Last updated on May 18, 2020
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Casetta Group, LLC, a Delaware limited liability company ("Company", "we", "us", or "our"). The following terms and conditions ("Terms of Use") govern your access to and use of websites for Casetta Group and all of our hotels and restaurants (collectively, the “Sites”), including any content, functionality, and services offered on or through these Sites.
Please read these Terms of Use carefully before you use these Sites. By using these Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use these Sites.
These Sites are offered and available to users who are 18 years of age or older. By using these Sites, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not access or use these Sites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all access to and use of these Sites.
Your continued use of these Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing our Websites and Account Security
We reserve the right to withdraw or amend these Sites, and any service or material we provide on these Sites. We will not be liable if for any reason all or any part of these Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of these Sites, or entire Sites, to users.
Intellectual Property Rights
Our Sites and their contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use these Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on these Sites, except as follows:
· Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser or device for display enhancement purposes.
· If we provide desktop, mobile, or other applications for download, you may download a copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
· Modify copies of any materials from this site.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of these Sites or any services or materials available through these Sites.
Trademarks
Our name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on these Sites are the trademarks of their respective owners.
Prohibited Uses
You may use these Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use these Sites:
· In any way that violates any applicable federal, state, local or international law or regulation.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of these Sites, or which, as determined by us, may harm us or users of these Sites or expose them to liability.
Additionally, you agree not to:
· Use these Sites in any manner that could disable, overburden, damage, or impair the sites or interfere with any other party's use of these Sites.
· Use any robot, spider or other automatic device, process or means to access these Sites for any purpose, including monitoring or copying any of the material on these Sites.
· Use any device, software, or routine that interferes with the proper working of these Sites.
· Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Otherwise attempt to interfere with the proper working of these Sites.
Reliance on Information Posted
The information presented on or through these Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to these Sites, or by anyone who may be informed of any of their contents.
Our Sites may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to our Websites
We may update the content on these Sites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on these Sites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to our Websites
All information we collect on these Sites is subject to our Privacy Policy. By using these Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to our Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Our Sites may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on these Sites.
· Cause limited portions of content on these Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause these Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of these Sites other than the homepages.
· Otherwise take any action with respect to the materials on these Sites that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from our Websites
If these Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to these Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or these Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES.
YOUR USE OF OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED AN AMOUNT EQUAL TO THE AMOUNT THAT PARTY HAS PAID TO US FOR THE PRODUCTS OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of these Sites, including, but not limited to, your User Contributions, any use of the content, services and products of these Sites other than as expressly authorized in these Terms of Use or your use of any information obtained from these Sites.
Governing Law and Jurisdiction
All matters relating to these Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
To the extent permitted by applicable law, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or these Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in or serving Santa Barbara, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy (including all policies and disclosures referenced herein or therein, including, without limitation, the Privacy Notice for California Residents) constitute the sole and entire agreement between you and us with respect to these Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to these Sites.
Your Comments and Concerns
These Sites are operated by Casetta Group, LLC. All other feedback, comments, requests for technical support and other communications relating to these Sites should be directed to us via email at info@casetta.com or telephone at 805.696.2060.
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