Terms And Conditions Of Sale

IMPORTANT – PLEASE READ CAREFULLY

THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT WHICH AFFECTS YOUR LEGAL RIGHTS. INCLUDED ARE A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVERS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE OUR WEBSITES OR OUR APPS.

TERMS & CONDITIONS

Effective Date: February 10, 2026

Boyne USA, Inc., d.b.a. Boyne Resorts, and all affiliated and related corporations, businesses, resorts, and brands (“Boyne,” “we,” or “us”) provide this website, all related websites, mobile apps, and television apps, including all venue websites (respectively, the “Sites” and “Apps”) and offer all promotions, contests, offers to sell or license (or otherwise make available) products, services, accommodations, content, and resort-related activities of any kind, and all information regarding same, to consumers and businesses through the Sites and Apps (collectively, “Services”) subject to your agreement to these terms and conditions (the “Terms & Conditions” or “Terms”), which are final and not subject to modification by you.

By accessing or using the Sites and Apps in any way or requesting or obtaining any Services from us through the Sites and Apps, you agree to be bound by these Terms.

We recommend you print out a copy of the Terms to review and for your records. They can be downloaded here.

TABLE OF CONTENTS

SECTION 1. SCOPE OF AGREEMENT

SECTION 2. PRIVACY & SECURITY

SECTION 3. DISPUTE RESOLUTION

SECTION 4. SITES AND APPS AVAILABILITY AND ACCURACY

SECTION 5. WARRANTY AND DAMAGES LIMITATIONS; INDEMNIFICATION

SECTION 6. INTELLECTUAL PROPERTY RIGHTS

SECTION 7. ADDITIONAL TERMS

SECTION 8. CONTACT INFORMATION AND COMMUNICATIONS

SCOPE OF AGREEMENT

A. Scope Broadly Construed. The Terms govern all your actions and interactions with or on the Sites and Apps, including, but not limited to, requesting, reviewing, or obtaining Services from us.

B. Additional Agreements. For certain Services (including, but not limited to, promotions and resort-related activities), you may be required to enter into additional agreements with Boyne. Nothing in these Terms shall be construed to limit or change in any way the scope, terms, requirements, and applicability of such separate agreements, including all releases of liability they may contain. If you have entered into agreements with Boyne in addition to these Terms, such agreements (including the Terms) shall be read harmoniously in a manner that maximizes the enforceability of each of the provisions of those agreements.
PRIVACY & SECURITY
In agreeing to these Terms, you represent that you have had a full and fair opportunity to read our Privacy Policy which is incorporated into these Terms.

OUR SITES AND APPS MAY CAUSE INFORMATION ABOUT YOU, YOUR LOCATION, AND YOUR ACTIVITIES ON THE SITES AND APPS TO BE TRANSMITTED BY YOUR WEB BROWSING SOFTWARE (OR OTHERWISE) TO THIRD PARTIES ACTING FOR OR ON BEHALF OF BOYNE, INCLUDING TO THIRD PARTIES WHO PROVIDE ADVERTISING, MARKETING, AND ANALYTICS SERVICES TO BOYNE. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU CONSENT TO THESE COMMUNICATIONS.
DISPUTE RESOLUTION
On occasion, a third party may be necessary to help resolve Disputes that may arise between you and Boyne. This section of the Terms & Conditions (the “Dispute Resolution Agreement”) limits you and Boyne to resolving Disputes between them by individual arbitration (or small claims court, if the Dispute qualifies), unless the Dispute is expressly excluded from the arbitration requirement.

FOR ALL DISPUTES REQUIRED TO BE ARBITRATED, YOU AND BOYNE WAIVE ALL RIGHTS TO A JURY TRIAL, TO PARTICIPATE IN ANY CLASS ACTION OR COMPARABLE COLLECTIVE PROCEEDING, AND TO HAVE THOSE DISPUTES DECIDED IN COURTS OTHER THAN SMALL CLAIMS COURT.

