Last updated: 6/3/26

These Terms and Conditions (these “Terms“) are entered into by and between you, whether personally or on behalf of an entity (“you“), and Seventy-Six at Fall Creek, LLC (“Company,” “we,” “us,” or “our“), a Missouri limited liability company with an address at 800 State Hwy 248, Suite 4A, Branson, MO 65616.

We operate the website https://www.mrgvlbranson.com and any related websites, online features, content, functionality, products, services, reservations, communications, and other offerings that refer or link to these Terms (collectively, the “Services”).

Please read these Terms carefully before using the Services. By accessing or using the Services, creating an account, submitting information, making a purchase or reservation, clicking to accept these Terms when that option is made available, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all policies and supplemental terms incorporated by reference.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 18 years old. Persons under 18 years of age are not permitted to use or register for the Services.

1.- Incorporated Policies and Supplemental Terms
These Terms incorporate by reference our Privacy Policy, any terms of sale, booking terms, cancellation policies, resort policies, event terms, promotional terms, rewards program terms, and any other supplemental terms or policies that are posted on or made available through the Services from time to time. Supplemental terms apply to the portions of the Services to which they relate and control only to the extent they expressly conflict with these Terms. We recommend that you print or save a copy of these Terms for your records.

2.- Changes to These Terms
We reserve the right, in our sole discretion, to modify, amend, or replace these Terms from time to time. We will alert you to changes by updating the “Last updated” date above. You waive any right to receive specific notice of each change. Your continued access to or use of the Services after revised Terms are posted means that you accept and agree to the revised Terms. You are responsible for reviewing these Terms periodically to stay informed of updates. Any changes to dispute resolution provisions will not apply to a dispute for which the parties had actual notice before the effective date of the change.

3.- Our Services; Geographic and Regulatory Limitations
The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in that jurisdiction. If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with applicable local laws.

The Services are hosted in the United States. If you access the Services from outside the United States, you understand and agree that information you provide may be transferred to, stored in, and processed in the United States.

The Services are not tailored to comply with industry-specific regulations such as HIPAA, FISMA, GLBA, or similar laws. You may not use the Services in any manner that would subject us or the Services to such regulations unless we have expressly agreed otherwise in writing.

4.- Account Registration and Security
To access certain features of the Services, you may be asked to provide registration details, account credentials, payment information, or other information. It is a condition of your use of the Services that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your username, password, and any other account credentials. You agree that your account is personal to you and that you will not provide any other person with access to the Services using your account credentials. You must notify us immediately of any unauthorized access to or use of your account or any other breach of security.

We have the right to disable any username, password, account, or other identifier at any time, in our sole discretion, for any reason or no reason, including if we believe you have violated these Terms or applicable law.

5.- Intellectual Property Rights
The Services and their entire contents, features, and functionality, including all source code, databases, software, website designs, text, displays, photographs, images, video, audio, graphics, trademarks, service marks, logos, product and service names, designs, slogans, and the selection and arrangement of the foregoing (collectively, the “Content and Marks“), are owned by us, our affiliates, our licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, unfair competition, and other intellectual property and proprietary rights laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to download or print one copy of a reasonable number of pages of Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as expressly permitted in these Terms, you must not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, modify, create derivative works of, or otherwise exploit any part of the Services or any Content and Marks for any commercial purpose without our express prior written permission.

You must not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences, or graphics separately from accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices.
• Use our names, logos, product or service names, designs, slogans, or other marks without our prior written permission.
• Access or use any part of the Services, Content, or Marks in order to compete with us or for any revenue-generating endeavor or commercial enterprise not specifically endorsed or approved by us.

If you wish to make any use of the Services, Content, or Marks other than as permitted in these Terms, please contact us at 417.320.6013. If we grant permission, you must identify us and any applicable licensors as the owners or licensors of the relevant Content or Marks and ensure that all copyright, trademark, and proprietary notices remain visible.

