AGREEMENT BETWEEN USER AND Z FUN FACTORY & WAYLON’S WATER WORLD

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The Z Fun Factory & Waylon’s Water World website (the “Web Site”) is comprised of various web pages operated by Z Fun Factory & Waylon’s Water World (“we,” “us,” or “our”).

The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Web Site, including purchasing tickets, booking attractions, or accessing services, constitutes your agreement to all such Terms.

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MODIFICATION OF THESE TERMS

 

We reserve the right to change the Terms under which the Web Site is offered at any time, including but not limited to any fees associated with the use of the Web Site, ticketing, or services. Continued use of the Web Site constitutes your acceptance of any changes.

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LINKS TO THIRD-PARTY SITES

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The Web Site may contain links to other websites (“Linked Sites”). These Linked Sites are not under our control, and we are not responsible for their content, updates, or transmissions.

The inclusion of any link does not imply endorsement or association with the operators of those sites. Accessing third-party sites is at your own risk.

 

NO UNLAWFUL OR PROHIBITED USE

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As a condition of your use of the Web Site, you agree that you will not use the Web Site for any unlawful purpose or any purpose prohibited by these Terms.

You may not:

• Damage, disable, overburden, or impair the Web Site

• Interfere with others’ use of the Web Site

• Attempt to gain unauthorized access to systems or data

• Obtain materials or information through unauthorized means

 

USE OF COMMUNICATION SERVICES

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The Web Site may include communication features such as contact forms, reviews, feedback areas, or other messaging tools (“Communication Services”).

You agree to use these services only for lawful and appropriate purposes. You agree not to:

• Harass, abuse, threaten, or violate others’ rights

• Post unlawful, obscene, defamatory, or inappropriate content

• Upload harmful software (viruses, corrupted files, etc.)

• Conduct unauthorized promotions, spam, or solicitations

• Collect personal information from others without consent

• Violate any applicable laws or regulations

We reserve the right (but not the obligation) to monitor, review, and remove content and to terminate access to Communication Services at any time without notice.

 

USER SUBMISSIONS

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Any feedback, suggestions, or content you submit (“Submissions”) to us through the Web Site becomes licensed to us.

By submitting content, you grant us permission to:

• Use, copy, distribute, and display the content

• Modify or adapt the content

• Use your name in connection with the submission

No compensation will be provided for such use. You represent that you have the legal rights to any content you submit.

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ONLINE TICKETING & SERVICES

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Our Web Site allows for the purchase of tickets and services, including but not limited to:

• Arcade play

• Go-karts

• Bumper boats

• Mini golf

• Batting cages

• Billiards

• Restaurant and bar services

• Waterpark admission and attractions

By purchasing tickets or services:

• You agree to provide accurate and complete information

• You agree to all posted pricing, policies, and restrictions

• Tickets may be subject to availability, time restrictions, or capacity limits

All sales may be final unless otherwise stated. We reserve the right to refuse or cancel orders at our discretion.

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MOBILE TERMS AND CONDITIONS

 

By opting into our mobile messaging program, you agree to receive promotional and informational text messages.

• Message and data rates may apply

• Message frequency may vary

• Text STOP to opt out

• Text HELP for assistance

You can opt out at any time. Your mobile information will not be shared with third parties for marketing purposes, and opt-in data will not be transferred.

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LIABILITY DISCLAIMER

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THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE MADE PERIODICALLY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND

• WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

• WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE WEB SITE

YOU SHOULD NOT RELY ON INFORMATION FROM THE WEB SITE FOR MEDICAL, LEGAL, OR FINANCIAL DECISIONS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Z FUN FACTORY & WAYLON’S WATER WORLD SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING:

• Direct or indirect damages

• Loss of data or profits

• Service interruptions

• Delays or inability to use the Web Site

THIS APPLIES WHETHER BASED ON CONTRACT, NEGLIGENCE, OR OTHERWISE.

If you are dissatisfied with the Web Site, your sole remedy is to stop using it.

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TERMINATION / ACCESS RESTRICTION

 

We reserve the right to terminate or restrict your access to the Web Site or services at any time without notice.

 

GENERAL TERMS

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To the maximum extent permitted by law:

• These Terms are governed by the laws of the State of Arizona

• Any disputes shall be resolved in courts located in Yuma County, Arizona

• No partnership, employment, or agency relationship is created

If any part of these Terms is found invalid, the remaining provisions remain in effect.

These Terms constitute the entire agreement between you and us regarding the Web Site.

 

COPYRIGHT AND TRADEMARKS

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All content on the Web Site, including text, images, logos, and graphics, is the property of Z Fun Factory & Waylon’s Water World or its licensors and is protected by copyright laws.

Unauthorized use is prohibited.

All trademarks, service marks, and logos are the property of their respective owners.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been used in a way that constitutes infringement, please contact us with:

• Your contact information

• Description of the copyrighted work

• Description of where the material is located

• A statement of good faith belief

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SAFETY & ASSUMPTION OF RISK

 

By participating in attractions (including go-karts, waterpark activities, batting cages, and other physical attractions), you acknowledge:

• There are inherent risks involved

• You voluntarily assume all risks

• You agree to follow all posted safety rules and staff instructions

We reserve the right to deny access to any attraction for safety reasons.

 

CONTACT INFORMATION

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For questions regarding these Terms & Conditions, please contact:

Z Fun Factory & Waylon’s Water World
4446 East County 10th St
Yuma, Arizona, 85365
Phone: (928)726-6000