Thanks for visiting the Meadowmere Resort.
Please read these Terms carefully. By using our websites or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Meadowmere (“Meadowmere” or the “Service”) is a website service offered through the URL www.meadowmere.com (we’ll refer to it as the “Website”) that allows you to research, create, and manage reservations to the Meadowmere Resort. Meadowmere is owned and operated by The Meadowmere Motel Corp d/b/as Meadowmere Resort, a Maine limited liability corporation (“Meadowmere,” “we,” or “us”). Meadowmere has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Guest” according to this agreement (or “you”). “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.”
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.
In order to use Meadowmere website services, you must: be at least eighteen (18) years old and able to enter into contracts; complete the registration process; agree to the Terms; and provide true, complete, and up to date contact information.
By using Meadowmere, you represent and warrant that you meet all the requirements listed above, and that you won’t use Meadowmere in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Meadowmere may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you visit Meadowmere, either online or in person, and continues as long as you use the Service. Visiting the site and interacting with Meadowmere in ways such as but not limited to entering your username, means that you’ve officially “signed” the Terms. If you sign up for Meadowmere on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Meadowmere may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your prepayment or reimburse you for unused Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
Our charges for reservations are posted on our Website and may be changed from time to time. If any part of a reservation is included in the Term, then payment is due for the full reservation. Payments are due for any reservation in accordance with our Deposit & Cancellation Policies.
8. Credit Cards
As long as you’re a Guest or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid reservation if we stop providing our Services to you for a reason that’s not laid out in these Terms or in our Deposit & Cancellation Policies. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Guest applies for one based on the requirements posted on the Website.
10. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
12. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide Meadowmere (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines:
(a) 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.
(b)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.
(c)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.
(d)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.
(e) 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.
13. Proprietary Rights Owned by You
- Hotjar gathers non-personally identifiable data that allows us to better
understand how users interact with our website
- Google Analytics gathers aggregate information that allows us to understand
user interactions with our website.
- Visual Website Optimizer is a testing and experimentation platform that
provides us with customer insights that allow us to create better user
experiences on our website
- Facebook Pixel is used to make advertising messages more relevant to you
and prevent the same ad from being shown multiple times
RULES AND ABUSE
15. General Rules
You promise to follow these rules:
Meadowmere does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an email, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
16. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.
17. Compliance with Laws
You represent and warrant that your use of Meadowmere will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
18. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. 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.
19. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Meadowmere for a variety of reasons, we can’t guarantee that it will meet your specific needs. 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.
20. Minors and the Child On-Line Privacy and Protection Act
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
22. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
23. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
24. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Guests.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
27. Choice of Law
28. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
31. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
32. No Changes in Terms at Request of Guest
Because we have so many Guests, we can’t change these Terms for any one Guest or group.
33. 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.
34. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
35. Notification of Security Breach
In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Meadowmere, Po Box 2347, Ogunquit, Maine, 03909, or any addresses as we may later post on the Website.
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).
37. Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Meadowmere’s policies.
Updated May 2, 2018