Definitions Applying to this Agreement: “You,” the “user,” or “users” include you, your parent, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs. “Meadowmere” and “Owner” means The Meadowmere Resort and includes any affiliated companies it may have. “Site” means the Internet web site known by the universal resource locators (“URLs”) and domain names: http://www.meadowmere.com, or any other URLs or domain names of Meadowmere, and all pages, sections, areas and parts of it and “Information” (as defined herein) displayed, presented or found at or through it. “Information” means and includes: (1) all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through the Site, regardless of whether Meadowmere or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user. The term “Information” also includes “Trademarks” (as defined herein). “Documents” means materials and documents of third parties submitted by Meadowmere and published or found at or through the Site. “Information” (as defined herein) also includes “Documents.”
Ownership of the Site & Information: This Site is owned and operated by Meadowmere. The “Information” found at the Site, whether provided by Meadowmere independently or in conjunction with other parties. The Information is copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at the Site and by the statutes, regulations, ordinances, judicial and governmental decisions, requirements and other laws of the fifty states, as well as of the federal government of the United States of America, including without limitation, those governing agreements, contracts, commercial engagements and those protecting intellectual property and other proprietary rights, and U.S. and international copyright laws and other law. All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not (“Trademarks”) found at the Site or in the Information are owned by Meadowmere or others, and are protected by such law, including those specifically addressing rights of trademark owners. In addition, the hardware and software components, electronically-stored databases, and individual items within those databases that comprise the computer networks and systems that operate the Site and are used to make Information available at the Site also belong to Meadowmere and, in some cases third-party providers, and also represent the proprietary property of Meadowmere or its third-party providers.
No Rights to Meadowmere or Third-Party Provider Property: Neither Meadowmere nor its third-party providers are granting or transferring to you or any other person or entity, by virtue of access or use of this Site, any title or any ownership rights or interests in any Information found at the Site or accessed or used through it, including without limitation the Trademarks, or any other Information or asset belonging to Meadowmere or a third-party provider.
Linking: Unless you obtain prior authorization under a written agreement with Meadowmere, you may not create or establish any link between your own web site or that or a third party site and the Site. You may, however, create a link from your personal computer or web site to the Site home page for your personal use. Your link may not, however, use any Trademarks or Information of Meadowmere or any third-party providers.
Limited Rights to Use the Site: On the condition that you agree that your use is governed by the terms and conditions of this Agreement, Meadowmere hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Information found at the Site at the Site for the limited purposes expressly permitted in this Agreement. You may view, display, download into the memory of your own personal computer and make one printed copy of the Information found on the pages of this Site; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available at the Site in accordance with the terms and conditions hereof, for your personal, non-commercial use only; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the Site. No rights are granted to you except those expressly stated here.
Registration/Passwords/Site Security: If, at any time, Meadowmere requires registration in order to access or use any areas or Information at this Site, you agree to: (a) provide true, complete, accurate and current data, as requested in the registration process (the “Registration Data”); (b) maintain and update the Registration Data promptly as required herein; (c) prevent unauthorized access or use by you or others by use your user identification number and/or passwords; (d) report any unauthorized use or disclosure of your password or other breach of Site security; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Meadowmere reserves the right to suspend, and/or to refuse any further, access or use of the Site or Information, if Meadowmere learns or reasonably suspects that your Registration Data is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use your password who is not authorized to do so.
Restrictions, Limitations and Conditions Applicable to Your Use of this Site: As a condition of your rights to access or use this Site, you must use the Site and all Information found at the Site for lawful purposes only and only as expressly permitted in this Agreement. As a condition of your access and use rights to the Site and Information, you agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Meadowmere, in its sole and absolute discretion, shall determine: Copy, reproduce, store, resell, rent, lease, grant a security interest or transfer a right in, sublicense, distribute, redistribute, broadcast, transfer, publicly display, publish, adapt, modify, translate, create derivative works from, time-share, de-compile, reverse-engineer, reverse-compile, export any information or technology from, or allow any access to or use of except as expressly authorized in this Agreement – the Site, or of any part thereof;Restrict or inhibit any authorized users from accessing or using the Site, Information or Documents;Transmit to or introduce at the Site any viruses or harmful software, program, code, utility, material, routine or material or thing intended to damage, interfere with, disrupt, intercept or expropriate the Site, the Information at the Site or any other system, program, network, web site, data, information, or activities associated with those items (“Viruses”), or otherwise implement or engage in on-line activities, attacks or actions in a manner that involves, or with a purpose of creating, a disruptive, surreptitious, detrimental or other harmful effect, including without limitation, by excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or by means of hacking, or denial of service events (“System Attacks”); Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other identity or affiliation or that of anyone else, or provide false, inaccurate or misleading information in connection with accessing or using the Site; or Use the Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against Meadowmere, you, or any third party.
Use the Site, the Information, or the Documents for any unlawful or illegal purposes or post, submit, upload, e-mail or otherwise transmit any information, documents, materials or communications at, to or through the Site that would constitute a violation of, or engage in or encourage conduct that violates any law, regulation or legal requirement or any local, state, national or international governmental entity.
Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Site that (1) is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, harassing, derogatory, rude, abusive, offensive, hateful, or otherwise objectionable in any way (including, e.g., to anyone because of race, ethnicity, gender, national origin, age), or that may harm minors, or is unlawful in any similar or other way; (2) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (3) has an advertising, marketing, promotional or other business or commercial purpose.
Responsibility and Liability for Use: You shall be solely liable for any lawsuits, claims, proceedings, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines, or other costs associated therewith (“Damages”) resulting from use or any misuse of the Site, Documents or Information, including without limitation, violation of the restrictions, limitations and conditions upon use and infringement of copyright, trademark or other proprietary right, and any other Damages.
Notice Regarding Links to Other Web Sites and Third-Party Documents and Information; Disclaimer by Meadowmere:
Linked Sites: This Site may point or link to other web sites or to web pages or documents hosted on other web sites (“Linked Sites”). None of the links create or constitute, nor are they intended to create or constitute, any legal affiliation or relationship between Meadowmere and any other person, company or entity which owns or operates a Linked Site, or any liability or responsibility on the part of Meadowmere for such third parties, all of which Meadowmere hereby disclaims. Meadowmere does not own or control the Linked Sites and is not the author or owner of any third-party Documents or other Information. Accordingly, Meadowmere cannot represent or guarantee that the Linked Sites will be accessible or operational or the user will be able to reach the Linked Sites, and the links should not be construed as an endorsement by Meadowmere of any Information or Documents of a third party, or anything else you find at the Linked Sites. Therefore, Meadowmere is not responsible or liable to you for any Damages, all of which it hereby disclaims, related to your attempt to link from this Site to any Linked Site, your use of or reliance upon the Linked Sites or any third-party Documents or other Information accessed from or found at this Site or any Linked Site, or any statements, advice, warranties, guaranties, representations, endorsements or communications associated therewith.
Responsibility of Third Parties and the User: You are hereby advised and you acknowledge that the Information and Documents provided at the Site or a Linked Site are the sole responsibility of the owners or officers and their agents, representatives or brokers, and Meadowmere is not responsible for any Documents, Information, services, content or other statements or representations of third parties that Meadowmere provides or makes available to you at or through this Site.
Disclaimers and Limitations of Liability: The following disclaimers and limitations of liability are made on behalf of Meadowmere and its third-party providers:
Disclaimer of Warranties: All information and other materials, products, services and features on this Site are provided “as-is” – with all faults, imitations and errors – basis and without any representation, warranty or guaranty from Meadowmere whatsoever, whether oral or written, express or implied or arising by statute or law or arising by virtue of custom of trade or course of dealing, including without limitation, any implied warranty of fitness for a particular purpose or application or warranty of merchantability, title or non-infringement, all of which Meadowmere hereby disclaims.
Disclaimer Regarding Site Access: Meadowmere shall have no responsibility to provide you with access to the Site or any linked site, or any Documents, Information, products, services, tools or features offered, accessed or used at or through the Site or any of the linked sites. Further, Meadowmere shall not be responsible or liable for the timeliness or correct sequencing of, or any damages due to the unavailability during any period of interruption or delay in service of, any of the foregoing, regardless of the cause (whether equipment, software, system, utility or data-line interruption or failure).
Limitations of Liability: You hereby acknowledge and agree that Meadowmere is not responsible for any access or use by you of the Site or Information found or products, services or other items purchased or acquired at or through the Site or through any linked site or third party whose Documents or Information are found at the Site, or for any damages caused by the same.
General Disclaimer of Damages: Meadowmere has no responsibility or liability to you or anyone else for any damages that may result from or in connection with access or use of the site or Information at the Site or products, services or other items purchased or licensed at or through the Site, including without limitation, actual or direct damages or incidental, consequential, special or punitive damages of any kind, regardless of the legal theory upon which they are based. Meadowmere hereby disclaims all such damages.
Indemnification from the User: You shall release, indemnify, defend and hold the Meadowmere parties and its third-party providers harmless from and against all damages due to claims arising from or related to your access or use of this Site, and/or any Documents or Information obtained at or offered on the Site.
Termination: Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of Meadowmere sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which Meadowmere may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Meadowmere.
Claims Regarding Your Use of this Site: If Meadowmere brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of the Agreement (a “Claim”), Meadowmere shall be entitled to recover from you (and you agree to pay), in addition to all Damages that may be awarded, reasonable and necessary attorney’s fees and any costs of litigation. This Agreement shall be governed by the laws of the state of Maine, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any Claim arising from or relating to your access and use of the Site contemplated by this Agreement must be instituted within two (2) years from the date upon which such Claim arose or accrued. Further, any such Claim may only be brought in the state or federal courts located in York County, Maine. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Maine as your agent for service of process. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
Entire Agreement; Changes to this Agreement: The terms of this Agreement, as posted at the Site, constitute the entire and exclusive agreement between you and Meadowmere regarding the Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Site. Meadowmere retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes Meadowmere may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Site.
Modifications to this Site: Meadowmere reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the Information, advertising, links, product, services and features found at the Site or acquired through it (of Meadowmere and/or third-party providers).