“Dispute” and “Disputes” shall be interpreted in the broadest possible sense to include, without limitation, any and all complaints, claims, and controversies of every kind, including, but not limited to, statutory, regulatory, constitutional, contractual, common law (including torts of any kind), and tax-related (including erroneous sales tax collection) causes of action, and encompassing fully all those involving allegations of negligence, fraud, misrepresentation, and the alleged breach of any duty whatsoever.

The following Disputes are excluded fully from the requirement to arbitrate and the limitation to small claims court:

— Disputes involving or arising in any way out of bodily injury or death. Notwithstanding any other provision of the Terms, these Disputes shall be resolved exclusively in the state or federal courts of the state where such bodily injury or death occurred, as to which you consent to personal jurisdiction, and shall be resolved exclusively under the laws of that state without giving effect to any choice of law principles.

— Intellectual property disputes. Notwithstanding any other provisions of the Terms, Disputes seeking to protect, vindicate, or enforce in any way your or Boyne’s intellectual property rights, including, but not limited to, claims involving copyrights, trademarks, patents, and trade dress, shall be resolved exclusively in the state or federal courts of the State of Michigan, as to which you consent to personal jurisdiction.

A. GENERAL ARBITRATION PROVISIONS
The following general provisions apply to all Disputes which are subject to the requirement to arbitrate (“Arbitrable Disputes”). These provisions are intended to be read harmoniously with the rules governing individual and mass arbitration set forth below. To the extent that there is any conflict between these general provisions and those specific rules, the specific rules will control.

(1) Persons and Entities Covered. The obligation to arbitrate extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and others acting on behalf of you or Boyne, or anyone on whose behalf you use the Sites and Apps or obtain Services. It also extends to Disputes in which claims of any kind are threatened or asserted against any corporations and other business entities related in any way to Boyne (including, but not limited to, parents, subsidiaries, and sibling corporations) and which arise out of your use of the Sites and Apps and the Services.

(2) Governing Law. Notwithstanding any other provision of the Terms & Conditions, all arbitrations are governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws, and you and we agree that it should be interpreted in a manner that protects and preserves the obligation to arbitrate in strict accordance with this Dispute Resolution Agreement.

(3) Opt-Out Rights. You have the right to opt out of the arbitration requirement by sending a written notice expressly stating “I opt out of arbitration” or similar words by email to arbitration@boyneresorts.com, or in writing via certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770, within thirty (30) days after you first agree to the Terms & Conditions. Opting out has no effect on any other arbitration agreements that you may currently have or may enter in the future with Boyne, nor does it eliminate or change any other rights or requirements of the Terms & Conditions. Nor does opting out preclude you from later agreeing to an arbitration agreement with us.

(4) Mandatory Informal Settlement Process. For Arbitrable Disputes only, you and Boyne must participate in an informal settlement process (the “Informal Settlement Process”) as follows before any arbitration can be commenced:

a. The party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s name, mailing address, email address, and a concise description of the Dispute, including any monetary demand. Claim Statements submitted by you must be sent by email to Boyne at dispute@boyneresorts.com, or by certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770.

b. If the Claimant is represented by an attorney, the Claimant’s attorney must also sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with all obligations to conduct a reasonable investigation into the factual and legal basis of any claim and to represent that any claim asserted has a legal and factual basis under the standard that applies to representations to the court under Rule 11(b) of the Federal Rules of Civil Procedure (or any successor provision in the event of an amendment to that rule) (a “Rule 11 Certification”).

c. Once a properly completed Claim Statement and any applicable Rule 11 Certification are received, the Claimant and Respondent shall for a period of sixty (60) days seek to resolve the Dispute amicably. Any applicable statutes of limitations for the Dispute will be stayed during this period.

d. Failure to complete in good faith the Informal Settlement Process as to any Arbitrable Disputes is a material breach of this agreement. No arbitration may be filed nor any arbitrator appointed or arbitration fees imposed on the Respondent until this process has been completed. If an arbitration is commenced in violation of this requirement, the Claimant shall indemnify Respondent for all fees or costs of arbitration imposed on Respondent.