We reserve all rights not expressly granted. Any breach of this section constitutes a material breach of these Terms, and your right to use the Services will terminate immediately.

6.- User Representations
By using the Services, you represent and warrant that:

• You have the legal capacity to enter into and comply with these Terms.
• You are at least 18 years old and are not a minor in the jurisdiction in which you reside.
• All information you submit to us is true, accurate, current, and complete.
• You will promptly update any account, contact, and payment information as necessary.
• You will not access the Services through automated or non-human means except as permitted by standard search engine or internet browser usage.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

7.- Submissions, Feedback, and User Contributions
The Services may allow you to send, submit, post, upload, publish, display, transmit, or otherwise provide questions, comments, suggestions, ideas, feedback, reviews, photographs, videos, text, personal information, or other materials to us or through the Services (collectively, “User Materials“).

Any User Materials you provide will be considered non-confidential and non-proprietary. By providing User Materials, you grant us and our affiliates, service providers, licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid license to use, reproduce, modify, adapt, perform, display, distribute, publish, transmit, disclose, create derivative works from, and otherwise exploit such User Materials for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

To the extent any User Materials consist of ideas, suggestions, comments, feedback, or similar submissions about the Services, you agree that we shall own and may use, share, and exploit such submissions for any lawful purpose without acknowledgment, restriction, or compensation to you.

You represent and warrant that:

• You own or control all rights in and to your User Materials and have the right to grant the rights described in these Terms.
• Your User Materials are original to you or you have all necessary rights, licenses, consents, releases, and permissions to provide them.
• Your User Materials do not infringe or violate any copyright, trademark, trade secret, patent, privacy, publicity, moral, contractual, or other rights of any third party.
• Your User Materials are not false, inaccurate, misleading, confidential, illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, or otherwise objectionable.
• You have obtained the written consent, release, and permission of each identifiable individual appearing in your User Materials to use that person’s name, image, likeness, voice, or other identifying characteristics in the manner contemplated by the Services and these Terms.

You are solely responsible for your User Materials, including their legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Materials provided by you or any other user. To the fullest extent permitted by law, you waive any moral rights in your User Materials and agree to reimburse us for all losses arising from your breach of this section, your violation of any third-party rights, or your violation of applicable law.

8.- Prohibited Activities
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors.
• Send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms.
• Transmit or procure the sending of any advertising or promotional material without our prior written consent, including junk mail, chain letters, spam, or similar solicitation.
• Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.
• Trick, defraud, mislead, disparage, tarnish, or otherwise harm us or any other user.
• Harass, annoy, intimidate, abuse, threaten, or harm any person, including our employees, agents, and service providers.
• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without our written permission.Use any robot, spider, scraper, offline reader, data mining tool, or other automatic device, process, or means to access, monitor, copy, or extract any material from the Services.
• Use any manual process to monitor, copy, or extract any material from the Services without our prior written consent.
• Circumvent, disable, or interfere with security-related features or features that prevent or restrict use or copying of Content.
• Use the Services in any manner that could disable, overburden, damage, impair, disrupt, or interfere with the Services or any other party’s use of the Services.
• Introduce or transmit viruses, Trojan horses, worms, logic bombs, spyware, web bugs, passive collection mechanisms, or other malicious or technologically harmful material.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, any account, any server, or any database connected to the Services.
• Attack the Services through a denial-of-service attack or distributed denial-of-service attack.
• Copy, adapt, decipher, decompile, disassemble, or reverse engineer any software comprising or making up any part of the Services, except as permitted by applicable law.
• Use a buying agent or purchasing agent to make purchases through the Services.
• Make unauthorized use of the Services, including collecting usernames or email addresses for unsolicited email or creating accounts by automated means or under false pretenses.
• Use the Services to advertise or offer to sell goods or services without our express approval.
• Use the Services as part of any effort to compete with us or otherwise use the Services or Content for a revenue-generating endeavor or commercial enterprise not specifically endorsed or approved by us.

