BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THE SITE OR ANY OF THE SERVICES, FUNCTIONS OR CONTENTS AVAILABLE ON OR THROUGH THE SITE, YOU AGREE TO BE BOUND TO THESE TERMS, CONDITIONS, AND NOTICES IN THE SITE (“AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms govern your use of the Site and related Services and supersede any prior agreement between you and Black Walnut LLC. We may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Site. If you do not agree to any change to the Terms, you must cease use of the Site and Services. Your continued access and use of any of the Site and Services signifies your acceptance of the Terms as modified.
Black Walnut may terminate your use of the Sites and Services if you do not comply with these Terms. ANY DISPUTE BETWEEN YOU AND Black Walnut MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, as more fully described below.
The Site and the Services 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.
The Site provides you with the ability to access various Services and content, including information about our Properties, learn about travel opportunities and upcoming events in the area where the Properties are located, and connect with other users through our linked social sites. From the Site you may also subscribe to our marketing emails, share your own travel photos and stories through social media, and make purchases. All of the Services and content accessible through the Sites are for your personal, non-commercial use only and your access to and use of them are subject to these Terms.
Some of the features of the Site may require you to create a user profile or user account and some may require you to pay a fee. We will notify you when this is required. In addition, when you access the Site through a mobile network, your mobile network provider’s messaging, data and other fees may apply.
In addition to the content and Services we provide, the Site may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases, these may be accessible directly through the Site. In other cases, access may be via links from the Site to third party websites. Regardless, we are not responsible for the products, content or services available from third parties - even if they are provided through the Site - or for how third-party sites are managed or the terms applicable to your use of them. Your access to and use of these third-party materials and websites are governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third-party products or websites. We accept no responsibility for any third-party materials or websites or for any loss or damage that may arise from your use of them. If you decide to access or use any third-party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Black Walnut LLC from any and all claims related to any third- party website.
All of the products, content and Services available through the Site are protected by copyright owned by Black Walnut or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Site (collectively, the “Site Content”). Similarly, all trademarks, service marks, trade names, trade dress and other indicia identifying the Site, Black Walnut, the Properties, or the products or Services available through the Site (“Marks”) are owned by Black Walnut or its licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Site or other Site Content or the Marks by your use of the Site or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or Services and other Site Content and Marks are reserved to their respective owners.
Subject to these Terms, Black Walnut grants you a personal, non-transferable, and non-exclusive limited license to access and use the Site for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Site as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. We may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Site or the Site Content.
In addition to the above license, some content and Services may have their own license terms. For example, apps you may need to download and install to use Instagram® or Facebook® will all have their own license terms which are in addition to these Terms.
As above, the license we grant to you for the content and Services is limited. It is also subject to certain restrictions. Unless we give you express written authority, you may not (a) resell any of the products, content or Services or any other Site Content (or any portion thereof) on the Site; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Site or the Site Content (or any portion thereof).
In addition, under no circumstances are you permitted to:
Any use of the Site or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of our intellectual property and other proprietary rights and a violation of applicable law.
You can make reservations for our Properties through the Site or by calling the property directly. Reservations from the Site are handled by various third-party reservation companies (“Booking Company”), although you may make reservations through aggregators like Booking.com, Expedia, Orbitz, or Kayak (“Aggregators”). If you use the Booking Company or an Aggregator to book reservations at the Properties, additional terms may apply, and you are responsible for reviewing them before you make a reservation.
For information on cancellation and booking related policies, please refer to the terms and conditions on the Property website and from the Booking Company.
We like to hear from you. However, in your communications with us, please keep in mind that, unless we specifically request them, Black Walnut does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way, and we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to us via the Site, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Site (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and we will not assume any responsibility, obligation, or liability for them or for our receipt or non-receipt of them. We may delete or destroy Your Submissions at any time. Our receipt of Your Submissions is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Black Walnut, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sub-licensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by us under these Terms, do not and will not infringe any right of any third party.
By creating a User Account, reserving one of our Services, entering a promotion or sending e-mail to us, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing.