(5) No Class Actions. Except as expressly permitted under the Mass Arbitration Rules (set forth below), you and Boyne agree that all Arbitrable Disputes must be resolved individually and not via a class or consolidated proceeding of any kind, even if the requirement to arbitrate is found unenforceable for any reason. However, nothing restricts the settlement of Disputes by mutual agreement, including through court-approved class action settlements.

(6) Changes. If we change the arbitration requirements of this Dispute Resolution Agreement after you last accepted the Terms & Conditions, you can reject those changes by sending written notice within thirty (30) days of the effective date of such changes to arbitration@boyneresorts.com, or sending such a notice to us by certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770. The notice must include your full name, email address, and mailing address, and state specifically that you reject the arbitration-related changes. By rejecting these changes, you agree to arbitrate any dispute based on the arbitration requirements that were in effect when you last agreed to the Terms & Conditions. The rejection of these changes shall have no effect on any other provisions of the Terms & Conditions. Nor does rejecting arbitration changes preclude you from later agreeing to those changes

(7) Improperly Commenced Arbitration. If either you or we believe the other party has started or is about to start any arbitration in violation of this Dispute Resolution Agreement, you and we have the right to seek a court order to stop that arbitration, and any arbitrations related to or giving rise to such a court action shall be stayed and no arbitration fees or costs imposed until the court action (including appeals) is concluded fully and finally. Upon a finding that a Dispute was threatened, filed, or maintained in knowing violation of this Dispute Resolution Agreement or to exert undue pressure, or is frivolous, a court may award the costs and fees of arbitration and any associated litigation, including reasonable attorneys’ and expert fees, to the other party.

(8) Survival and Severability. This Dispute Resolution Agreement shall survive and remain in effect even after your relationship with Boyne has ended. If any part of the Dispute Resolution Agreement is found to be unenforceable, the remaining provisions will remain in force and apply fully.

(9) Delegation. Disputes concerning whether (1) you and Boyne have entered a valid and binding agreement to arbitrate or (2) a Dispute is subject to or excluded from the requirement to arbitrate shall be decided exclusively by a court of competent jurisdiction, not by an arbitrator. All arbitrations where such issues are raised by either party shall be stayed until a court action (including appeals) is concluded fully and finally. All other issues shall be resolved by an arbitrator.

(10) Offer of Settlement. In any Arbitrable Dispute between you and Boyne, the Respondent may choose to make a written settlement offer at any time after the receipt of a Claim Statement. The offer amount and its terms will not be revealed to any arbitrator until after a final award (which includes any dispositive decision). If the value of that award is less than the value of the settlement offer, or if the award favors the Respondent, the Claimant shall pay the Respondent’s arbitration fees, legal and expert fees, and costs which were incurred or imposed after the offer to fullest extent allowed by law.

(11) AAA Arbitrations. If the American Arbitration Association (the “AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Dispute Resolution Agreement (including as a result of any aspect of this Dispute Resolution Agreement which does not meet with the AAA’s approval), or if the AAA for any other reason whatsoever declines to handle an Arbitrable Dispute assigned to it by these provisions, you and Boyne must negotiate in good faith to choose an alternative arbitrator to conduct the arbitration in accordance with all of the terms of this Dispute Resolution Agreement

B. ARBITRATION RULES

The arbitration process will vary depending on whether an Arbitrable Dispute is pursued individually or as part of a Mass Arbitration (as defined below).

(1) Individual Arbitration Rules. All individual arbitrations (Disputes involving a single individual or entity as Claimant) shall be before a single arbitrator of the AAA. Arbitrations handled by the AAA and involving consumer disputes as defined by the AAA will be governed by this Dispute Resolution Agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol (the “Consumer Rules”) (https://www.adr.org/consumer) in effect on the date when the Dispute arose (each a “Consumer Arbitration”). Where the Consumer Rules do not apply, the arbitration shall be governed by these Individual Arbitration Rules and the AAA Commercial Arbitration Rules (each a “Commercial Arbitration”) together with the AAA Optional Appellate Rules (available here: https://www.adr.org/commercial). If there is a conflict between this Dispute Resolution Agreement and any applicable AAA rules and protocols, the terms of this Dispute Resolution Agreement shall control. In any Commercial Arbitration, the prevailing party shall recover reasonable attorneys’ fees, expert witness fees, and costs, including those incurred in collection. In any Consumer Arbitration, the prevailing party shall only be able to recover attorneys’ fees where and as expressly allowed by applicable law.

a. For consumer arbitrations where Disputes (including counterclaims) are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-36 of the Consumer Rules. However, the arbitrator may permit reciprocal, reasonable discovery (strictly limited in nature and proportionate in scope and cost to the Dispute and which does not impose undue cost or hardship on either of the parties), and may also allow for a non-evidentiary hearing, which shall be by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is reasonable compared to the Dispute amount.

b. An arbitration before the AAA can be requested by mail or online through the AAA’s website (https://www.adr.org/Support). A copy of the arbitration demand shall be sent to arbitration@boyneresorts.com, or sent by certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770. Upon request by either you or Boyne, any attorney representing the party demanding arbitration shall provide to the Respondent and the AAA a Rule 11 Certification.

(2) Mass Arbitration Rules. If 20 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers or representatives file or disclose to us an intention to file demands for arbitration raising substantially similar Arbitrable Disputes, and counsel or representatives for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitrations Rules alone shall apply instead of the Individual Arbitration Rules set forth above or any Mass Arbitration rules published by the AAA or any other arbitration organization. In the event of any conflict, inconsistency, or difference between these Mass Arbitration Rules and the Individual Arbitration Rules, above, the Mass Arbitration Rules shall control.

a. Any challenge to these Mass Arbitration Rules, including any disputes concerning whether all or any aspect or requirement of the Mass Arbitration Rules are or is valid or enforceable, shall be resolved exclusively by a court of competent jurisdiction, not by any arbitrator. No arbitrator shall be appointed nor any arbitration costs or fees assessed on you or Boyne, and all pending arbitrations stayed, until such court action (including appeals) is concluded fully and finally.

b. Each Mass Arbitration Claimant must comply with the Informal Settlement Process set forth above as a mandatory condition precedent to commencing or proceeding to the mandatory mediation and post-mediation arbitration provided for under these Mass Arbitration Rules. The Informal Settlement Process may be completed collectively through the lawyers or representatives of the Mass Arbitration Claimants. In addition to a Rule 11 Certification, lawyers representing the Mass Arbitration Claimants shall provide a certification, under oath, they have the full authority to arbitrate, mediate, and settle all Disputes raised by each of the Mass Arbitration Claimants.

c. If the Informal Settlement Process fails for any or all of the Mass Arbitration Claimants, counsel for Mass Arbitration Claimants and counsel for Boyne will then each select not more than two (2) non-settling Mass Arbitration Claimants (totaling not more than four (4), with an equal number selected by each side) for initial arbitrations (the “Initial Arbitrations”) intended to inform and benefit settlement discussions between the parties in addition to resolving those Disputes. No other arbitrations shall be commenced by the Mass Arbitration Claimants until after the completion of the Initial Arbitrations and the mandatory mediation described below. Each Initial Arbitration will be decided under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. The Initial Arbitrations must be conducted, and final, reasoned decisions issued, within one-hundred twenty (120) days of their commencement.

d. Upon completion of all Initial Arbitrations, the parties’ counsel or representatives shall participate in good faith mandatory mediation for a period of sixty (60) days seeking to resolve all unresolved Disputes of Mass Arbitration Claimants (the “Mandatory Mediation”).

e. To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for those Disputes will be stayed during the Informal Settlement Process, the Initial Arbitrations, and the Mandatory Mediation.

f. Mass Arbitration Claimants whose Disputes remains unresolved at the conclusion of Mandatory Mediation (the “Unresolved Disputes”) shall pursue their Disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims. The applicable FairClaims rules shall be either the Small Claims or Fast Track rules depending on the Dispute amount, as set forth here https://www.fairclaims.com/ (or any successor website on which FairClaims posts its applicable rules) in effect at the time their Dispute arose. Decisions from the Initial Arbitrations can be presented in FairClaims arbitrations by Mass Arbitration Claimants or us for their persuasive value but shall not be binding. Discovery obtained in the Initial Arbitrations may also be used in connection with any small claims court case or FairClaims arbitration. If FairClaims is unavailable or unable to hear the Unresolved Disputes, the parties shall use their best efforts to find a substitute arbitration organization to hear the Unresolved Claims through a process having comparable cost, speed, and efficiency to FairClaims.