9.- Content Standards
User Materials must comply with all applicable laws and regulations and must not:

• Contain defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, lewd, lascivious, filthy, libelous, slanderous, or otherwise objectionable material.
• Promote sexually explicit material, pornography, violence, discrimination, harassment, or unlawful activity.
• Infringe any patent, trademark, trade secret, copyright, moral right, privacy right, publicity right, or other right of any person or entity.
• Contain material likely to deceive any person.
• Cause annoyance, inconvenience, needless anxiety, embarrassment, alarm, or distress.
• Impersonate any person or misrepresent your identity or affiliation.
• Involve unauthorized contests, sweepstakes, sales promotions, barter, advertising, or solicitation.
• Give the impression that they originate from or are endorsed by us or any other person or entity when that is not the case.
• Violate any law concerning child pornography or otherwise intended to protect the health or well-being of minors.
• Include offensive comments connected to race, national origin, gender, sexual preference, disability, religion, age, or any protected category.

10.- Monitoring, Enforcement, and Services Management
We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Terms.
• Remove, refuse to post, restrict access to, limit the availability of, or disable any User Materials or other content for any reason or no reason in our sole discretion.
• Take any action with respect to any User Materials that we deem necessary or appropriate in our sole discretion, including if we believe the materials violate these Terms, infringe any rights, threaten personal safety, or could create liability for us.
• Disclose your identity or other information to any third party who claims that materials provided by you violate their rights, including intellectual property or privacy rights.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services.
• Report any user to law enforcement authorities in our sole discretion.
• Remove or disable files or content that are excessive in size or burdensome to our systems.
• Otherwise manage the Services in a manner designed to protect our rights and property and facilitate proper functioning of the Services.

We do not undertake to review all material before it is posted or transmitted through the Services and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, content, or materials provided by any user or third party.

You waive and hold us and our affiliates, service providers, licensees, successors, and assigns harmless from any claims resulting from any action taken by us or law enforcement authorities during or as a consequence of investigations.

11.- Purchases, Payments, Reservations, and Refunds
We may make products, services, reservations, event registrations, packages, or other offerings available through the Services. Additional terms, booking rules, cancellation policies, resort policies, third-party provider terms, or other conditions may apply to such transactions and are incorporated into these Terms by reference.

We accept the following forms of payment: cash, certified funds or credit card. You agree to provide current, complete, and accurate purchase, reservation, account, and payment information for all transactions made through the Services. You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so we can complete transactions and contact you as needed.

Prices, taxes, fees, deposits, resort fees, cancellation charges, and other amounts may be added or changed as deemed required by us or applicable law. All payments shall be in U.S. dollars unless otherwise stated. You authorize us and our payment processors to charge your selected payment method for all amounts due in connection with your transactions.

We reserve the right to correct any errors, inaccuracies, or omissions in pricing, descriptions, availability, or other information at any time, including after we have requested or received payment. We may change prices at any time. We reserve the right to refuse, limit, or cancel any order, reservation, or transaction placed through the Services, including orders that appear, in our sole judgment, to be placed by dealers, resellers, distributors, automated means, or unauthorized purchasing agents.

Except as otherwise expressly stated in a written booking, cancellation, or refund policy applicable to a specific transaction, all sales are final and no refund will be issued.

12.- Privacy Policy and Information About You
All information we collect through the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using the Services, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

13.- Third-Party Websites, Content, and Transactions
The Services may contain links to third-party websites, advertisements, sponsored links, resources, applications, software, content, products, or services (collectively, “Third-Party Materials“). Third-Party Materials are provided for your convenience only. We do not investigate, monitor, verify, warrant, endorse, guarantee, or assume responsibility for Third-Party Materials, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, availability, or policies.

