Terms

IMPORTANT – PLEASE READ CAREFULLY

THESE TERMS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS. IT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVERS AS SET FORTH IN SECTION 3, BELOW.

Boyne USA, Inc., d.b.a. Boyne Resorts and all affiliated companies, resorts, and brands (“Boyne,” “we,” or “us”) provide this website, all related websites, mobile and television apps, and all venue websites accessible via any of the foregoing (together, the “Sites”), promotions, and offers to sell or otherwise make available products, services, accommodations, and resort-related activities, or information regarding same, to consumers and businesses subject to your agreement to these Terms and Conditions (the “Terms & Conditions” or “Terms”), which are final.

By accessing or using the Sites, signing up for promotions of any kind (including email and text-based promotions), doing business with us in any way, or registering with us, you agree to be bound by these Terms.

We recommend you print out a copy of these Terms for your records. They can be downloaded here. We each agree, upon request, to provide to each other a signed copy of these Terms.

TABLE OF CONTENTS

SECTION 1. PRIVACY & SECURITY

SECTION 2. PRODUCT & SERVICE DESCRIPTIONS

SECTION 3. LEGAL DISPUTES – THE REQUIREMENT TO ARBITRATE

SECTION 4. INTELLECTUAL PROPERTY RIGHTS

SECTION 5. CONTACT INFORMATION & COMMUNICATIONS

SECTION 6. ADDITIONAL TERMS

1. PRIVACY & SECURITY
   Please read our Privacy Policy which is incorporated into these Terms & Conditions and governs your use of the Sites. You agree with and consent to our Privacy Policy, including the information collection, transmittal, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms, these Terms will control to the fullest extent permitted by law. Like most websites, our Sites may cause information concerning you or your usage of the Sites to be transmitted by your web browsing software to third parties acting for or on behalf of Boyne. By agreeing to the Terms & Conditions, you consent to these communications.
   
2. PRODUCT & SERVICE DESCRIPTIONS
   We work hard to be as accurate as possible. Errors will be corrected when discovered and we have the absolute right to revoke any stated offer and correct any error, inaccuracy, or omission (including after an order or request has been submitted by you or an order or request confirmation has been sent by us). Such errors shall not be binding on you or Boyne, and you agree to Boyne’s right to correct such errors without liability.
   
3. LEGAL DISPUTES – THE REQUIREMENT TO ARBITRATE
   We hold our relationships with our customers and all others using the Sites in the highest regard. On occasion, a third party may be necessary to help resolve Disputes (defined below) that may arise between you and Boyne, and this Section of the Terms & Conditions (the “arbitration agreement” or “Section 3”) limits you and Boyne to arbitration (or small claims court, if a claim qualifies) in all such instances.This arbitration agreement constitutes a separate agreement between you and Boyne which shall be interpreted and enforced without reference to any other provision of the Terms.
   
   YOU AND BOYNE AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND YOU AND BOYNE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.
   
   All Disputes Covered. The term "Disputes" is defined broadly to include, without limitation, all disputes, complaints, claims, and controversies of any type, including, but not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims and controversies, as well as those involving allegations of negligence, fraud, and misrepresentation.
   
   All Persons and Entities Covered. This arbitration agreement extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and all others acting on behalf of you or Boyne, including those on whose behalf you visit the Sites. In addition, it is binding on the heirs, successors, agents, and assigns of you and Boyne, as well as all corporations and other business entities related in any way to Boyne (including, but not limited to, parents, subsidiaries, and sibling corporations). If a Dispute involves parties who are not subject to this arbitration agreement, claims involving such parties shall be stayed pending the resolution of all related arbitrations.
   
   Governing Law. This arbitration agreement is governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws. You and we agree that this arbitration agreement involves interstate commerce under the FAA. The laws of the Michigan, but not including its conflicts of law rules, shall govern exclusively the resolution of all Disputes unless preempted by federal law.
   
   Opt-Out Rights. You have the right to opt out of this arbitration agreement by sending a written notice expressly stating “I opt out of the arbitration requirement” or words to that effect to: arbitration@boyneresorts.com, or by writing to us at 3951 Charlevoix Avenue, Petoskey, MI 49770 within thirty (30) days after you first agree to these Terms & Conditions. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Boyne, nor does it eliminate or change any other rights or requirements of the Terms & Conditions.
   
