TERMS & PRIVACY
THIRD PARTY SITES
The Site may link you to other web sites on the Internet. Such other web sites may not be under the control of Winegardner, and you acknowledge that Winegardner is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect(s) of the content of sites that are not under the control of Winegardner. The inclusion of such a link does not imply endorsement of the site by Winegardner or any association between Winegardner and the operators of such other site.
LINKING TO THE SITE
Generally, Winegardner does not mind if you have a text link from your web site to the Site. However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product. Links to the Site must clearly identify Winegardner as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.
Winegardner is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content. You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
Winegardner cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by Winegardner). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.
If you have any questions about the non-exclusive license granted herein or if you would like to request additional rights, please write to Winegardner Hotel Group, 4243 Hunt Road Cincinnati, OH 45242 Attn: Cindy Swift; cindy.swift@WHhotelgroup.com.
From time to time, some of the content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by users of the Site over whom Winegardner exercises no control (“User Content”). Winegardner disavows responsibility for User Content to the extent permitted by law, and has no obligation to screen any User Content in advance. Winegardner may in its sole discretion at any time remove or alter any User Content or take any other actions with respect to such User Content. Winegardner has no liability or responsibility to users for performance or nonperformance of such activities. Should you come across any content that you find objectionable, you can bring it to our attention by e-mailing cindy.swift@WHhotelgroup.com.
FEEDBACK AND SUBMISSIONS
You agree that you are and shall remain solely responsible for the contents of any submissions you make and that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights.
From time to time, the Site may provide you an opportunity to communicate with Winegardner and with other users of the Site. Please be aware that any communication to Winegardner through the Site or otherwise, whether such communication consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post becomes the property of Winegardner, and Winegardner is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
In order to access some features of the Site, you may need to create a user account with an e-mail address and/or other personal information. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account. Winegardner disclaims any and all liability or responsibility for such use.
DISCLAIMER OF WARRANTIES AND LIABILITY
The information available on the Site is for informational purposes only. You should not assume that the information provided is always complete, reliable, or up to date. Nothing on this Site should be interpreted as investment, financial, tax, or legal advice. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold Winegardner or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site.
None of the information available on the Site constitutes an offer to sell or a solicitation of an offer to buy any securities, investment products, or investment services. Past performance is not necessarily indicative of future performance and is not a guarantee of future results. Information presented on the Site, including any pricing, valuations, or comments on specific properties, if any, reflects the authors’ subjective analyses and other information available as of the publication date indicated.
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WINEGARDNER DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL WINEGARDNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WINEGARDNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Applicable law may not ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES Winegardner SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Winegardner, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site. Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.
Winegardner makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Winegardner:
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
identification of the content that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Winegardner to locate the content;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Please send such notice to:
Winegardner Hotel Group
4243 Hunt Road
Cincinnati, OH 45242
Winegardner will take reasonable steps to promptly notify the user whose submission was removed or disabled that Winegardner has removed or disabled access to such content.
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to Winegardner:
your electronic or physical signature;
a description of the content that has been removed or to which access has been disabled;
identification of the location at which the content appeared before it was removed or access to it was disabled;
your name, address, telephone number, and email address;
a statement by you that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Winegardner may be found, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person; and
a statement by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
Please send such notice to:
Winegardner Hotel Group
4243 Hunt Road
Cincinnati, OH 45242
If a counter-notice is received by Winegardner, Winegardner may send a copy of the counter-notice to the original complaining party informing that person that Winegardner may restore the removed content or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, Winegardner may replace the removed content and cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notice.
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION
Winegardner reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice. You agree that Winegardner shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.