If you access or use Third-Party Materials, you do so at your own risk and subject to the applicable third party’s terms and policies. Any purchases, reservations, communications, or transactions you make through third parties are exclusively between you and the applicable third party. You agree to hold us harmless from any harm, loss, or damage arising from or relating to Third-Party Materials or your interactions with third parties.

14.- Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal, does not damage or take advantage of our reputation, and does not suggest any association, approval, or endorsement by us without our express written consent.

You must not:

• Establish a link from any website that you do not own or control.
• Cause the Services or portions of them to be displayed on or appear to be displayed by any other site, including through framing, deep linking, or inline linking.
• Link to any part of the Services other than the homepage without our permission.
• Take any action with respect to the Services or Content that is inconsistent with these Terms.

Any website from which you link to the Services must comply with these Terms and all applicable laws. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We may withdraw linking permission, disable social media features, or disable links at any time without notice.

15.- Modifications, Interruptions, and Corrections
We reserve the right to change, modify, suspend, discontinue, or remove any part of the Services or any Content at any time or for any reason in our sole discretion without notice. We have no obligation to update information on the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, network, security, maintenance, operational, or other issues resulting in interruptions, delays, errors, or loss of access. You agree that we will have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime, modification, suspension, or discontinuance. The Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

16.- Term and Termination
These Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services, including blocking certain IP addresses, to any person for any reason or no reason, including breach of these Terms, breach of any representation or warranty, or violation of applicable law.

We may terminate or suspend your account, delete any content or information you posted, and prohibit any current or future use of the Services at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your own name, a fake or borrowed name, or the name of any third party, even if you act on behalf of that third party. In addition to terminating or suspending access, we reserve the right to pursue civil, criminal, injunctive, and equitable relief.

17.- User Data
We may maintain certain data that you transmit to the Services for purposes of managing and operating the Services, as well as data relating to your use of the Services. Although we may perform routine backups, you are solely responsible for all data you transmit or that relates to any activity you undertake using the Services. To the fullest extent permitted by law, we have no liability to you for any loss, corruption, deletion, or failure to store any such data, and you waive any right of action against us arising from any such loss, corruption, deletion, or failure.

18.- Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, reliability, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Services may include content provided by third parties, including other users, bloggers, licensors, vendors, advertisers, syndicators, aggregators, or reporting services. All statements, opinions, articles, responses, and other content provided by third parties are solely the opinions and responsibility of the person or entity providing them. Such materials do not necessarily reflect our opinions, and we are not responsible or liable to you or any third party for their content or accuracy.

19.- Disclaimer of Warranties
YOUR USE OF THE SERVICES, CONTENT, AND ANY PRODUCTS, SERVICES, RESERVATIONS, INFORMATION, OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, CONTENT, AND ANY PRODUCTS, SERVICES, RESERVATIONS, INFORMATION, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, AND COURSE OF DEALING.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE SERVICES, CONTENT, OR ANY PRODUCTS, SERVICES, RESERVATIONS, INFORMATION, OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, SECURE, ERROR-FREE, UNINTERRUPTED, AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE, MOBILE APPLICATION, BANNER, OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection, accuracy of data input and output, and external reconstruction of lost data. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malware, or other technologically harmful material that may infect your equipment, programs, data, or other proprietary material due to your use of the Services or any website linked to them.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20.- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ANY CONTENT, ANY WEBSITE LINKED TO THE SERVICES, OR ANY PRODUCTS, SERVICES, RESERVATIONS, INFORMATION, OR ITEMS OBTAINED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID DIRECTLY TO US THROUGH THE SERVICES FOR THE TRANSACTION GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE CLAIM AROSE.

The limitations in this section do not apply to liability that cannot be excluded or limited under applicable law. Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if those laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

21.- Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, subsidiaries, licensors, service providers, officers, directors, members, managers, employees, contractors, agents, partners, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees and expenses, arising out of or relating to:

• Your access to or use of the Services.
• Your breach of these Terms.
• Your breach of any representation, warranty, or covenant in these Terms.
• Your User Materials.
• Your violation of any third-party right, including intellectual property, privacy, publicity, contractual, or proprietary rights.
• Your violation of applicable law.
• Your use of any Content, products, services, reservations, or information obtained through the Services other than as expressly authorized in these Terms.
• Any overt harmful act toward another user or any person with whom you connected through the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification after becoming aware of it.

