features and functionality (including, but not limited to, all software, text, images, trademarks, service marks, trade names, logos, video and audio) are owned by the Oneida Indian Nation, Turning Stone Enterprises, their affiliates and/or their licensors and are protected by copyright, trademark and other applicable laws. You may use the Sites and Services, and download or print content, only for your personal, non-commercial use.
You agree that you will not:
In consideration of your use of the Sites and Services, you agree:
EMAIL AND MOBILE MESSAGING SMS/MMS TEXT MESSAGE COMMUNICATIONS
By agreeing to these Terms, you expressly consent to the following regarding contact by email or text messages:
When joining the Turning Stone Enterprises' mobile alerts promotional program you agree to accept these Terms, provide us a mobile phone number for that purpose, and agree to receive promotional offers and special events from us and our family of brands, including but not limited to Turning Stone Resort Casino, LLC, SavOn, LLC, The Cove at Sylvan Beach, LLC and Turning Stone Car Care, LLC. Message frequency varies. Turning Stone Enterprises' mobile alerts promotional program is available in the US only. You must be 18 years old to join our mobile alerts promotional program.
Your consent to receive calls, emails, and text messages is not a requirement for your use of our Sites or Services. You may revoke your consent or update your communication preferences at any time by contacting us at privacy@turningstone.com.
Privacy Policy:
In connection with your use of the Sites and Services, please review our Privacy Policy, located at covesylvanbeach.com/privacy-policy to understand how we use information we collect from you when you access, visit or use the Sites and Services. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
Our Right to Terminate Users:
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Sites and Services to any person for any reason or for no reason at all, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms, or your breach of any terms between you and one of our subsidiaries or affiliates, or any applicable law or regulation.
Third Party Websites:
Turning Stone Enterprises Services may contain links to websites that are operated by organizations that are not affiliated with us ("Third-Party Websites"). These links should not be construed to imply that we endorse or sponsor these Third-Party Websites. You acknowledge and agree that when you use a Third-Party Website, you do so at your own risk, and we assume no liability arising out such use.
Disclaimer of Warranties:
Our Sites and Services are provided to you "as is", without any warranties of any kind, either express or implied, constructive or statutory, including without limitation implied warranties of fitness for a particular purpose and non-infringement.
Limitation of Liability:
In no event shall the Oneida Indian Nation, Turning Stone Enterprises or its/their affiliates, or any of its/their respective representative(s), members, officers, directors, employees, agents, contractors or licensors (collectively, the "Turning Stone Enterprises Parties"), be liable to you or any third-party, regardless of the cause of action, for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising out of or relating to your use or inability to use the Sites and Services, even if an Turning Stone Enterprises Party is aware of the possibility of such damages. In no event shall our aggregate liability arising out of or relating to your use or inability to use the Sites and Services, under any legal theory, exceed the amount charged by us to you, if any, to access to the Sites and Services.
Indemnification:
You agree to indemnify, hold harmless, and at our request, defend the Turning Stone Enterprises Parties from and against any and all claims, actions and demands, and associated losses, damages and other liabilities, costs and expenses (including reasonable attorneys' fees, court costs and amounts paid in settlement) arising out of, or related to your breach of these Terms or your use of the Sites and Services.
Jurisdiction:
By accessing or using our Sites and Services, you consent to the sole and exclusive jurisdiction of the Oneida Indian Nation Court for all disputes arising out of or relating to these Terms or your use of our Sites and Services.
Consent for use:
Any electronic communications you send to us, with the exception of personally identifiable information, are on a non-confidential basis, and we may reproduce, repost, share, publish or otherwise use them.
Content and Changes:
All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on our Sites and Services may contain inaccuracies and typographical errors, including, but not limited to inaccuracies relating to pricing or availability that are applicable to your transaction. Turning Stone Enterprises shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies.
Over time, it may be necessary to update, modify or supplement these Terms. When we make changes, we will post the changes to Turning Stone Enterprises' websites and change the date at the top of the Terms. The amended Terms will be effective upon posting on Turning Stone Enterprises' websites. We encourage you to visit Turning Stone Enterprises' websites from time to time to review our Terms of Service in the event they have changed. The most current version of the Terms will be posted at covesylvanbeach.com/terms-of-use. Your continued use of the Sites and Services following the posting of changes to the Terms means that you accept the changes and that you will use the Sites and Service in accordance with the revised Terms. If you do not agree to the changes, you should discontinue your use of the Sites and Service prior to the time the modified Terms take effect.
Turning Stone Enterprises has the right, but not the obligation, to any of the following actions without providing any prior notice to you: