Terms of Use — WaterParkUSA.org — Delaware Law, AAA Arbitration

1. Acceptance

By accessing or using waterparkusa.org/, you agree to these Terms of Use and to our Privacy Policy, Cookie Policy, Disclaimer, Copyright & IP Policy, Editorial Policy, Sources & Methodology, and Accessibility Statement. If you do not agree, please do not use the site.

2. Permitted Use

• Read content for personal, informational, or educational purposes
• Print or save individual pages for personal reference
• Share links to specific pages by URL
• Quote brief extracts under fair use (17 U.S.C. §107), with attribution to waterparkusa.org/ and a link to the source page
• Use park contact details to contact the park or visit in person
• Use the site as a starting point to find a park (verify with the park itself before relying)

3. Prohibited Use

• Use the site to misrepresent yourself as the CPSC, the CDC, a health department, a park operator, or a specific park
• Use the site to operate an unauthorized ticket-resale service
• Scrape, mass-download, or systematically extract content for commercial republication or to build a competing directory
• Use the site to harass, threaten, dox, or otherwise harm any individual, including park staff
• Republish content under a different brand without permission
• Reverse-engineer, decompile, or attempt to extract source code from any site infrastructure
• Use the site to deliver malware, conduct attacks, or otherwise interfere with site operation in breach of the Computer Fraud and Abuse Act (18 U.S.C. §1030) or comparable state statutes
• Use the site in any manner that breaches FTC Act Section 5, your state’s UDAP statute, the Lanham Act, or any other applicable federal or state law

4. Your Consumer-Rights Position

5. Intellectual Property

The original editorial content of waterparkusa.org/ — directory entries, visit guides, comparison tables, step-by-step procedures, and design — is protected by copyright under U.S. copyright law (17 U.S.C. §101 et seq.). Subject to fair use (17 U.S.C. §107) and the permitted-use clause above, all rights reserved.

U.S. federal-government works (e.g., CPSC and CDC publications) are public-domain under 17 U.S.C. §105 and are freely reused here with attribution.

We use the names of regulators, industry bodies, park operators and parent companies nominatively — for example, “CPSC”, “CDC”, “WWA”, “Six Flags”, “Great Wolf Lodge”, “Kalahari Resorts”, and individual park names — to identify the entity our entry covers. This is fair use under the Lanham Act §33(b)(4) (15 U.S.C. §1115(b)(4)) and the nominative-fair-use doctrine (New Kids on the Block v. News America, 9th Cir. 1992; Toyota Motor Sales v. Tabari, 9th Cir. 2010), where the use is not likely to cause confusion as to source, sponsorship, or affiliation.

6. User Submissions

If you send us a correction, comment, or suggestion, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and incorporate the submission into the site for editorial purposes. We will not publish your name or contact details without permission.

7. Third-Party Content and Links

The site links extensively to the CPSC, the CDC, the WWA, IAAPA, the PHTA, individual parks, operator websites, parent-company websites, health departments, the FTC, and other third-party sites. We do not control those sites and are not responsible for their content, availability, accuracy or privacy practices. A link is not an endorsement.

8. Disclaimers

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that park URLs, telephone numbers, hours, seasons, admission prices, or attraction line-ups are current at any specific moment — details change frequently, and the park’s own published page is the authoritative current reference.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, waterparkusa.org/ AND ITS OPERATORS, EDITORS, CONTRIBUTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL LOSS ARISING FROM YOUR USE OF THE SITE OR YOUR RELIANCE ON ANY CONTENT. Aggregate liability to any user is capped at one hundred U.S. dollars (US$100).

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable U.S. law — including liability for personal injury caused by gross negligence, fraud, fraudulent misrepresentation, or any liability your home state preserves under its consumer-protection statute.

10. Indemnity

You agree to indemnify and hold harmless waterparkusa.org/ and its operators, editors, contributors, and agents from any claim, loss, liability, demand, or expense (including reasonable attorneys' fees) arising from your breach of these Terms or your misuse of the site, including any unauthorized commercial scraping, any misrepresentation as a regulator or park, or any harassment of park staff.

11. Binding Arbitration and Class-Action Waiver

You and waterparkusa.org/ agree that any dispute arising out of or relating to these Terms or your use of the site will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The seat of arbitration is Wilmington, Delaware. Arbitration is governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.).

Class action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as plaintiff or class member in any purported class or representative proceeding.

Exceptions to arbitration. Either party may bring an individual action in small-claims court for any claim within that court’s jurisdiction. You retain the right to file a complaint with any federal, state, or local agency — including the FTC, the CPSC, or your state Attorney General — and nothing here limits such filings or any statutory right to pursue public-injunctive relief where state law preserves it (as under McGill v. Citibank in California).

30-day right to opt out of arbitration. You may opt out by emailing info@waterparkusa.org within 30 days of first using the site, with the subject “Arbitration opt-out” and your contact details. Opt-out has no effect on any other provision.

12. Term and Termination

These Terms are effective until terminated. We may terminate or suspend access at any time. Sections that by their nature should survive termination — IP, disclaimers, liability cap, indemnity, arbitration, governing law, miscellaneous — survive.

13. Governing Law and Venue

These Terms and any non-contractual obligations are governed by the laws of the State of Delaware, excluding its conflict-of-laws principles. Subject to the arbitration clause above, courts located in New Castle County, Delaware have exclusive jurisdiction. Mandatory consumer-protection provisions of the state where you are resident continue to apply.

14. Changes to These Terms

We may update these Terms. The “Last reviewed” date at the top reflects the current version. Material changes are flagged on the site for 30 days. Continued use after the effective date of changes constitutes acceptance.

15. Miscellaneous

• Severability. If any clause is found unenforceable, the rest of the Terms remain in effect.
• No waiver. Our failure to enforce any clause is not a waiver of future enforcement.
• Entire agreement. These Terms with the policies incorporated by reference constitute the entire agreement.
• Assignment. You may not assign these Terms; we may assign them in connection with any sale, merger, or reorganization.
• Headings. Section headings are for convenience only.

16. Contact

For any question about these Terms, email info@waterparkusa.org with the subject “Terms query”.