PRIVACY POLICY

1. INTRODUCTION

This Privacy Policy explains how Marine & Lawn Hotels & Resorts and its owners (“Company”) collects, uses, and discloses information about you through its website, and other online products and services (collectively, the “Services”).

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you with respect to your privacy.

2. COLLECTION OF INFORMATION

Information You Provide to Us
When you use our website to book a room with us or open an account or register for the Services, we ask you to provide certain information, such as your name, phone number, email address, the size and makeup of your party (including how many adults and children), your preferred currency for payment, your check-in/check-out dates, the location of the hotel at which you intend to stay and your payment information.

We also collect information when you subscribe to our monthly newsletter online, fill out other online forms, make an online purchase, communicate with us via third party social media sites, request customer support, or otherwise communicate with us through our website.

Information About Your Use of the Services
Usage Information

We collect information about your use of our website, such as the search terms you enter, the pages you visit within our website, and the links you click on.

Automatically Collected Information
When you access or use our Services, we automatically collect information about you, including:

  • Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
  • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. For more details, please see “Your Choices” below.

Information Collected by Cookies and Other Tracking Technologies: Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies and how to disable them, please see “Your Choices” below.

Information We Collect from Other Sources
We may obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you through other means, such as in person, through the phone, emails sent from you, or from third parties such as travel agencies, and combine that information with information collected through our website.

3. USE OF INFORMATION

We use the information we collect to provide, maintain, and improve our services, such as to conduct website analytics, improve marketing services, or deliver targeted advertisements. We may also use the information we collect to:

  • Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and requests and provide customer service;
  • Communicate with you about products, services, offers, promotions, rewards, and events offered by Company and others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with our Services;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Company and others;
    Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
    Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
  • Link or combine with information we get from others to help understand your needs and provide you with better service; and
    Carry out any other purpose described to you at the time the information was collected.

4. SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
    In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Company or others;
    In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
  • Between and among Company and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
    With your consent or at your direction.
  • We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

5. SOCIAL SHARING FEATURES

The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

6. ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by Company and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

7. DATA RETENTION

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

8. TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES

Company is based in the United States and we process and store information in the U.S. and Canada. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

9. RESIDENTS OF THE EUROPEAN ECONOMIC AREA

If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data.

Legal Basis for Processing
If you are a resident of the EEA, when we process your personal data we will only do so in the following situations:

  • We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing services you have requested).
  • We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services.

Data Subject Requests
If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us as indicated below.

Questions or Complaints
If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

10. YOUR CHOICES

Account Information
You may update, correct or delete information about you at any time by logging into your online account, by emailing us at info@marineandlawn.com or writing to us at 133 N Jefferson Street 4th Floor, Chicago, IL 60661. If you wish to delete or deactivate your account, please email us but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Promotional Communications
You may opt out of receiving promotional emails or text messages from Company by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails such as those about your account or our ongoing business relations.

Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at:

133 N Jefferson Street 4th Floor, Chicago, IL 60661 or info@marineandlawn.com

11. CONTACT INFORMATION

If you have any questions about this Privacy Policy, please contact us at:
133 N Jefferson Street 4th Floor,
Chicago, IL 60661 or
info@marineandlawn.com

Last Updated: March 8th 2021

TERMS OF SERVICE

Effective Date: 8th March 2021

Please read these Terms of Service (the “Terms”) carefully. Your use of the Site (as defined below) constitutes your consent to these Terms.

These Terms constitute an agreement is between you and Marine & Lawn Hotels & Resorts and its owners (“Company”, “we”, or “us”) concerning your use of (including any access to) the Marine & Lawn Hotels & Resorts website currently located at www.marineandlawn.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”). The Terms incorporate by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company. In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.

By using the Site, you affirm that you are of legal age to agree to these Terms.

1. ELIGIBILITY.

The Site is available only to individuals and entities that can form legally binding contracts under U.S. law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you are not eligible to use the Site under this or any other section of these Terms, you may not use the Site. You warrant that you are eighteen (18) years of age or older to reserve a room on this Site.

You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

We reserve the right to cancel or modify reservations where it appears that a customer 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, or from an attempt to circumvent Company or hotel policies, terms or conditions.

