TERMS AND CONDITIONS FOR USE OF THE SITE

This web site, www.toppingrosehouse.com (the "Site"), is presented by TRH Operating Company LLC d/b/a Topping Rose House (“TRH” or “we” or “us” or “our”) and presents information relating to the Topping Rose House hotel and restaurant located at One Bridgehampton-Sag Harbor Turnpike, Bridgehampton, New York 11932 (the "Property").

BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE PRIVACY POLICY WHICH IS INCORPORATED HERE BY REFERENCE (TOGETHER, THE "TERMS"), WITHOUT MODIFICATION. IF YOU DO NOT SO AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.

1.    Use of Site.

a.    The Site is available only to individuals who can form legally binding contracts under applicable law, and thus, is 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.
b.    The Site is to be used for your personal use only. Commercial uses of the Site are strictly prohibited without TRH’s prior written consent. 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. 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 TRH. 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 TRH or any third party that provides services related to the Site.
c.    You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any content or information contained herein, unless you obtain TRH's prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to TRH and/or to the Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for TRH or cause TRH to lose (in whole or in part) the services of our suppliers.

2.    Intellectual Property.

a.    All copyright and other intellectual property rights in all text, images, sound, software and other materials on the Site are owned by TRH and affiliated companies or are included with permission of the relevant owners. You are welcome to browse the Site and to reproduce extracts from it, for your information and for non-commercial and personal purposes only. The material of the Site may not be modified or incorporated in any other work, publication or site without the prior written agreement of TRH.
b.    The trademarks, logos and service marks and trade dress displayed on the Site, including but not limited to the trademark “Topping Rose House” (collectively, the "Trademarks"), are owned by or licensed to TRH. