TERMS OF USE
These Terms of Use govern access to and use of the Fortune Bay Resort Casino Website (“Website”). Fortune Bay Resort Casino is owned and operated by the Bois Forte Band of Chippewa (“Band”). The terms “we,” “us,” and “our,” refer to the Band and “you” and “your” refer to the user of the Website. Please read these Terms of Use carefully before accessing or using the Website or obtaining any materials, information, products, or services from the Website. By accessing and using the Website and its contents, you agree to be bound by these Terms of Use. If you do not accept all of these Terms, then you may not access or use the Website.
ELIGIBILITY
The services available on this Website, including but not limited to reserving hotel rooms, RV space, and event spaces, are only available to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing category, the services offered by the Website are not available to minors. By using the services on the Website, you represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservation contains or resulted from a mistake or error, or from an attempt to circumvent Fortune Bay Resort Casino policies, terms, or conditions.
You understand that overuse or abuse of the services on the Website may result in you being denied access to such services.
COPYRIGHT & INTELLECTUAL PROPERTY
The appearance, design, content, and graphics of the Website are the property of the Band and may not be copied, used, reproduced, altered, distributed, or transmitted in whole or in part without the express written consent of the Band, which reserves all rights. Re-use of any of the content or graphics in any medium, electronic or otherwise, for any purpose is strictly prohibited. Any unauthorized use of the text, images, audio and video may violate copyright, trademark, privacy and publicity laws and other civil and criminal statutes of the United States and other countries.
Links to this Web site may not be made without the express written permission of the Band. Please direct your request for such links to Contact Us | Fortune Bay Resort Casino
"Bois Forte", “Bois Forte Band of Chippewa”, and other Band Government, Department, and/or Enterprise names and logos are trademarks of the Band. All other copyrights, trademarks or service marks used or referred to on the Website are the property of their respective owners. Nothing contained on the Website should be construed as granting, expressly or by implication, estoppel, or otherwise, any license or right of use of any copyright, trademark or service mark displayed on the Website without the written permission of the Band or such other third-party owners.
If you believe that any content or material on the Website infringes on copyrights you own, please notify us immediately by contacting Contact Us | Fortune Bay Resort Casino
RELATIONSHIP OF PARTIES
The information on this site is provided for general illustrative and instructional purposes only and does not create a business or professional services relationship between you and the Band.
DISCLAIMER OF WARRANTIES
THE ARTICLES, INFORMATION, SERVICES, WORKS, AND OTHER CONTENT PROVIDED ON THE WEBSITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM.
The Band assumes no liability for the use or interpretation of information contained herein. Decisions based on data or information are the responsibility of the visitor to this Website.
THIRD PARTY CONTENT
This site contains links to sites and/or servers maintained by other organizations. The Band cannot and does not make, and expressly disclaims, any and all warranties concerning the accuracy or source of information found or accessed through this site or the content of any file that you might choose to download from a third party site. When you use any of these links to access another site, you are leaving the Website and any representations of undertakings made by Bois Forte cease to apply to your online session.
CHANGES & UPDATES
The Band may change the information contained in the Website for any reason and at any time without notice. The Band may also modify these Terms of Use at any time for any for any reason by posting a new version to the Website. Any changes to these Terms of Use apply as soon as they are posted on this Website. By continuing to use the Website after any changes are posted, you accept and agree to be bound by those changes. Any Band publication contained in or referenced in the Website is based upon information which isbelieved to be reliable, but may include technical inaccuracies or typographical errors. Changes may be periodically made to these publications. Such changes will be incorporated in new editions of these publications. The Band may make improvements or changes in the products or the programs described in these publications at any time without notice. .
LIMITATION OF LIABILITY
The Band assumes no responsibility for, and shall not be liable for, any direct, indirect, special, incidental or consequential damages to you, your computer, or your other property on account of your access to or use of the Website, except when caused by the Band’s intentional act or gross negligence. This limitation of liability includes, but is not limited to, the loss of data or loss of profit. .
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, suppliers, consultants, and agents from any and all third-party claims, liability, damages, and costs, including but not limited to attorney’s fees, arising from or related to your access to and use of the Website, your violation of these terms, or your infringement of any intellectual property or other right of any person or entity.
JURISDICTION AND APPLICABLE LAWS
The Website and these Terms of Use shall be governed by and construed in accordance with the laws of the Bois Forte Band of Chippewa.
By using this Website, you hereby agree that you have established a consensual relationship with the Band and, accordingly, you submit the exclusive jurisdiction of the Bois Forte Tribal Court in any action or proceeding brought against you that relates directly or indirectly to your Website use, regardless or your domicile, residence, or physical location. You waive any and all objections to the exercise of jurisdiction over you as described herein and to the venue of the Bois Forte Tribal Court.
INTERNATIONAL SERVICE
The Web site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Band intends to make such products and services available in such countries.
USE RESTRICTION
By accessing and using the Website, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
- Violates any federal, state, Band or local law or regulation;
- Advocates illegal activity;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secrecy, or any other intellectual property or proprietary rights;
- Attempts to impersonate another person or entity;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent, or inciting violence, inflammatory, or otherwise objectionable;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any feature of the Website or the servers or networks connected to the Website;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity.
SEVERABILITY
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable and not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
These Terms of Use constitute the final, complete, and exclusive expression between you and the Band regarding the use of and access to the Website. These Terms of Use supersede any previous oral and written communication with respect to the subject matter hereof and apply to the exclusion of other terms you may seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.