You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities. Some rates have special eligibility requirements. It is your responsibility to verify that you qualify for the rate that you have booked. Hotels are not obligated to honor rates if you do not qualify.

The Site may not be available for use in non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

2. CHANGES.

We may make changes to these Terms from time to time. If we make changes to these Terms, we will notify you, such as by updating the “Effective Date” date above and/or posting a notice on the Site. If you do not agree with the new version of these Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. Your continued use of the Site will confirm your acceptance of the revised version of these Terms. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

3. PRIVACY POLICY.

Please refer to our Privacy Policy, located at www.marineandlawn.com/privacy (the “Privacy Policy”) for information about how we collect, use and disclose information about you. You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

4. RULES OF CONDUCT.

Unless you have received Company’s express prior written consent, in connection with the Site, you must not:

  • Post, transmit, submit to, or otherwise make available through or in connection with the Site any materials that are or may be: (a) illegal, threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
  • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
    Harvest or collect information about users of the Site.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Site.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site.
    Develop any means or use any third-party means that interact with the Site, including any scripts designed to scrape or extract data from the Site;
    Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
  • Systematically download and store Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
  • Download or use any of the photography on the Site.

We reserve the right, in our discretion and at any time, to block or remove any content from the Site, suspend or discontinue any part of the Site, introduce new features or impose limits on certain features, or restrict access to parts or all of the Site.

5. PRODUCTS.

The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Company or by third parties. The availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.

6. TRANSACTIONS.

We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Please note that bookings and reservations have additional terms and restrictions that apply to each transaction at the time of booking. These additional terms take precedence over any contradictory provisions in the Terms.

7. REGISTRATION; USER NAMES AND PASSWORDS.

To access and use certain areas or features of the Site, you may need to register for an account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

By creating an account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

8. COMPANY’S PROPRIETARY RIGHTS.

We own the Site, which is protected by proprietary rights and laws. Subject to your compliance with the Terms, and solely for so long as you are permitted by Company to use the Site, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use the Site or Products; (b) copy, reproduce, distribute, publicly perform, or publicly display the Site, except as expressly permitted by us or our licensors; (c) modify the Site, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use the Site other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

Our trade names, trademarks, trade dress and service marks include but are not limited to Marine & Lawn Hotels & Resorts, Rusacks St Andrews, Marine North Berwick, Marine Troon as well as any associated logos (collectively, the “Marine & Lawn Marks””). All trade names, trademarks, trade dress, service marks and logos on the Site not owned by us are the property of their respective owners. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this Site without our written consent. This prohibition on use of the Marine & Lawn Marks includes, without limitation, use as meta tags, in domain names, and on other sites.

Our Site content (including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, and all compilations of any of the above) is our property, or the property of our content suppliers and vendors, and are protected by United States and international copyright laws. You may use this site’s content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Nothing contained on the Site should be construed as granting any right to use any copyrighted material, trade names, trademarks, service marks or logos without the express prior written consent of the owner.

9. FEEDBACK.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Site or any of our Products (“Feedback”), then you agree that your disclosure is gratuitous, unsolicited, non-confidential and without restriction. We are free to use Feedback without any acknowledgement or compensation to you. We will be free to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide, without any restriction of any kind on account of intellectual property rights or otherwise. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

10. THIRD PARTY MATERIALS; LINKS.

Certain Site functionality may make available access to materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. When you access or use Third-Party Materials, you accept that there are risks in doing so, and that Company is not responsible for such risks, regardless of whether or not Company has a relationship with the entity offering such Third-Party Materials. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each Third-Party Site that you access or use. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in the Terms shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

You acknowledge and agree that your interactions with such third parties are solely between you and such third parties, and that Company is not responsible or liable in any manner for such interactions. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

11. DISCLAIMER OF WARRANTIES.

The Site and any Products and Third Party Materials are made available to you “AS IS” without any warranties of any kind, whether express, implied or statutory. Company disclaims all warranties with respect to the Site and any Products and Third Party Materials to the fullest extent permissible under applicable law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, that use of the Site will be uninterrupted or error-free. All disclaimers of any kind (including in this section and elsewhere in the Terms) are made on behalf of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”). Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion and limitations may not apply to you.