g. Each requirement of these Mass Arbitration Rules is material and mandatory. If any of these requirements is determined to be void or unenforceable for any reason in a court action (including appeals) that is concluded fully and finally, or if the parties are unable to find a substitute arbitration organization if required to do so under paragraph (f), above, the Unresolved Disputes shall be resolved in the state and federal courts of Michigan, and not through arbitration, and you agree to the personal jurisdiction of those courts for all such actions. Boyne shall have the right to request such a case be removed to federal court if it so qualifies. If any court action allowed for and commenced under this provision is pursued as a class action, the class shall be limited to the Unresolved Disputes. A ruling that the Mass Arbitration Rules or any aspect of them are invalid or unenforceable shall not affect the validity or enforceability of any other parts of the Terms & Conditions including the Dispute Resolution Agreement. This Dispute Resolution Agreement shall survive any termination, expiration, or nullification of any or all the Terms & Conditions.
SITES AND APPS AVAILABILITY AND ACCURACY
The Sites and Apps are provided on an “as is” and “as available” basis only. We do not guarantee that the Sites and Apps (and associated servers) will always be available, functional, or error-free. If you are unhappy with, aggrieved, or harmed in any way by the availability, functionality, or content of the Sites or Apps, your sole and exclusive remedy is to stop using the Sites and Apps. We try to be accurate, but mistakes can happen. We may correct errors in the content of the Sites and Apps (including descriptions and prices) at any time and without liability to us — even after you place an order at an erroneous price or we accept that order, and even if you have otherwise acted in reliance on any errors. You agree that we may at any time cancel or change any order affected by a pricing or other error without liability.
WARRANTY AND DAMAGES LIMITATIONS; INDEMNIFICATION

WARRANTY LIMITATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE MAKE NO WARRANTIES, PROMISES, OR GUARANTEES ABOUT THE SITES, APPS, OR SERVICES OR THEIR CONTENT AND FEATURES, INCLUDING PROMISES THAT THEY ARE SUITABLE FOR YOUR NEEDS, FREE FROM PROBLEMS, OR THAT THEY WILL NOT INFRINGE OTHERS’ RIGHTS.

DAMAGES LIMITATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER WE NOR ANYONE ACTING ON OUR BEHALF (INCLUDING ALL EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR INDEPENDENT CONTRACTORS) ARE RESPONSIBLE FOR INDIRECT OR SECONDARY LOSSES OF ANY KIND — SUCH AS LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES — THAT MAY RESULT FROM YOUR USE OF THE SITES, APPS, OR SERVICES, OR FOR ANY PUNITIVE OR EXEMPLARY DAMAGES. THESE LIMITATIONS APPLY EVEN IF WE KNEW OR WERE TOLD SUCH LOSSES WERE POSSIBLE OR IF ANY LIMITED REMEDIES WE OFFER AVAILABLE FAIL IN THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BOYNE AND ALL OF ITS OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, SUITS, AND ATTORNEYS’ FEES, ARISING IN ANY WAY FROM YOUR ACCESS TO OR USE OF THE SITES, APPS, AND SERVICES, INCLUDING ANY VIOLATIONS OF THE TERMS AND ANY INFRINGEMENT ON THE RIGHTS OF OR HARM OF ANY KIND TO OTHERS.

MATERIAL TERMS. THE FOREGOING LIMITATIONS AND INDEMNIFICATION PROVISION ARE EACH ESSENTIAL AND MATERIAL PARTS OF THE TERMS AND YOU ACKNOWLEDGE THAT WE WOULD NOT ALLOW THE USE OF THE SITES AND APPS, OR THE OBTAINING OR USE OF THE SERVICES WE PROVIDE, WITHOUT YOUR AGREEMENT TO THEM. THE LIMITATIONS SHALL APPLY TO ALL DISPUTES BETWEEN YOU AND US.

JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF WARRANTIES OR DAMAGES AND INDEMNIFICATION PROVISIONS IN CONSUMER CONTRACTS. ACCORDINGLY, SOME PARTS OF THIS SECTION MAY NOT BE ENFORCEABLE AGAINST YOU. WE URGE YOU TO CONSULT YOUR LOCAL LAWS.
INTELLECTUAL PROPERTY RIGHTS
You should assume that everything you see or read on the Sites and Apps and their functionality is protected by copyright, trademark, trade dress, or patents unless otherwise noted and may not be used except as provided in the Terms or with the written permission of Boyne.

For avoidance of doubt, all material included on and underlying the Sites and Apps, including all code, text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software, including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items and content (the “Content”), is the exclusive property of Boyne and/or third-party licensors and is protected by United States and international copyright, trademark, patent, or other intellectual property laws. Modification or use of the Content, except as expressly provided in the Terms, violates Boyne’s intellectual property rights. Nothing posted on the Sites and Apps grants a license to any Boyne intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein are reserved.

The trademarks, logos, and service marks displayed on the Sites and Apps (collectively the “Trademarks”), or otherwise associated with the Services, are registered and unregistered trademarks of Boyne and our advertisers, licensors, suppliers, and others. The Trademarks owned by Boyne, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Boyne, in any manner that is likely to cause confusion with customers, or in any manner that disparages Boyne. Nothing in the Terms, however, restricts you from publishing reviews of the Sites, Apps, or Services, subject to any applicable law.

Nothing contained on the Sites and Apps or these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content (including trademarks) without the express written permission of Boyne, our licensors or suppliers, or the third-party owner of any such Content. Misuse of any Content is prohibited, and Boyne will enforce our intellectual property rights in such Content, including via civil and criminal proceedings.

You agree not to:

(1) Monitor, gather, copy or use for any purpose related to the development of any kind of artificial intelligence (including large language models) any Content, including by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.

(2) Frame or utilize framing techniques to enclose any Trademark or other Content (including, without limitation, any images, text or page layout).

(3) Engage in any activities through or in connection with the Sites and Apps that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party. Attempt to circumvent the security systems of the Sites and Apps.

(4) Attempt to gain unauthorized access to the Sites and Apps or Services, materials, other accounts, computer systems, or networks connected to any Boyne server.

(5) Attempt to use the Sites and Apps for any purposes other than those intended by Boyne, as determined by Boyne in its sole discretion.

(6) Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment.

(7) Engage in any activity that interferes with a user’s access to the Sites and Apps or the proper operation of the Sites and Apps.

(8) Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable (“Objectionable Material”).

(9) Upload or transmit any Objectionable Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ.

(10) Upload, e-mail, transmit, or otherwise make available any Objectionable Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.

(11) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or otherwise use the Sites and Apps and/or obtain Services on behalf of any other person without lawful authorization to do so.

(12) Without Boyne’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services.
ADDITIONAL TERMS

Permitted Uses of the Sites and Apps. You agree to use the Sites and Apps only for the reasons for which they were designed, and you will not use the Sites and Apps and their content for any purpose contrary to law, public order, morality, or generally accepted standards of decency; this means you cannot host, store, disclose, publicize, distribute, or share any material or information which is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, or fraudulent, or use the service to defame, intimidate, threaten, or harass other users or infringe upon their image rights. Boyne will not be held liable for content or images posted by users, although if it identifies any content which is not suitable for publication, Boyne reserves the right to delete it as soon as it comes to its attention. You agree to no scraping, crawling, or automated data extraction from the Sites or Apps, to not use the Sites and Apps for artificial intelligence training of any kind, and to engage in no data mining or harvesting on the Sites or Apps.

Electronic Communications. You consent to receive electronically all notices required by law or by these Terms.

Right To Assign Agreement. Boyne has the unrestricted right to assign this agreement and transfer its rights and obligations under the Terms & Conditions to another company or individual.

Minors. This site is not designed or intended for use by minors. To extent it is accessed by minors, parents are fully responsible for such use.

