Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the web sites, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by The Bayfield Inn, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Contributors.If you post material to the Websites, post links on the Websites, or otherwise make (or allow any third party to make) material available by means of the Websites (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Bayfield Inn or otherwise.
By submitting Content to The Bayfield Inn for inclusion on the Websites, you grant The Bayfield Inn a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
Without limiting any of those representations or warranties, The Bayfield Inn has the right (though not the obligation) to, in The Bayfield Inn’s sole discretion (i) refuse or remove any content that, in The Bayfield Inn’s reasonable opinion, violates any The Bayfield Inn policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Websites to any individual or entity for any reason, in The Bayfield Inn’s sole discretion.
- Responsibility of Website Visitors. The Bayfield Inn has not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating the Websites, The Bayfield Inn does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Bayfield Inn disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Websites links, and that link to the Websites. The Bayfield Inn does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, The Bayfield Inn does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Bayfield Inn disclaims any responsibility for any harm resulting from your use of websites and webpages.
- Copyright Infringement and DMCA Policy. As The Bayfield Inn asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Websites violates your copyright, you are encouraged to notify The Bayfield Inn in using the form at http://www.bayfieldinn.com/contact. The Bayfield Inn will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Bayfield Inn will terminate a visitor’s access to and use of the Websites if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Bayfield Inn or others. In the case of such termination, The Bayfield Inn will have no obligation to provide a refund of any amounts previously paid to The Bayfield Inn.
- Intellectual Property. This Agreement does not transfer from The Bayfield Inn to you any The Bayfield Inn or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Bayfield Inn. The Bayfield Inn, the The Bayfield Inn logo, and all other trademarks, service marks, graphics and logos used in connection with The Bayfield Inn, or the Websites are trademarks or registered trademarks of The Bayfield Inn or The Bayfield Inn’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Bayfield Inn or third-party trademarks.
Changes. The Bayfield Inn reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. The Bayfield Inn may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. The Bayfield Inn may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Websites are provided “as is”. The Bayfield Inn and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Bayfield Inn nor its suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
- Limitation of Liability. In no event will The Bayfield Inn, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. The Bayfield Inn shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless The Bayfield Inn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between The Bayfield Inn and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Bayfield Inn, or by the posting by The Bayfield Inn of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Wisconsin, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bayfield County, Wisconsin. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bayfield, Wisconsin, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Bayfield Inn may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.