Terms Of Use

Effective October 1, 2023

Thank you for visiting our website. These Terms of Use (“Terms”) apply when you access, use or visit websites owned or operated by the Oneida Indian Nation (the “Nation”) and/or Turning Stone Enterprises, LLC (“Turning Stone Enterprises”), or any of its subsidiaries and affiliates (“Turning Stone Enterprises”, “we”, “us” or “our”) that display these Terms including but not limited to, turningstoneenterprises.com, covesylvanbeach.com, lakehousesylvanbeach.com, mapleleafmarkets.com, oneidaindiannationoutfitters.com, onemarinas.com, pointplacecasino.com, savonstores.com, turningstone.com, turningstonecarcare.com, wahtamaple.com, and ybrcasinoandsportsbook.com (the “Turning Stone Enterprises Websites”), or any mobile applications that display these Terms including but not limited to, TS Rewards Mobile App and Turning Stone Enterprises Employee mobile applications (the “Turning Stone Enterprises Apps”), and when you use the services provided through the Turning Stone Enterprises Websites and Turning Stone Enterprises Apps (the Turning Stone Enterprises Websites, Turning Stone Enterprises Apps and these services constituting “Services”). These Terms, and any other supplemental terms and conditions on our Turning Stone Enterprises Websites and Turning Stone Enterprises Apps, including without limitation Turning Stone Enterprises’ Privacy Policy, constitute a legally binding agreement between any person who accesses or uses these Services (“you”) and the Oneida Indian Nation, Turning Stone Enterprises or any of its affiliates (“Turning Stone Enterprises”, we,” “us” or “our”). By accessing and/or using these Services, you agree to these Terms. If you do not agree to these Terms, please do not access or use our Site and cease use of the Services.

Use of Services:
Turning Stone Enterprises Websites and Turning Stone Enterprises Apps 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 Nation, Turning Stone Enterprises, its affiliates and/or their licensors and are protected by copyright, trademark and other applicable laws. You may use the Services, and download or print content, only for your personal, non-commercial use.

You agree that you will not:

• interfere or attempt to interfere with our Site, or gain or attempt to gain access to secure portions of Turning Stone Enterprises Websites and Turning Stone Enterprises Apps through unauthorized means;
• circumvent, disable or otherwise interfere with security related features of the Services; use the Services for any unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Services without our express written consent;
• use Turning Stone Enterprises Websites and Turning Stone Enterprises Apps for any purpose that is illegal or prohibited by these Terms or any other supplemental terms and conditions set forth on this website or app;
• create, access or attempt to access an account, make a reservation or purchase, or impersonate any other person or entity, or engage in any other transaction using someone else’s name, address, phone number, username, password or other personal information. monitor, copy, scan, review, index, mirror, ping or validate the Turning Stone Enterprises Websites or the content of any Turning Stone Enterprises Website without our prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).

Privacy Policy:
In connection with your use of the 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 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 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 Websites and Turning Stone Enterprises Apps 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.

Third Party App Stores:
You acknowledge and agree that the availability of the Turning Stone Enterprises Mobile Apps may be dependent on a third party service through which you have downloaded one of the Turning Stone Enterprises Mobile Apps. You acknowledge that these Terms are between you and Turning Stone Enterprises and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading a Turning Stone Enterprises Mobile App from it. You agree to comply with, and your license to use each applicable Turning Stone Enterprises Mobile App is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms will apply.

Disclaimer of Warranties:
Our Site is 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 Nation, Turning Stone Enterprises or its 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 Turning Stone Enterprises Websites or Turning Stone Enterprises Apps, 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 Turning Stone Enterprises Websites or Turning Stone Enterprises Apps, under any legal theory, exceed the amount charged by us to you, if any, to access to Services.

Indemnification:
You agree to indemnify, hold harmless, and at our request, defend us, our affiliates and our and our affiliates’ respective representative(s), members, officers, directors, employees, agents, contractors and licensors 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 Services.

Jurisdiction:
By accessing or using our Site, 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 Services.

Unsolicited Feedback:
Please do not send us any unsolicited creative ideas, suggestions or materials. We are generally unable to accept or consider them to avoid the possibility of a future misunderstanding in the event that your idea is similar to something our employees or contractors are already working on or plan to develop. If you submit any unsolicited ideas, suggestions or materials despite our request that you not do so, we will consider them to be, and you agree that they are, submitted to us on a non-confidential, non-proprietary and unrestricted basis, and we shall be free to use, disclose and exploit them for any purpose without compensation or other obligation to you.

Changes:
Over time, it may be necessary to modify or supplement these Terms. When we make changes, we will post the changes to the Turning Stone Enterprises Websites and change the date at the top of the Terms. The amended Terms will be effective upon posting on the Turning Stone Enterprises Websites. We encourage you to visit the Turning Stone Enterprises Websites from time to time to review our Terms of Service in the event they have changed. Your continued use of the Service following the posting of changes to the Terms means that you accept the changes and that you will use the Service in accordance with the revised Terms. If you have provided us with your email address we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the changes, you should discontinue your use of the Service prior to the time the modified Terms take effect.