   Mandatory Informal Settlement Process. Before initiating an arbitration or small claims court case, you and Boyne must first participate in the informal dispute resolution process as follows:
   
   (a) To start the informal settlement process, the party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s full name, mailing address, email address, the date(s) the Dispute arose, a detailed explanation of the facts relevant to the Dispute, and a proposal for resolving it, including any claimed amount and how that amount was calculated. The Respondent may request additional information, and the Claimant agrees to reasonably investigate and provide additional information responsive to the Respondent’s request. You agree to send Dispute Statements by email to Boyne at dispute@boyneresorts.com, or by certified mail, return receipt requested to 3951 Charlevoix Avenue, Petoskey, MI 49770.
   
   (b) If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to share information about the Dispute with the named attorney. The Claimant's attorney must sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). The certified Claim Statement will be admissible in any arbitration or court proceeding related to arising out of any Disputes.
   
   (c) Once a Claim Statement meets the requirements of the arbitration agreement is received by the Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitations for the 60-day period starting from the date the Respondent receives a Claim Statement compliant with these requirements.
   
   (d) Failure to complete in good faith the informal settlement process is a material breach of this arbitration agreement. Any arbitration or small claims court action filed under this arbitration agreement must state affirmatively that the Claimant has completed in good faith the informal settlement process. No arbitrator may be appointed to hear a Dispute if the requirements of the informal settlement process have not been satisfied, the requirements of which cannot be waived.
   
   (e) At the end of the informal settlement process, unresolved Disputes from the Claim Statement, and no others, can then and only then be pursued on an individual basis only either in (1) binding individual arbitration (as provided for below), or (2) small claims court, if the requirements of small claims court are satisfied.
   
   No Class Actions. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS SPECIFIED IN THE MASS ARBITRATION RULES, BELOW, YOU AND WE AGREE THAT ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY, AND NOT VIA CLASS ACTION, EVEN IF THE REQUIREMENT TO ARBITRATE IS FOUND TO BE UNENFORCEABLE FOR ANY REASON.
   
   This means: (a) neither you nor Boyne can file or participate in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine claims from multiple claimants or oversee a consolidated, class, or representative action; and (c) an arbitrator’s decision or award will apply only to a specific claimant's Dispute and no others. This section does not limit the relief available to you or us in individual arbitration or small claims court, nor does it restrict either party's right to settle Disputes by mutual agreement, including through class-wide settlements via mediation or other means.
   
   Fees and Costs. You and we are responsible for our own costs and attorneys’ fees in connection with all Disputes. However, either party may seek to recover such fees and costs if allowed by applicable law or arbitration rules. If an arbitrator finds that a claim or counterclaim was made or prosecuted in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the defending party to the fullest extent permitted by governing arbitration rules.
   
   Changes. If Boyne changes this arbitration agreement after you last accepted the Terms, you can reject those changes by sending written notice within 30 days of the effective date of such changes to: arbitration@boyneresorts.com, or by writing to us at 3951 Charlevoix Avenue, Petoskey, MI 49770. The notice must include your full name, e-mail address and mailing address, and clearly state that you reject the arbitration agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the version of the arbitration agreement that was in effect when you last agreed to the Terms.
   
   Improperly Commenced Arbitration. If either party believes the other party has started or is about to start an arbitration in violation of this arbitration agreement (including the Mass Arbitration Rules set forth below), you and Boyne agree that that party can request a court order to stop the arbitration and that any arbitration related to such a court action shall be stayed until the court action is concluded. The court in such action shall have the authority to order the payment of costs and reasonable attorneys' fees upon a finding that an arbitration was knowingly commenced in violation of this arbitration agreement.
   
   Survival. The arbitration agreement will survive and remain in effect even after your relationship with Boyne has ended and despite any action seeking to terminate any agreement between you and Boyne.
   
   Severability. Except as expressly provided in the Mass Arbitration Rules, below, if any part of the arbitration agreement is found to be unenforceable, the remaining provisions will still apply to the fullest extent allowed by law.
   
   ARBITRATION RULES AND REQUIREMENTS
   
   General Rules. In arbitration, there is no judge or jury, but the arbitrator has the authority to hear all Disputes and grant the same relief a court could. The arbitrator must interpret and apply the Terms and this arbitration agreement just as a court would. The results of an arbitration shall have no effect on other Disputes between you and Boyne, and shall not be binding in any Disputes involving Boyne and parties other than you.Any court with proper authority and jurisdiction can enforce this arbitration agreement, including any matters related to Mass Arbitration, as defined below. The court shall have full authority prevent the filing or continuation of any arbitration and the imposition of fees and costs associated with any arbitration threatened or commenced in violation of this arbitration agreement.
   
   Delegation. Except as expressly provided in connection with the Mass Arbitration Rules below, all matters relating to the existence, scope, and enforceability of this arbitration shall, to the fullest extent permitted by law, be decided in arbitration. This provision does not limit either party’s right to challenge in a court of competent jurisdiction an improperly threatened or commenced arbitration as provided for in this arbitration agreement.The determination of these issues in one arbitration shall not be binding or admissible in any other arbitration.
   
