fbpx
This user agreement was last updated on July updated on July 07, 2019.

 

Agreement between the Website User and The Captain Lawrence Inn.

 

Welcome to our website, located at the domain www.captaintomlawrence.com. This website (the “website”) is comprised of various web pages operated by the Captain Lawrence Inn (“Inn”).  Your use of this website constitutes your acceptance this agreement, without modification of the any of the terms, conditions, and notices (the “terms”) contained herein.
Please read all of these terms carefully, and keep a copy of them for your reference.
This website is an Online Reservation Site.
The purpose of this website is to allow our users to learn about the Captain Lawrence Inn (the “property”), the geographic area surrounding the property, various activities provided by third parties in the area surrounding the property, and to reserve rooms and units to stay at the property.

 

Privacy.

 

Your use of this website is subject to Captain Lawrence Inn’s Privacy Policy.  Our privacy policy is located elsewhere on this website.  Please review this Privacy Policy, which also governs the use of this website and informs you of our data collection practices.

 

Electronic Communications.

 

Visiting this website, as well as sending emails to The Captain Lawrence Inn through this website, constitutes electronic communications.  You hereby grant consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, chat, and through automated forms this website, satisfy any and all legal requirements that our communications with you be in writing.

 

Children under thirteen.

 

The Captain Lawrence Inn does not knowingly collect, online or offline, personal information from any persons under the age of thirteen.  Any user under the age of 18 may only use our website with the permission of a parent or guardian.

 

Third party websites and third party services.  

 

This website may contain links to other websites operated by partners and third parties (“linked websites”).  These linked websites are not under the control of the Inn.  The Captain Lawrence Inn is not responsible for the contents of any linked website, including without limitation any additional third party websites linked through any linked website.  The Captain Lawrence Inn provides these links to you only as a convenience, the inclusion of which does not imply endorsement by the Captain Lawrence Inn of the linked websites or any association with the operators of any linked website.
Certain services made available made available to our users are delivered by third party websites and organizations. By using any product, service or functionality originating from our captaintomlawrence.com domain, you hereby acknowledge and consent that the Captain Lawrence Inn may share your information and data with any of these third parties with whom the Captain Lawrence Inn has a contractual relationship, in order that we are able to provide the requested product, service or functionality on behalf of our website and it’s users and customers.

 

No unlawful or prohibited use of intellectual property.

 

You are granted a non-exclusive, non-transferable, revocable license to access and use our website, strictly in accordance with these terms of use.  As a condition of your use of this website, you warrant to the Captain Lawrence Inn that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair this website, nor interfere with any other party’s use and enjoyment of the website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through the website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Captain Lawrence Inn, or its suppliers and partners, and is protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this website.  The Captain Lawrence Inn content is not for resale. Your use of this website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Captain Lawrence Inn and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Captain Lawrence Inn or our licensors except as expressly authorized by these Terms and conditions.

 

International users.

 

The service is controlled, operated and administered by Captain Lawrence Inn from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Captain Lawrence Inn content accessed through this website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification.

 

You agree to indemnify, defend and hold harmless the Captain Lawrence Inn, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the website or linked services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  The Captain Lawrence Inn reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Captain Lawrence Inn in asserting any available defenses.

 

Consent to arbitration.

 

In the event any user of our website (the “parties”) are not able to resolve any dispute between them arising out of, or directly concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class action waiver.

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Captain Lawrence Inn agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability disclaimer.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAPTAIN LAWRENCE INN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE CAPTAIN LAWRENCE INN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE CAPTAIN LAWRENCE INN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CAPTAIN LAWRENCE INN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CAPTAIN LAWRENCE INN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination and access restriction.

 

The Captain Lawrence Inn reserves the right, at its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts of Massachusetts in all disputes arising out of or relating to the use of the website.  The use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Captain Lawrence Inn as a result of this agreement or use of this website. The Captain Lawrence Inn’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Captain Lawrence Inn’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to, or gathered by, the Captain Lawrence Inn with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Captain Lawrence Inn with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Captain Lawrence Inn with respect to the website.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to terms.

 

The Captain Lawrence Inn reserves the right, in its sole discretion, to change the terms under which the website is is offered. The most current version of these terms will supersede all previous versions.  The Captain Lawrence Inn encourages you to periodically review these terms and conditions of use to stay informed of our updates.

GDPR compliance statement.

The Captain Lawrence Inn respects and complies with the EU General Data Protection Regulations (the “GDPR”).

 

Some of the principal ways we comply with these regulations are:

 

  • Consent. We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.
  • Breach notification.  In the case of a security break with regards to Captain Lawrence Inn, all guests and businesses of the Captain Lawrence Inn are notified through our break notification system.
  • Right to Access.  The Captain Lawrence Inn does not share or sell your information with unauthorized outside third parties. You can ask for a digital copy of your information that we have on file as well as asking for it’s removal.
  • Right to be Forgotten.   You must opt-in to receive e-mails and communications from Captain Lawrence Inn. All e-mails have an unsubscribe option if you change your mind.
  • Data Portability.  At any time you can request to have a copy of your data, have your data removed from the Captain Lawrence Inn, or ported to another controller of you choosing. Call us at (508) 548-9178.

 

Contact us.

 

The Captain Lawrence Inn welcomes your questions or comments regarding these website use terms and conditions.
Captain Lawrence Inn
75 Locust Street, Falmouth, Massachusetts  02540
Email Address:
Telephone number:
(508) 548-9178