Black Walnut reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Site or its information technology or other systems or networks; (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Sites; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of these Terms to the full extent of the law; (e) delete or modify any content on the Site, including any materials or items you may have acquired through your use of the Site; and (f) discontinue any of the Site or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
Black Walnut may collect certain information in order to operate the Site and to fulfill your requests or enable participation in certain online activities. We will also receive and store information you provide to us to complete surveys, request additional information regarding our Services, make a reservation, participate in a sweepstakes or other incentives, post information on our Site, make purchases online, set up accounts, sign up to receive our newsletters or other e-mail communications, communicate by e-mail, communicate with us through a social media platforms or by telephone or physical mail, use our Services, or otherwise interact with us. Such information may include Personal Information. You can choose not to provide certain information, but then you might not be able to participate in our surveys or incentives, purchase products, or take advantage of certain features or Services available through the Site.
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of Personal Information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of Personal Information.
The Sites and the servers that make them available are located in the United States of America and are not directed to use by residents of other counties. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Black Walnut makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
We respect the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide the following information to our office:
Submit the above information to:
Black Walnut LLC
47 N State St. #200
Lake Oswego, OR 97034
We attempt to ensure the descriptions, products and Services, and other information on the Site are as accurate and complete as possible. However, we do not warrant that any information or content obtained on or through the Site is accurate, complete or error-free. We may modify the Site, in whole or in part, at any time and without prior notice.
WE DO NOT WARRANT THAT ANY CONTENT POSTED ON OR ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NEITHER WE, NOR OUR SUPPLIERS, NOR THE PROPERTY OWNERS, WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY EXPERIENCE, PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH OR IN CONNECTION WITH THE SITE. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) WE MAY MODIFY, DELETE, OR SUPPLEMENT THE CONTENT ON THE SITE, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE.
NEITHER WE, NOR OUR SUPPLIERS, NOR THE PROPERTY OWNERS, SHALL HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE; ANY DELAY IN USE OF OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE SITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULNESS.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY. NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED $50.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Without limiting any provision in the previous section, Black Walnut shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of our obligations under this Agreement if the delay or failure was due to any cause beyond our reasonable control. Causes beyond our reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Black Walnut or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
You agree that you are personally responsible for your use of the Site and its contents, and further agree to indemnify, defend and hold harmless us, our third party service providers, and the Property owners from and against any loss, damage, expense or liability of any kind (including attorneys’ fees and costs) resulting from your violation of any the Terms or your use of or access to the Site, your communications with us and/or your violation of the rights of any third party.
Except for matters relating to the enforcement of Black Walnut’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH BLACK WALNUT BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and Black Walnut agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Black Walnut opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Black Walnut expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give us written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If we do not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration and description of your claim to Black Walnut at the address set forth above in “Copyright Claims.”
You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreed location.
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Black Walnut. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Portland, Oregon, unless otherwise agreed upon by you and Black Walnut in writing. You and Black Walnut will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing us with written notice of your intention to do so at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Oregon law to any underlying claims as provided above). You agree the arbitration and other provisions of this section “Binding Arbitration; Class Action Waiver” survives any termination of these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
This Site is controlled and operated from Portland, OR, U.S.A. Neither we, nor the Property owners, nor any service providers make any representation that any content on the Site, products or services offered or accessed on or through them are appropriate or available for use in other locations. If you access the Site from a location outside the United States you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction.
You agree that the Terms, as they may be amended from time to time, set forth your and our entire understanding as to the subject matter of the Terms.
Nothing contained in these Terms shall be deemed to constitute a partnership or joint venture, or constitute an employment or agency relationship, between you and us.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.
No waiver or failure of ours to assert our rights under any provision of the Terms shall be valid unless in writing and signed by an officer of Black Walnut LLC. We may assign our rights and duties under the Terms, in whole or in part, to any party without notice to you. You may not assign your rights and duties, in whole or in part, without our prior written consent.
All rights not expressly granted herein are reserved to us. Questions about these Terms or the Site? Please contact us at the following address: Black Walnut LLC, 47 N State St. #200, Lake Oswego, OR 97034.