Content License for Personal, Non-Commercial Use
The Sites are made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product, or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information accessed on, or Content or Materials obtained through, the Sites.
Bramble Hospitality may offer various articles, photographs, videos, menus, event plans, or other information (the “Content”) through the Sites. The Content is the intellectual property of Bramble Hospitality and is protected by United States and foreign intellectual property laws. In order to access some of the Content, you may be asked to provide your name, e-mail address, mailing address, telephone number, or payment information, if applicable. Subject to your compliance with the TOU, Bramble Hospitality grants you a limited, non-exclusive license to utilize such Content so long as: (i) you are eighteen (18) years of age or older; (ii) you are not barred from receiving the Content under the laws of the United States; and (iii) you provide current and accurate identification, contact, and payment (if applicable) information. Bramble Hospitality may, at any time, revoke your license to use the Content for any reason in its sole discretion, including, but not limited to, if Bramble Hospitality believes that you are in breach of these Terms of Use. In such event, you must cease any further use of the Content.
Refund Policy
All purchases of classes, public events, or other public offerings from Bramble Hospitality are final unless otherwise stated in writing by Bramble Hospitality at the time of purchase. No refunds will be issued. For any private event you book with Bramble Hospitality any applicable refund terms will be set forth in a separate event agreement entered into by you and Bramble Hospitality (the “Event Agreement”).
Please note the act of submitting and/or requesting information through the Sites or through electronic mail does not guarantee Bramble Hospitality will provide services on a particular date. To secure services on a particular date, you and Bramble Hospitality must complete and sign an Event Agreement.
User Submissions
Bramble Hospitality will have no obligation with respect to any communications received from you through the Sites. In the event you share text, photographs or other materials (“User Content”) with Bramble Hospitality for the purpose of being posted on the Sites, or for any other purpose, you grant to Bramble Hospitality and its designees a royalty-free, worldwide, irrevocable, perpetual license to copy, publish, disclose, distribute, create derivative works of and otherwise use the User Content for any and all commercial or non-commercial purposes. You further represent and warrant that you have all necessary intellectual property and other proprietary rights in and to such User Content to grant the foregoing license. You are prohibited from posting or transmitting to or from the Sites any unlawful, threatening, libelous, defamatory, obscene, or pornographic materials, or any other material that would violate any law.
Intellectual Property Rights
BRAMBLE HOSPITALITY, WILLOWDALE ESTATE, BRIAR BARN INN, and related logos (the “Marks”) are the trademarks of Bramble Hospitality, LLC in the United States, other countries, or both. All materials on the Sites, including, but not limited to, articles, trademarks and logos, designs, text, graphics, sounds, images, videos, and software (the “Materials”) are the intellectual property of Bramble Hospitality, its licensors, affiliated companies, or other third parties. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Bramble Hospitality.
Links to Other Websites
The Sites may display content from or links to websites provided by third parties. These may include advertisements and solicitations to purchase products or services. As consideration for your convenience in making this third-party content available or accessible to you, you acknowledge that: (1) Bramble Hospitality does not endorse the content or services described in any linked third-party websites, and (2) Bramble Hospitality does not control these third-party websites and expressly disclaims any responsibility for the content, the accuracy of the information, and any products or services available on such websites. You also agree that Bramble Hospitality IS NOT responsible or liable for any losses or damages you experience with any third-party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you. If you decide to access any linked third-party websites, you do so at your own risk. You should refer to the separate terms of use, privacy policies, and other rules posted on third-party websites before you use them.
Compliance with Laws
By accessing or using the Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of the Sites. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Sites to countries or persons prohibited under the export control laws of the United States. Bramble Hospitality makes no representation that the content on the Sites is appropriate or available for use outside the United States. If you have chosen to access the Sites from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws if and to the extent local laws are applicable.
Legal Disclaimer
Bramble Hospitality provides information about certain topics that we feel users of the Sites may find of interest as well as services and products. The Content, Materials or other information provided by Bramble Hospitality should not be relied upon as legal advice, and Bramble Hospitality is not responsible for the results achieved by any company or individual relying thereon. Nothing on the Sites should be considered personalized advice. Each user is solely responsible for the identification and interpretation of any applicable federal, state and local laws, regulations and statutes. Before you make any decision that may have legal implications, you should consult with a qualified legal professional for specific legal advice tailored to your situation.
Disclaimer of Warranties and Limitation of Liability
Bramble Hospitality DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DISPLAYED, DOWNLOADED, OR OTHERWISE RECEIVED FROM THE SITES. THE SITES AND ASSOCIATED MATERIALS and CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Bramble Hospitality DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES, or any MATERIALS or CONTENT RECEIVED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITES. Bramble Hospitality DOES NOT WARRANT THAT THE SITES OR any MATERIALS or CONTENT WILL BE ERROR-FREE OR THAT THE SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS and CONTENT THROUGH THE USE OF THE SITES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS or CONTENT. IF YOUR USE OF THE SITES, MATERIALS, or CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, Bramble Hospitality, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL Bramble Hospitality BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITES or MATERIALS and CONTENT AVAILABLE ON THE SITES. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF Bramble Hospitality HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Force Majeure
Under no circumstances shall Bramble Hospitality, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Indemnity
You agree to defend, indemnify, and hold harmless Bramble Hospitality and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Sites, Materials, or Content; (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Sites, Materials, or Content; or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.
Governing Law
The TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal courts located within Essex County or the District of Massachusetts with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.
Entire Agreement
Except as set forth in an Event Agreement, these TOU constitute the entire agreement between you and Bramble Hospitality with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of a conflict between these TOU and the Event Agreement, the Event Agreement controls.
These Terms of Use were last amended on 12/31/2017