   Offer of Settlement. In any arbitration between you and Boyne, the Respondent may choose to make a written settlement offer at any time after the initiation of an arbitration but is under no obligation to do so. The settlement offer amount and its terms will not be revealed to any arbitrator until after an award (including any dispositive decision) is made. To the fullest extent permitted by law, if the award is less than the settlement offer or favors the Respondent, the Claimant must pay the Respondent’s arbitration fees and costs incurred after the offer to the fullest extent permitted by law and governing arbitration rules.
   
   Individual Versus Mass Arbitrations.The arbitration process will vary depending on whether the Dispute is pursued individually or as part of a Mass Arbitration (defined below). These individual arbitration rules do not apply to Disputes that are part of a Mass Arbitration except in connection with the limited bellwether arbitrations described in the Mass Arbitration Rules below.
   
   AAA Arbitrations. If the American Arbitration Association (“AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this arbitration agreement (including as a result of any aspect of this arbitration agreement which does not meet with the AAA’s approval), or otherwise finds that it cannot arbitrate a Dispute, you and Boyne will negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in accordance with all of the requirements of this arbitration agreement. If no such agreement is reached, the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9 U.S.C. § 5 to conduct the arbitration in accordance withthe requirements of this arbitration agreement.
   
   Individual Arbitration Rules. All individual arbitrations (those not subject to the Mass Arbitration Rules, below) shall be before a single arbitrator of the AAA. Arbitrations involving consumers will be governed by this arbitration agreement and the AAA Consumer Arbitration Rules (“Consumer Rules”) and the AAA Consumer Due Process Protocol (https://www.adr.org/consumer). However, the Consumer Rules shall only apply if the Dispute involves or is related to goods or services offered or purchased for personal or household use, and not goods or services offered or purchased for any other use or purpose, including in support of a business, job, or profession or for resale. Arbitrations not governed by the Consumer Rules shall be governed by this arbitration agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules (https://www.adr.org/commercial). If there is a conflict between this arbitration agreement and any applicable AAA rules and protocols, the terms of this arbitration agreement shall control.
   
   For consumer arbitrations where claims or counterclaims are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-29 of the Consumer Rules (or its successor under the AAA Consumer Rules). However, the arbitrator may permit reasonable and appropriate discovery (proportionate to the Dispute amount and not imposing undue cost or hardship on either of the parties), and may also allow a hearing by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is reasonable compared to the Dispute amount. All decisions by an arbitrator, including any awards, can be enforced or confirmed in any court with proper jurisdiction, but they shall have no precedential effect in any other arbitration.
   
   To begin an arbitration with the AAA, the informal settlement process outlined above must first be completed. Afterward, the claiming party must send a letter describing the Dispute, including any amount claimed, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website (https://www.adr.org/Support).
   
   Any attorney representing a Claimant must sign, under oath or penalty of perjury, a Rule 11 certification with regard to the arbitration demand, which certification shall be included with any arbitration demand under this arbitration agreement. This certification will be admissible in any arbitration or court proceeding, and the arbitrator shall have the authority to impose sanctions as provided for by Rule 11 to the fullest extent permitted by governing arbitration rules.
   
   Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose to [NAME] intention to file demands for arbitration against Boyne raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitration Rules shall exclusively govern, to the exclusion of any other rules applying to mass arbitrations published by any arbitration organization, including the AAA. Any dispute concerning whether these Mass Arbitration Rules apply or challenging the enforceability of any of these Mass Arbitration Rules may only be resolved by a court of competent jurisdiction, and no arbitrator shall be appointed in the event of a dispute concerning the enforceability of these Mass Arbitration Rulesin the absence of such a court determination except by agreement of the parties.
   
   Each Mass Arbitration Claimant must satisfy the informal settlement process outlined above before proceeding to arbitration, including the requirement of a signed certification of counsel under oath or penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11 for each claimant. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11 to the fullest extent permitted by governing arbitration rules. Lawyers representing the Mass Arbitration Claimants shall also certify, under oath, that no other attorney represents any of the Mass Arbitration Claimants in connection with Disputes raised during the informal settlement process.
   
   If the informal settlement process fails for any of the Mass Arbitration Claimants, counsel for the parties will each select up to three (3) Mass Arbitration Claimants (totaling no more than six (6). with an equal number selected by counsel for the Mass Arbitration Claimants and counsel for Boyne) for bellwether arbitrations which will be decided individually under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. Any other arbitration claims which have been filed by other Mass Arbitration Claimants must be dismissed without prejudice before the bellwether arbitrations can be arbitrated.
   