12. LIMITATION OF LIABILITY.

To the fullest extent allowed by applicable law, Company and Affiliated Entities will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use, or data, revenue, income, profits, value of assets or securities, or other intangibles, even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Products or Third Party Materials. Your sole and exclusive remedy for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site. The maximum aggregate liability of Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of $10.00 or the total amount, if any, paid by you to Company to use the Site.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

13. INDEMNITY.

Except to the extent prohibited under applicable law, you agree to indemnify, defend (at Company’s request), and hold Company and Affiliated Entities harmless from and against any and all claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys’ fees, and loss of use, data, revenue, income, profits, or value of assets or securities) arising from or related to any third-party claims relating to: (a) your alleged or actual violation of these Terms, (b) your use of, or activities in connection with, the Site, (c) your Feedback or content, (d) your violation, misappropriation, or infringement of any right of another, or (e) your violation of any applicable laws or regulations.

14. TERMINATION.

The Terms are effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, including if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections which by their nature, are intended to survive shall survive any expiration or termination of the Terms.

15. GOVERNING LAW; JURISDICTION.

The Terms are governed by and shall be construed in accordance with the laws of the State of Illinois, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Cook County, IL, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

16. INFORMATION OR COMPLAINTS.

If you have a question or complaint regarding the Site, please send an e-mail to info@marineandlawn.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. COPYRIGHT INFRINGEMENT CLAIMS.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

18. MISCELLANEOUS.

The Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. There are no third-party beneficiaries intended under these Terms. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under the Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No failure or delay on the part of Company in exercising any right or remedy hereunder or enforcing the terms and conditions of the Terms will operate as a waiver thereof. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in the Terms shall be construed as if followed by the phrase “without limitation.” The Terms, including any terms and conditions incorporated herein, are the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to the Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

19. AMERICANS WITH DISABILITIES ACT

Marine & Lawn Hotels & Resorts believes that the web should be open to all, regardless of sex, color, creed, or ability. That’s why this website is built to conform to the web content accessibility guidelines set out in the WCAG 2.0 + 2.1 for the purpose of making this website accessible to everyone regardless of any disability. It is designed and built to work with assistive devices and applications like JAWS and VoiceOver.

19.1 CERTIFICATION

There is no formal certification process or entity that recognizes the accessibility of websites. Those that conform to the recommendations of WCAG 2.0 + 2.1 (web content accessibility guidelines) do so as a commitment to accessibility and adhere to universally accepted standards around these principles. It does not represent a review or validation of conformance by W3C or WAI (Web Accessibility Initiative). Rather it is meant to promote accessibility on the web and indicate a claim of conformance to a specified level of WCAG.

This website was also built to comply with the most current rules of the Americans with Disabilities Act (ADA), Title III, administered by the Department of Justice in the United States.

19.2 TESTING

Testing for the website is conducted with a combination of manual testing and the use of the following tools: Wave by Webaim, Koa11y, and browser color contrast checkers to ensure compliance is met in the WCAG level A or AA. Items found are flagged and passed onto a team of digital strategists, developers and editors based on the issue (be it content or a functional area of concern) to be corrected.

19.3 EXECUTION

We rely on a proprietary methodology and development framework that delivers a Level A or AA compliance for WCAG 2.0 and 2.1. Alongside resources that are provided at the beginning of our audit process, we conduct regular checks to ensure that content updates and edits continue to the desired level of accessibility and reflects changes adopted by the WCAG.

19.4 FEEDBACK

We encourage feedback from users on how we can further improve accessibility to our website and/or any of our digital platforms by emailing us at info@marineandlawn.com.

19.4 THIRD PARTY SITES

Third parties like Facebook, Instagram, and Twitter are not covered by this statement as we do not manage accessibility in those places. This includes any embedded item, iFrames, or API’s. Accessibility policies or terms of use for common third parties can be found below.

Facebook accessibility policy – https://www.facebook.com/help/accessibility
Instagram terms of use – https://help.instagram.com/581066165581870
Twitter terms of service – https://twitter.com/en/tos

20. MISCELLANEOUS.

If you have any questions relating to the Terms, please contact us at:

133 N Jefferson Street, 4th Floor, Chicago, IL 60661 or info@marineandlawn.com