Force Majeure. Neither you nor Boyne shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these Terms due to any failure or delay in fulfilling or performing any obligation under the Terms when such failure or delay is caused by or results from causes beyond that party’s reasonable control, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, tariffs, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed.

Third-Party Links. The Sites and Apps may contain links to third-party websites that are not under Boyne’s control. Boyne makes no claim and accepts no responsibility regarding the quality, nature, or reliability of those websites. Boyne provides such links to you as a convenience only and the inclusion of any link does not imply endorsement by Boyne or any association with the operators of such websites. You are responsible for understanding the privacy statements and terms of use posted at any third-party sites.

No Endorsement. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or any recommendation by Boyne.

International Use. Boyne makes no representation that the materials on the Sites and Apps are appropriate or available for use in locations outside the United States and Canada. Access to the Sites and Apps from countries or territories where such access is illegal is prohibited. Those who choose to access the Sites and Apps from outside the United States or Canada do so at their own initiative and are responsible for compliance with local laws.

Modifications to the Sites and Apps. You agree that Boyne has the right to change any aspect of the Sites and Apps, or discontinue them in part or entirely, without liability and without notice to you.

Changes to the Terms. You agree that Boyne can provide notice to you of any changes to the Terms by posting the updated Terms on the applicable Sites and Apps, changing the Effective Date set forth in the Terms, and, at Boyne’s sole discretion, notifying you by such other means as we may deem appropriate. Changes to the Terms will become effective on the date they are posted to the Sites or on the Apps. By continuing to use the Sites and Apps after the effective date of the changed Terms, you agree to be bound by those changes as of their effective date.

Right to Monitor and Revoke Rights. Boyne shall have the right to monitor use of the Sites and Apps to determine compliance with the Terms and revoke your rights to access and use the Sites and Apps without liability if Boyne, in its sole discretion, determines that you have violated the Terms or any applicable law.

Accessibility. At Boyne, we are committed to ensuring that our content is accessible to persons with disabilities, including, but not limited to, visitors using screen reader software and other assistive technologies. We take accessibility seriously and work diligently to make content accessible, utilizing WCAG 2.1AA as a guide. If you experience any difficulty accessing any part of our content or need help, please email us at info@boyneresorts.com or call us at 231.439.4750. We will work with you to address your questions or concerns, including providing information through an alternate communication method that is accessible to you, if appropriate.

No Responsibility for Inaccurate Geographic Information. Geographic information contained in the Sites and Apps is for guidance purposes only. Common sense should always be applied, especially in situations of real risk. Similarly, for technical reasons, the Sites and Apps might not show updated geographic information, and Boyne is under no obligation to keep such matters up to date. As a result, you use such information at your own risk, and Boyne will not be liable for any losses, damage, or injuries resulting from your reliance on geographic information contained in the Sites and Apps.

Venue. Unless otherwise provided by the Terms, including in the Dispute Resolution Agreement, you agree to the exclusive jurisdiction of the federal and state courts of the state of the State of Michigan to adjudicate matters arising out of or related to these terms, and consent to the personal jurisdiction of such courts.

Choice of Law. Unless otherwise provided by the Terms, including in the Dispute Resolution Agreement, the interpretation and application of these Terms shall be governed by the laws of the State of Michigan without giving effect to any choice of law principles.

No Waiver. No waiver of or change to any part of the Terms shall be effective unless agreed to in a writing signed by you and Boyne. No written waiver of or change to any part of these Terms will constitute a waiver of any other provisions or as to any other or further breach of the Terms.

Severability. If any provision of these Terms is determined to be illegal or unenforceable for any reason, it shall be severed from the Terms, and the balance of the Terms shall continue to be fully valid, binding, and enforceable.
CONTACT INFORMATION AND COMMUNICATIONS
Except as otherwise provided in these Terms & Conditions, please contact Boyne via email at info@boyneresorts.com, by telephone at 231.439.4750, or by mail at 3951 Charlevoix Avenue, Petoskey, MI 49770. Please include with any correspondence information that will help us assist you with your inquiry, request, or Dispute, together with your name, mailing address, and email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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