Website Terms of Use

January 29, 2022

Effective date: January 29, 2022, The Wayside Inn Foundation (“TWIF,” “us,” “we,” or “our”) owns and operates the https://wayside.org website and all pages or extensions thereof or thereto (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 and absolute discretion of TWIF with or without notice. 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 or displayed on this Website, such as copy/text, trademarks, graphics, videos, video stills, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software (collectively, the “Content”), is the property of TWIF or our Content suppliers or licensors as noted, 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 use, copy, print, or distribute any of the Content 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 this Website.

PERMITTED USE
This Website and its Content is made available for limited noncommercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. No other use is otherwise permitted unless expressly agreed to in writing by an authorized representative of TWIF.

PROHIBITED USES
You agree not to use this Website or its Content for any purpose except as expressly permitted herein and you shall not, in any case, use this Website or its Content for any illicit, illegal, malicious, inappropriate, or prohibited purpose.

TRADEMARKS
All trademarks, service marks, and trade names of TWIF 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 and protected state or federal trademarks of TWIF. 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. For more information on use of our Marks, please see the “Trademarks” section of this Website and the “Use of Tradenames, Trademarks & Logos” section of “The Wayside Inn Property Use Policies for Photography, Videography, & Works of Art” policies under the Policies section of this Website.

LIMITATIONS OF LIABILITY
TWIF and its employees, officers, staff, trustees, and contractors 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 Content, or a website linked to this Website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, network or connection failure, or other computer, system, connection, or internet malfunction. No contract or other agreement for the provision of any goods or services is made by TWIF and you as the result of your provision of any information or inquiry made through this Website. 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 resulting from your use of this Website is to discontinue your use of the Website.

INDEMNITY
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 state or federal law, rule, or regulation or that of any other country; (e) any claim or damages that arise as a result of any submissions that you provide to TWIF through this Website; 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.

LINKED SITES
This Website may link to, or be linked from, other websites that are not owned, maintained, or controlled by TWIF and we therefore do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites, or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. You are advised to consult the terms of use and privacy policies of other websites that you may link to or visit from our Website.

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 or agreement 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 only. 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. TWIF is concerned with protecting the privacy of others, the security of data it collects, and the responsible, lawful use of our resources. Our cookie/privacy policy is available on our Website under the “Policies” section of this Website for your review.

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, rooms, 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.

COPYRIGHT NOTICE
TWIF respects the intellectual property rights of others. TWIF has made every reasonable effort to protect the Copyright owners of all Content on this Website as noted in our “Credits” section of this Website. If you believe that any Content or material on this Website infringes your copyrights, you may notify us as at admin@wayside.org. 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.

DISCLAIMER
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, functionality 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 on any particular device or system, or that the Website is free of viruses or other potentially harmful components. This Website may contain technical or factual inaccuracies, inconsistencies, structural errors, nonfunctioning buttons or links, or typographical errors. TWIF may disable access to this Website (or pages on this Website) or make changes to the Website (including but not limited to adding, removing or changing functions, sections, forms, plug-ins, actions, links, etc.) or its Content at any time in TWIF’s sole and absolute discretion with or without notice.

TERMINATION
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; (c) TWIF believes you have misused or may misuse any Content, or (d) TWIF believes that your actions may cause any type of harm, financial loss, or legal liability to TWIF or other Website users.

INTERNATIONAL USE
TWIF makes no representation that all materials or Content 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 all applicable 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, subject to all applicable United States state and federal laws.

GOVERNING LAW
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.

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