Terms of Use

Welcome to glaquarium.org. This website is owned and operated by the Lake Superior Center dba Great Lakes Aquarium, a Minnesota non-profit corporation (“we,” “us,” “our,” or “GLA“). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms“) apply to your use of our website (“Site“), and any information we may access through social media platforms such as Facebook or Twitter (collectively, our “System“), which is owned and operated by us.

Your use of the GLA website means that you accept and agree to these Terms of Use. If you do not agree to these Terms or our Privacy Policy, do not use or access the System.

We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of our Site or System, or any other service provided through glaquarium.org, means that you accept and agree to the modified Terms of Use.

Use of Third Party Sites and Services

GLA uses third-party providers for e-commerce store services and credit card processing services.  Currently, GLA’s third-party providers are current WooCommerce (www.woocommerce.com) and Authorize.net (www.authorize.net) (collectively, the “Third-Party Providers”).  GLA reserves the right to change the identities of the Third Party Providers without notice or your consent.  By using the System to purchase tickets or other merchandise from GLA, you are agreeing to be bound by the policies of the Third-Party Providers. The terms of service for WooCommerce are available at www.woocommerce.comand for Authorize.net at www.authorize.net.

By using the System, you agree that you will indemnify, hold harmless, and defend GLA and its officers, affiliates, and assigns, from any claim based on your use or misuse of the Third-Party Providers systems and services.

Credit Card Policies and Access to Personal Data

GLA does not retain, store, or have access to your credit card information, which you submit to a Third-Party Provider as part of the ticket purchase process.  GLA’s Third-Party Service Providers may retain that data as part of the purchase process.

GLA does not have access to any passwords that you create when you use the System to purchase tickets or other merchandise. GLA’s Third-Party Service Providers may retain that data as part of the purchase process.

Ticket Purchase and Delivery

Tickets you purchase from GLA are valid for ONE YEAR (12 MONTHS) from the date of purchase. Tickets that are expired will not be honored. After you complete the purchase process, you will receive an email with the tickets attached as a PDF document. You will need the Adobe Acrobat Reader plug-in, available from www.adobe.com, to view and print your ticket(s). The PDF may be printed or saved on a mobile device for admission to GLA. GLA will not print and mail tickets to you.

Each ticket is unique and every visitor in your party must have an individual ticket, which is valid for a single use at GLA.  The exception is for children age 2 and under, who will receive free admission to the Aquarium.

Ticket Refunds

 Refunds are available only for tickets purchased online via the System, and must be requested within 120 days of purchase.

 Intellectual Property

 You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use System content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any System content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.

Links to Other Websites and Connecting through Social Media

 The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GLA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SYSTEM, ANY CLAIM THAT YOUR COMMUNICATIONS WITH US OR ANY CONTENT YOU PROVIDE TO THE SYSTEM OR POST ON THE SYSTEM, IF SUCH POSTING IS POSSIBLE, VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Electronic Communications

Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Your electronic communications and data submitted to us as part of your use of the System may not always be encrypted.  You acknowledge that there is a risk that data, including email,  electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and us or between you and other parties using the System.  GLA is not responsible for securing your electronic communications or the devices you use to access the System.  We will have no liability for any damages of any kind caused by a breach of the System that results in a loss of your data.

Warranty and Limitation of Liability

GLA AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GLA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLA AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, THE APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GLA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Duluth, Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of St. Louis, in the State of Minnesota.

Miscellaneous Terms

These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the System.

Contact Information

For additional information pertaining to GLA or these Terms, please contact us at:

Great Lakes Aquarium

353 Harbor Drive

Duluth, MN 55802

Info@glaquarium.org

(218) 740-FISH (3474)