Terms of Use – Terms and Conditions of Service:
The following terms and conditions govern all use of the merrillfarminn.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Merrill Farm Inn privacy policy and procedures (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Merrill Farm Inn, acceptance is expressly limited to these terms. Merrill Farm Inn has compiled the information on this Website for the use of guests, prospective guests and travel professionals.
All material found in the pages of this Website is protected under the copyright laws of The United States, Canada and of other countries. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, trademarks or service marks of Merrill Farm Inn. The display of trademarks, trade names or service marks on pages at this Website does not imply that a license of any kind has been granted to anyone else. You are free to download the material posted on this Website for non-commercial purposes and to print it solely for your own personal purposes. You agree that you do not acquire any ownership rights in any downloaded content. You may not distribute copies of the material for any purpose or ‘frame’ it in any site you create or operate. You agree to abide by all copyright notices, information and restrictions contained in any content on this Website. Any unauthorized downloading, transmission, republication or other copying or modification of material posted on this Website, including trademarks, trade names and service marks, may violate federal, common or civil law trademark law and copyright law, and may result in legal action. Merrill Farm Inn reserves the right to take legal action against any unauthorized use of the trade names, trademarks and images found on this website.
Without limiting any of those representations or warranties, Merrill Farm Inn has the right (though not the obligation) to, in Merrill Farm Inn’s sole discretion (i) refuse or remove any content that, in Merrill Farm Inn’s reasonable opinion, violates any Merrill Farm Inn policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Merrill Farm Inn’s sole discretion. Merrill Farm Inn will have no obligation to provide a refund of any amounts previously paid.
1. Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful destructive content. The Website may contain content that has technical inaccuracies, typographical mistakes, and other errors. Merrill Farm Inn disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
2. Collection of Information. There are times when we may ask you for or you may choose to provide information about yourself and your business to assist us in meeting your various needs (“Personal Information”). For example, we may ask you for information about your Personal Preferences, which helps us, develop your Guest Profile that enables us to serve you better. We may also collect other Personal Information such as information collected when you make a reservation for, or register or use the facilities of, or stay at our Hotel. At times, we conduct surveys to better understand the needs of our customers. We may also collect Personal Information from entries made to sweepstakes or contests and from visitors to our Website located at www.merrillfarminn.com. The information we collect at our Website is described on the Website. When we request Personal Information you will be given the choice to opt out of providing such information. Your Personal Information may be used for the purpose of providing you with services at our Hotel, servicing your requests, improving our services, developing and informing you of additional services provided by Merrill Farm Inn. By providing any Personal Information to Merrill Farm Inn, you grant Merrill Farm Inn an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt and develop derivative work based upon, or derived from, such information in any form, with the right to grant sub-licenses provided; however, no use may be made of Personal Information in contravention of the terms of our Privacy Policy.
3. Copyright Infringement. As Merrill Farm Inn asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by merrillfarminn.com violates your copyright, you are encouraged to notify Merrill Farm Inn in accordance with our policies. Merrill Farm Inn will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
4. Intellectual Property. This Agreement does not transfer from Merrill Farm Inn to you. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Merrill Farm Inn or third-party trademarks.
5. Changes. Merrill Farm Inn reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Merrill Farm Inn may also, in the future, offer new services and/or features through the Website. Such new features and services shall be subject to the terms and conditions of this Agreement.
6. Termination. Merrill Farm Inn may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. Merrill Farm Inn can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties. The Website is provided “as is”. Merrill Farm Inn and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Merrill Farm Inn nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
8. Limitation of Liability. In no event will Merrill Farm Inn, or its suppliers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Merrill Farm Inn under this agreement during the twelve (12) month period prior to the cause of action. Merrill Farm Inn shall have no liability for any failure or delay due to matters beyond their reasonable control.
9. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Merrill Farm Inn Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
10. Indemnification. You agree to indemnify and hold harmless Merrill Farm Inn, its contractors, and the respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
11. Links to other websites. Merrill Farm Inn does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Merrill Farm Inn provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Merrill Farm Inn of the linked website or any information contained in it.
12. Miscellaneous. This Agreement constitutes the entire agreement between Merrill Farm Inn and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Merrill Farm Inn, or by the posting by Merrill Farm Inn of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Hampshire, U.S.A. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.