PRIVACY & LIABILITY WAIVER
This is the website of:
H2OBX Waterpark
Our postal address is:
H2OBX Waterpark
8526 Caratoke Highway
Powells Point, NC
We can be reached via e-mail at info@h2obxwaterpark.com. We can also be reached by telephone at (252)491-3000.
Liability Waiver:
In Consideration of H2OBX LLC, d/b/a H2OBX, (hereinafter “H2OBX”) their successors and/or assigns furnishing services to enable me to participate in waterpark attractions, adventure and any or all other related and/or secondary activities, I agree as follows:
I fully understand and acknowledge my likeness may be used in promotional activity. I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers and hazards and that such risks exist in my use of the water and adventure park rides, pools and amenities and any and all other outdoor equipment and structures and my participating in waterpark and adventure uses and any/all related and/or secondary activities; (b) my participation in such activities and/or use of such equipment or structures or pools may result in injury or illness including, but not limited to, bodily injury, drowning, disease, strains, fractures, partial and/or total paralysis or other ailments that could cause serious illness, permanent disability or even death; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers, members or agents of H2OBX, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, participating in any rides, pools, rivers, play structures and such other risks, hazards, and dangers that are integral to recreational activities that take place in an outdoor recreational water and adventure park environment and (d) by my participation in these uses of the waterpark and adventure activities. Patrons of activities, by participation, accept the risk inherent in such activities of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the activities and to obey all oral and written instructions and warnings, prior to or during participation. Patrons have a duty to refrain from participating in or on any activity, under the influence of drugs or alcohol. Patrons have a duty to properly use all safety equipment. Other risks include, but are not limited to, slips and falls, risk of drowning, and other inherent risks associated with swimming and wading pools and other attractions, wet and dry, that present the risk of injury or death. I hereby agree that I AM VOLUNTARILY PARTICIPATING IN SUCH ACTIVIITES. THAT I HAVE BEEN ADVISED OF THE RISKS AND HEREBY ASSUME ALL RISKS AND DANGERS AND ALL RESPONSBILITY FOR ANY LOSSES AND/OR DAMAGES, WHETHER CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OR OTHER CONDUCT OF THE OWNERS, AGENTS, OFFICERS, MEMBERS OR EMPLOYEES OF H2OBX, OTHER GUESTS, OR BY ANY OTHER PERSON.
I, ON BEHALF OF MYSELF AND MY SUCCESSORS OR ASSIGNS HERBEY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY H2OBX, LLC AND H2OBX, AND THEIR RESPECTIVE OWNERS, AGENTS, OFFICERS, MEMBER AND EMPLOLOYEES FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHERWISE THAT MAY ARISE OUT OF MY USE OF THE WATER AND ADVENTURE PARK ACTIVITIES AND ANY OTHER EQUIPMENT, STRUCTURES OR PRIMARY OR SECONDARY USES. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING, AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR OTHER CONDUCT BY THE OWNERS, AGENTS, OFFICERS, MEMBERS OR EMPLOYEES OF H2OBX OREPR RESORTS LLCTHEIR SUCCESSORS AND/OR ASSIGNS.
I agree that all disputes arising under this contract and/or from my use of the facilities and attractions at H2OBX shall be litigated exclusively in Dare County Superior Court, Dare County, North Carolina. I understand and agree that this Agreement is governed by the law as of North Carolina. I represent and warrant that I am signing this contract with the consent of my spouse (if any) and understand that I may be giving up the rights of my child and spouse to sue as well as giving up my own right to sue. I further agree that if any part of the Agreement is determined to be unenforceable, all others parts shall be given full force and effect.
I HAVE READ THE ABOVE WAIVER AND LIABILITY RELEASE IN FULL AND AGREE IT IS MY INTENTION TO EXEMPT AND HOLD HARMLESSH2OBX, LLC AND H2OBX, AND THEIR RESPECTIVE OWNERS, AGENTS, OFFICERS, MEMBERS AND EMPLOYEES AND THEIR SUCCESSORTS AND ASSIGNS FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
Information Collected by our Website:
For each visitor to our Web page, our Web server automatically recognizes the consumer's domain name and e-mail address (where possible). We collect the e-mail addresses of those who post messages on our chat room, purchase online sales, and communicate with us via e-mail. We also collect information volunteered by the consumer, such as survey information and/or site registrations.
The information we collect is used to improve and customize the content and/or layout of our pages for each individual consumer. It is also used by us to contact consumers for marketing purposes and is stored in a database for our business mailing lists. The information is not shared with other organizations for commercial purposes. If you do not want to receive e-mail from us in the future, please let us know by sending us an e-mail at info@h2obxwaterpark.com with the words "REMOVE FROM E-MAIL LIST" in the subject field.
If you supply us with your postal address on-line, you will only receive the information for which you provided us your address. You may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending us an e-mail at info@h2obxwaterpark.com with the words "REMOVE FROM MAILING LIST," in the subject field.
Persons who supply us with their telephone number on-line may receive telephone contact from us with information regarding orders they have placed online or information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by sending us e-mail at info@h2obxwaterpark.com.
Aggregate Information
Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently, or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped at our website who are 25 years of age is aggregate information that does not personally identify a specific user. Tracking Internet Protocol (IP) addresses is one method of collecting aggregate information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers that deliver the Web pages to you automatically identify your computer by its IP address. When you request a page from our site, our servers log your IP address.
H2OBX Waterpark may share aggregate information with third parties for advertising and promotional purposes. H2OBX Waterpark does not share, sell, or trade with third parties your personal information, such as e-mail addresses, information collected as a part of a survey, or specific details about you. We do not contribute to or participate in cooperative databases that give other companies access to your personal information.
Security and SSL
Protecting your order information is a priority for us. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information.
To check the security of your connection, look at the lower left-hand or right-hand corner of your browser window after accessing the e-commerce server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https."
Some versions of browsers and some firewalls do not permit communication through secure servers. In that case, you may not be able to connect to the server and therefore may not be able to place an order through an insecure connection. If you cannot access the secure server for any reason, please place your order by phone at (252)491-3000.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Children and Privacy
We will never knowingly request personally identifiable information from anyone under the age of 18 without prior verifiable parental consent. If we become aware that a customer is under the age of 18 and has submitted personal information to us without prior verifiable parental consent, we will remove his or her personally identifiable information from our files.
Links to Other Sites
Occasionally we provide links to other sites we think you will enjoy. These sites operate independently of H2OBX Waterpark and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit.
Ticket Holder Photo Policy
The person using a ticket to H2OBX Waterpark grants permission to H2OBX Waterpark to use his/her image or likeness in advertising and promotional materials without prior notification and without payment to the ticketholder.
Gift Card and Gift Card/Season Pass Reload Policy
Gift cards can be purchased online or during park operating hours at Guest Services. Gift Cards can be used for online purchases at www.h2obxwaterpark.com or int he park for tickets, passes, cabanas retail and dining. Gift cards can be reloaded. Season Passes can alos have monies put on them to be used in the park at any outlet. These balances, wheather initial Gift Card, a Gift Card reload or a Season Pass reload, can not be exchanged for cash, check or credit. If this card is lost or stolen it will not be replaced. While the balances never expire, there are no refunds for full or partial balances.
Updates to Our Information Practices
We are always looking for ways to improve our site's features and services – and to improve the way we communicate our information practices. As a result, this statement is updated from time to time. We encourage you to periodically review this page for the latest information on privacy policies at www.h2obxwaterpark.com.