Effective date: January 24, 2020 The Wayside Inn Foundation (“TWIF,” “us,” “we,” or “our”) owns and operates the https://wayside.org website (the “Website”). By using this Website, you accept the following agreement (the “Agreement”). This Agreement may be updated from time to time at the sole discretion of TWIF. Use of this Website at any time constitutes your acceptance of the latest version of this Agreement. If you do not accept this Agreement, do not use this Website.
RESTRICTIONS ON USE.
You acknowledge and agree that all content included on this Website, such as text, trademarks, graphics, videos, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of TWIF or our content suppliers or licensors, and is protected by U.S. and international copyright, trademark or other intellectual property laws. Except as otherwise indicated on this Website, any person using this Website is authorized to copy, print, or distribute any of its contents only as set forth below, and TWIF may terminate such authorization at any time. No one may frame this Website, or any portion thereof, without the express prior written permission of TWIF. Linking to this Website is permitted, provided that the link does not falsely imply or suggest that TWIF has endorsed, or is affiliated with, the linked website. TWIF is not liable for the contents of any third-party websites linked to our Website.
All trademarks, service marks, and trade names of TWIF or our grantees, partners, vendors, or licensors used herein (including, but not limited to, The Wayside Inn name and logos and Longfellow’s Wayside Inn name and logo) (collectively the “Marks”) are trademarks or registered trademarks of TWIF or its grantees, partners, vendors, or licensors as the case may be. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without TWIF’s prior written consent.
LIMITATIONS OF LIABILITY.
TWIF and our affiliates will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this Website and its contents, or a website linked to this site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. TWIF shall not be liable for submissions or the defamatory, offensive, or illegal conduct of any third-party and the risk of harm or damage from the foregoing rests entirely with you. Your sole and exclusive remedy for any claim or dispute with TWIF is to discontinue your use of the Website.
You agree to defend, indemnify, and hold TWIF harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from and related to (a) your use of the Website; (b) your violation of this Agreement; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any submissions that you provide to TWIF; or (f) any other party’s access to, and use of, the Website with your unique username, password, or other appropriate security code, if any.
COMMUNICATIONS AND INQUIRIES.
Any communication or form submitted by you to TWIF on or through this Website with respect to an inquiry for booking or reserving a guest room, meal, function, event, or participation in a program does not in any way constitute an obligation of TWIF to accept, honor, or commit to such inquiry and shall not, under any circumstances, be deemed to create a contract or other duty of TWIF to you to render or provide any goods or services on any date or at any time. All such communications or forms are received and accepted by TWIF as informational inquiries. TWIF can make no assurance it receives all communications or forms submitted through this Website and has no liability to you to respond to or honor any inquiry or request made by you through the Website.
PRICES AND HOURS OF OPERATION.
We make every effort to keep prices posted on our Website as accurate and up-to-date as possible but please note all prices for rooms, meals, events, functions, goods and other services that are posted on our Website are for informational purposes only. TWIF reserves the right to modify all prices or delete or add items, goods, or services or to change our hours of operation at any time in our sole and absolute discretion, with or without notice.
TWIF respects the intellectual property rights of others. If you believe that any material on this Website infringes your copyrights, you may notify us as at email@example.com. When we receive such a notice, we may remove or disable access to the material claimed to be infringing and/or, in appropriate circumstances, terminate the accounts or website access of any repeat infringers. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the individual or entity who submitted the material, so that that he or she has the opportunity to make a counter notification.
This Website is provided by TWIF on an “as is” and “as available” basis. TWIF makes no representations or warranties of any kind, express or implied, as to the operation of this Website, or the information included on this Website, or its availability or accessibility. You expressly agree that your use of this Website is at your sole and absolute risk. TWIF does not warrant that the information in this Website is accurate, reliable, or correct, or free from errors, that this Website will be available at any particular time or location, or that the Website is free of viruses or other potentially harmful components. This Website may contain technical inaccuracies, structural errors, nonfunctioning buttons or links, or typographical errors. TWIF may make changes to the Website and its contents or functions at any time in our sole and absolute discretion.
TWIF may suspend or terminate your use of the Website or your account at any time, for any reason, or for no reason. TWIF may also block your access to the Website in the event that (a) you breach this Agreement; (b) TWIF is unable to verify or authenticate any information you provide; or (c) TWIF believes that your actions may cause any type of harm, financial loss, or legal liability to TWIF or other website users.
TWIF makes no representation that materials on this website are appropriate or lawful for use or access in locations outside the United States. Access to this website from countries or territories where such access is illegal is prohibited.
Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws. Furthermore, our databases connected with this website are located in the United States. By posting to our website or sending us your data, you consent to its transfer to and from, and storage within, the United States.
You agree that your use of this Website, this Agreement, and any disputes relating thereto shall be governed in all respects by the laws of the Commonwealth of Massachusetts, USA. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Boston, Massachusetts, USA.