Website Terms and Conditions

Last Updated February 21, 2022

1. Consent

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.

2. Definition of the Website

Konohassett LLC., which is doing business under the trade name The Inn at Orient with its corporate headquarters at 25500 Main Road, Orient, New York, United States of America, (collectively referred to herein as “The Inn”, “we”, “our” or “us”) provides information on its website as well as links to other third-party apps and service that are available to visitors located throughout the world. Our website is www.theinnatorient.com (referred to as “the Site”). Our Site is controlled and operated from the United States and is subject to United States law.

The content and information displayed on the Site are The Inn’s property and are collectively referred to as “The Inn Information”. The downloading, reproduction, or re-transmission of The Inn Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by The Inn or by travel agents for business-only purposes in accordance with the Travel Agent section below.

3. Use of The Site

3.1 Services of the Site

The services of The Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Site, you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.

3.2 Personal Use Only

The Site is to be used by you for your personal use only. You agree that you will not use the Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to the Site without the express written permission of The Inn. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of The Inn or any third party that provides services related to the Site.

3.3 Monitoring

You agree that The Inn has no obligation to but may monitor and review information you transmit over the Site. You agree that The Inn may censor, edit, remove or prohibit the transmission or receipt of any information that The Inn deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Site or to protect the rights or properties of The Inn. You agree that The Inn may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

3.4 Right to Revoke

You may not use our Site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of these Terms and Conditions.

3.5 Legitimate Use in Good Faith

You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

4.0 Privacy

Your submission of information on the Site is subject to The Inn’s Privacy Statement for Guests (available at https://www.theinnatorient.com/privacy)

5.0 Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND THE INN INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE AND/OR THE INN INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING OUR SITE AND/OR THE INN INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

6.0 Passwords

Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms and Conditions.

7.0 Limitation of Liability

7.1 Exclusions

To the maximum extent permitted by law, we and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

7.2 Limits

IN THE EVENT THE INN IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.

7.3 Waiver of Rights

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

7.4 Gross Negligence and other Circumstances not covered by Waiver

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

7.5 Your Obligations to Defend and Cooperate

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

8.0 Confidentiality

With respect to all communications you make to us regarding The Inn Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

9.0 Inaccuracies and Errors

The Inn Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. The Inn does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Inn reserves the right to make changes, corrections, cancellations and/or improvements to The Inn Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

10.0 Communication Malfunctions / Lost Transactions

The Inn and any other providers of products or services related to the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, The Inn and any other providers of products or services related to the Site are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. The Inn and any other providers of products or services related to the Site may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

You agree that neither The Inn nor any other providers of products or services related to the Site are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on the Site which are not processed or accepted for any reason.

11.0 Travel Risk

The Inn urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to The Inn. Information on conditions in the United States, and other countries and territories and the level of risk associated with travel to or from particular regions can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. THE INN DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO THE INN IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE INN TO THE FULLEST EXTENT PERMITTED BY LAW.

12.0 Travel Agents

No Arrangements for Prohibited Persons: The Inn is a United States company and is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries or territories, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at, use or tour The Inn.

13.0 Third-Party Sites

13.1 Third Party Apps

Any use of the maps functionality on this site shall be governed by the End User Terms of Use for the applicable maps application. The Inn shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party maps application.

If you choose to leave our Site via links to other third-party websites, including those of advertisers, our Terms and Conditions and our Privacy Statement will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that The Inn is not responsible for the availability of such third-party sites or resources, and that The Inn does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.

14.0 Governing Law

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute may be filed only in the state or federal courts located in the State of New York, United States.

15.0 Last Updated

The “Last Updated” legend at the top of this page indicates when this Privacy Statement was last revised. Any changes will become effective when we post the revised Privacy Statement on The Site. If you would like to review the version of the Privacy Statement that was effective immediately prior to this revision, please contact us contact us.

If you have questions about these Website Terms and Conditions, please send an e-mail to info@theinnatorient.com

© 2022 Konohassett LLC. All rights reserved. Konohassett LLC proprietary information.