   All bellwether arbitrations must be completed within 120 days of their commencement unless otherwise agreed. No further arbitration demands can be filed by Mass Arbitration Claimants during the pendency of the bellwether arbitrations or during the subsequent mandatory mediation process described below.
   
   After the bellwether cases are resolved, the parties’ counsel will promptly participate in good faith in non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes of the Mass Arbitration Claimants. This mediation will be conducted by a mediator mutually agreed to by counsel for the parties.
   
   To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for their Disputes will be paused until the completion of the informal settlement process, the bellwether arbitrations, and mandatory mediation, as described above.
   
   Mass Arbitration Claimants whose claims remain unresolved after mediation can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and not with the AAA or any other arbitrator or arbitration-sponsoring organization). The applicable FairClaims rules shall be either those for Small Claims or the Fast Track rules depending on the claim amount, asset forth here (https://www.fairclaims.com/). Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only, but shall not be binding. Discovery obtained in the bellwether cases may be used in connection with FairClaims arbitrations subject to appropriate confidentiality protections.
   
   Each of the requirements of these Mass Arbitration Rules are material and mandatory. If any such requirement is determined to be unenforceable for any reason in a court decision as to which further review is foreclosed, and as to which all available motions, appeals, and petitions for review have been resolved fully or not timely pursued (a “Final Determination”), all unresolved Disputes between the Mass Arbitration Claimants and Boyne shall be resolved in the courts of the Michigan. Boyne shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision as a class action, the class of plaintiffs shall be strictly limited to Mass Arbitration Claimants who have satisfied the informal settlement process and whose disputes are unresolved.
   
   If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination, those Mass Arbitration Claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules or any aspect of them are unenforceable will not affect the validity or enforceability of any other parts of this arbitration agreement or any other part of the Terms.
   
4. INTELLECTUAL PROPERTY RIGHTS
   The Sites contain trademarks, copy, and designs that are owned by Boyne and may not be used by you without our prior written authorization in connection with the sale or promotion of products and services or used in any manner that is likely to cause confusion among our customers or wrongfully disparages or discredits us.
   
5. CONTACT INFORMATION & COMMUNICATIONS
   Except as otherwise provided in these Terms & Conditions, please contact Boyne via mail at info@boyneresorts.com, by telephone at 231.439.4750, or by mail at 3951 Charlevoix Avenue, Petoskey, MI 49770. Please include with any correspondence information that will help us assist you with your inquiry, request, or Dispute, together with your name, mailing address, and email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
   
6. ADDITIONAL TERMS
   Boyne has unrestricted right to assign this agreement and transfer its rights and obligations hereunder to another company or individual. Neither you nor Boyne shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these terms due to any failure or delay in fulfilling or performing any obligation under this Terms when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. The Sites may contain links to third-party websites that are not under Boyne’s control. Boyne makes no claim and accepts no responsibility regarding the quality, nature, or reliability of those websites. Boyne provides such links to you as a convenience and the inclusion of any link does not imply endorsement by Boyne or any association with the operators of such websites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites. If, notwithstanding Section 3, above, any action between you and Boyne proceeds in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the State of Michigan to the fullest extent permitted by law. No waiver of any provision or any breach of these Terms will constitute a waiver of any other provisions or any other or further breach. If any provision of these Terms determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable.
   
   LIMITATIONS ON WARRANTIES
   
   A. TO THE FULLEST EXTENT PERMITTED BY LAW,BOYNE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) ARISING OUT OF OR RELATING TO THE SITES.
   
   B. ALTHOUGH BOYNE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.YOU, AND NOT BOYNE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECT THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF SITES AND THEIR CONTENT. BOYNE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT OF THE SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
   
   LIMITATIONS ON LIABILITY
   
   A. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BOYNE OR ITS RELATED BUSINESS ENTITIES (INCLUDING PARENTS, SUBSIDIARIES, SIBLINGS, AND AFFILIATES), EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES.
   
   (a) THESE LIMITATIONS ON LIABILITY APPLY EVEN IF BOYNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED IN ANY WAY WITH THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THEM. 
   (b) THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY'S ESSENTIAL PURPOSE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT BOYNE WOULD NOT ALLOW THE USE OF THE SITES WITHOUT YOUR AGREEMENT TO THIS TERM. 
   
   B. THESE LIMITATIONS ON LIABILITY SHALL APPLY TO ALL CLAIMS, INCLUDING THOSE ARISING OUT OF CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM OR DESCRIBED BY THE SITES.
   
   INDEMNIFICATION
   
   TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BOYNE, ITS AFFILIATES, AND ALL OF THEIR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITES.