Last Modified: January 8, 2018
Oak Tree Inn (“OTI”, or “we”, “us”, or “our”, as applicable) provides services and content, including via www.oaktreeinn.com (the “Website”). Your use of the Website is subject to the following Terms and Conditions of Service (the “Terms of Service”).
By visiting or using our Website, you agree to the practices and policies set forth in these Terms of Service. If you do not agree to the Terms of Service, please do not use the Website.
- Amendment to Terms. We reserve the right to amend these Terms of Service from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Service on the Website. We may not notify Website users of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Service upon each visit to the Website or use of the Website. You can determine if the Terms of Service have been revised since your last visit by referring to the “Last Modified” date at the top of this document. By continuing to use the Website, you agree to abide and be bound by any amended Terms of Service.
- Limited Right to use the Website. OTI hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without OTI’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
- Registration. You may view parts of the Website without registering. You may also register for a rewards account with Oak Tree Inn as part of its OTI Rewards program. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In addition, you agree to immediately notify OTI of any unauthorized use of your password or account or any other breach of security. OTI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as reasonably possible. If OTI suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, your account may be subject to suspension or termination, and you may be barred from using the OTI’s Website.
- Rules of Service.
4.1 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the OTI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, OTI grants the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OTI reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
4.2 You agree not to collect or use any personally identifiable information (“Personal Information”) from others, including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
4.3 You agree not to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity. You may not interfere with the proper working of the Service. You may not access any content on the Website through any technology or means other than those provided or authorized by the Website. You agree not to bypass the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein, including but not limited to decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Website.
4.4 Accessing the audiovisual content available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the OTI Website to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
- Status of Website. We may, without prior notice, change the Website, stop providing the Website or features of the Website (to you or generally), or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice or liability to OTI, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Service. Upon termination of your access to the Website for any reason or no reason, you will continue to be bound by the terms of these Terms of Service which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Eligibility to Use the Website. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18, your parent or guardian must agree to these Terms of Service on your behalf, and will be responsible for your use of and access to the Website; this includes financial responsibility for any items you purchase through the Website. The Website is not available to any Users previously removed from the Website by OTI. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of these Terms of Service.
- Trademarks. The trademarks, service marks, trade names, designs, symbols, domain names and other designations and combinations of the preceding items, used to identify or distinguish OTI, its business, community and/or products, including without limitation all logos and all product and vehicle designs and trade dress and other distinctive brand features contained therein, including without limitation OAK TREE INNTM, OTITM, WHEN REST MATTERSTM, and related logo and design marks (collectively, the “Marks”) displayed on the Website constitute the valuable intellectual property of OTI and its licensors and, in certain instances, the registered and unregistered trademarks of OTI and its licensors. You agree that you will not refer to or attribute any information to OTI or its licensors in any public medium (e.g., press release, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Mark of, or imply any endorsement by, or relationship with, OTI or its licensors, except as expressly permitted by law.
- Intellectual Property in Content. The content on the Website, including without limitation, the text, graphics, photos and interactive features created by or for OTI, interactive features (collectively, the “Content”) are owned by or licensed to OTI, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of OTI or as expressly provided herein. OTI reserves all rights not expressly granted in and to the Website, the Marks and the Content contained therein.You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.You may choose to, or we may invite you to, submit comments or ideas about the OTI Website, including without limitation about how to improve our Website (each, an “Idea”). By submitting an Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place OTI under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, OTI does not waive any rights to use similar or related ideas previously known to OTI, or developed by its employees, or obtained from sources other than you.
- Reservation of Rights. OTI reserves all rights not expressly granted under these Terms of Service. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.
- User Submissions. The Website may include features which allow you to provide personal identifiable information or other Personal Information to OTI. OTI may collect such information, including any other personal, biographical information or other material provided to us by Website users, on our reservation form or pursuant to enrollment in the OTI Rewards program (collectively, the “User Submissions”). You acknowledge that you will evaluate and bear any risks related to your provision of any User Submission. All User Submissions provided to OTI are the sole responsibility of the person who provided the User Submission.
In connection with your User Submissions, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Submissions to use such person’s name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Submissions and OTI’s use thereof as contemplated by these Terms of Service and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- All your User Submissions and other information that you provide to us is truthful and accurate.
- Digital Millennium Copyright Act; Notices of Infringement and Takedown by OTI. OTI respects the intellectual property rights of others, and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
Lodging Enterprises LLC
8080 East Central, Suite 180,
Wichita, KS United States, 67206
By email: firstname.lastname@example.org
OTI will review and process your notification, as well as any counter-notification (if received), in compliance with the DMCA.
- Modifications to the Website. OTI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. OTI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
- DISCLAIMERS. THE CONTENT AND FUNCTIONALITY OF THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT OTI IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, OTI, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OPERATOR OF OTI, AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. OTI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. OTI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND OTI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OTI OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Indemnity. You agree to defend, indemnify and hold harmless OTI, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of OTI, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any patent, copyright, property, trade secret or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
- Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by OTI without restriction.
- Copyright Notice. The OTI Website is protected under copyright laws, and notice is provided under “© 2018 Oak Tree Inn” No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of OTI.
- General Terms. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OTI’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OTI reserves the right to amend or replace any of these Terms of Service, or change, suspend or discontinue the Website (including, without limitation, the availability of any feature or Content) at any time in its sole discretion. It is your responsibility to review these Terms of Service periodically for any changes. Your use of the Website following the posting of any changes to these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Governing Law; Jurisdiction. These Terms are governed by the laws of the State of Kansas without reference to the principles of conflicts of laws thereof. You agree to jurisdiction and venue in the state and federal courts located in Sedgwick County, Kansas, in connection with any dispute arising out of these Terms of Service.
- Violation of the Terms of Service. Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to email@example.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, OTI in its sole discretion may investigate the matter and take such action as OTI determines to be appropriate.