These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and Cowlitz Tribal Gaming Authority, d/b/a ilani. (“ilani,” “we,” or “us”). The Terms of Use govern your access to and use of the ilani website at ilaniresort.com/ including any content, functionality and services offered on or through it (the “Site”).
By using the Site, you agree to be bound and abide by these Terms of Use. ilani may terminate your ability to use the Site without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.
ilani reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.
All Information ilani collects on this Site is subject to our Privacy Notice posted at the Site here . By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Use. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of ilani’s knowledge.
You must be 18 years of age to use the Site.
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of ilani or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The ilani name and related logos are trademarks and service marks (“Marks”) of ilani. ilani Marks may not be used without advance written permission of ilani, including in connection with any product or service that is not ilani, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents ilani. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify ilani as described in Section 17.
ilani grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of ilani is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:
This Site is not intended for children under 13 years of age. ilani does not knowingly collect Information from children under 13. If you are under 13, do not use this Site or provide any Information about yourself to ilani, including your name, address, telephone number or email address.
To access portions of the Site, you may be asked to provide registration details or other Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. All Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions ilani takes with respect to your Information consistent with our Privacy Notice.
You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify ilani immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. ilani reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in ilani’s opinion, you have violated any provision of these Terms of Use.
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of ilani. ilani is not responsible for the content or accuracy of any materials provided by any third parties.
ilani may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. ilani does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third-party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE ILANI ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. ILANI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, ILANI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
ILANI, ITS DIRECTORS, PARENTS, SUBSIDIARIES, AND their respective EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. ILANI WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
ILANI’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT, WILL NOT EXCEED $100.
You agree to defend, indemnify and hold harmless ilani, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your content, any use of the Site Content, and services and products other than as expressly authorized in these Terms of Use.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that a breach of these Terms of Use will cause irreparable injury to ilani for which monetary damages would not be an adequate remedy and ilani shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
No waiver by ilani of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of ilani to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and ilani with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, certain provisions of these Terms that by their nature are intended to survive will remain in effect, including Sections 1, 2, 5, 8-17, and the Privacy Notice.
You agree that ilani, in its sole discretion, may suspend or terminate any account or your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
To the maximum extent permitted by law, this agreement is governed by the laws of the Cowlitz Indian Tribe and the State of Washington, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions that would cause application of another state’s laws. Notwithstanding anything to the contrary in these Terms of Use, nothing in these Terms of Use shall be construed as a waiver of the sovereign immunity of the Cowlitz Indian Tribe or the Cowlitz Tribal Gaming Authority or of any of its affiliates or subsidiaries, or of any employee, officer, or representative of any of them, which sovereign immunity is hereby expressly retained.
ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR MEMBERSHIP IN MOMENTUM WILL BE RESOLVED INDIVIDUALLY WITHOUT YOUR RESORTING TO ANY FORM OF CLASS ACTION LITIGATION.
ilani may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from ilani, you can click on the “unsubscribe link” provided in such communications or contact us at 1.877.GO.ilani (1.877.464.5264) or ilanicontactus@ilaniresort.com.
For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at 1.877.GO.ilani (1.877.464.5264), ilanicontactus@ilaniresort.com or by mail at:
Cowlitz Tribal Gaming Authority
ATTN: Legal Department
1 Cowlitz Way
Ridgefield, WA 98642
EFFECTIVE DATE: September 13th, 2021