22.- Governing Law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are excluded from these Terms.

23.- Dispute Resolution

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim arising out of or relating to these Terms or the Services (each, a “Dispute“), the parties agree to first attempt to negotiate the Dispute informally for at least thirty (30) days before initiating arbitration or other proceedings, except for Disputes expressly excluded below. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute, except for the Disputes expressly excluded below, will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where applicable, the AAA Consumer Arbitration Rules. The arbitration may be conducted in person, through submission of documents, by telephone, by videoconference, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Taney County, Missouri. Except as otherwise provided in these Terms, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an arbitration award.

Court Proceedings
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted exclusively in the state or federal courts located in or serving Taney County, Missouri, and the parties consent to, and waive all defenses of lack of personal jurisdiction, improper venue, and forum non conveniens with respect to, such courts.

Class Action and Representative Action Waiver
To the fullest extent permitted by law, any arbitration or court proceeding shall be limited to the Dispute between the parties individually. No arbitration or proceeding may be joined with any other proceeding; no Dispute may be arbitrated or litigated on a class-action basis or using class-action procedures; and no Dispute may be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions
The following Disputes are not subject to informal negotiations or binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive or equitable relief.
If any portion of this dispute resolution section is found to be illegal or unenforceable, that portion shall be severed, and the affected Dispute shall be decided by a court of competent jurisdiction consistent with the venue provisions above, unless applicable law requires otherwise.

24.- Limitation on Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25.- Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, submitting online forms, making reservations, completing transactions, and otherwise communicating with us electronically constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, policies, records, and other communications we provide electronically, by email, or through the Services satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, notices, policies, records, and electronic delivery of transaction records initiated or completed by us or through the Services. You waive any rights or requirements under laws in any jurisdiction that require an original signature, delivery or retention of non-electronic records, or payments or credits by non-electronic means.

26.- California Users and Residents
If any complaint with us is not satisfactorily resolved, California users and residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

27.- Waiver and Severability
No waiver by us of any term or condition in these Terms shall be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition. Our failure to assert a right or provision under these Terms shall not constitute a waiver of that right or provision. If any provision or part of a provision of these Terms is held to be invalid, illegal, void, or unenforceable, that provision or part shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms continue in full force and effect.

28.- Assignment
We may assign, transfer, delegate, or subcontract any or all of our rights and obligations under these Terms at any time without notice or consent. You may not assign, transfer, delegate, or subcontract any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.

29.- Force Majeure
We will not be responsible or liable for any loss, damage, delay, failure, or inability to act caused by events or circumstances beyond our reasonable control, including acts of God, natural disasters, epidemic, pandemic, public health emergency, governmental action, labor disputes, supply shortages, power outages, telecommunications failures, internet failures, cyberattacks, security incidents, civil unrest, war, terrorism, fire, flood, weather events, transportation disruptions, or failures of third-party service providers.

30.- Relationship of the Parties
No joint venture, partnership, employment, agency, franchise, or fiduciary relationship is created between you and us as a result of these Terms or your use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them.

31.- Entire Agreement
These Terms, together with the Privacy Policy and any other policies, supplemental terms, booking terms, cancellation policies, or operating rules posted by us or made available through the Services, constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

32.- Contact Us
To resolve a complaint regarding the Services or to receive further information about use of the Services, please contact us at:

MRG Development, LLC
800 State Hwy 248, Suite 4A
Branson, MO 65616
417.320.6013
info@mrgdev.co

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, if any, in the manner and by the means set out in that policy. All other feedback, comments, requests for technical support, and communications relating to the Services should be directed to the contact information above.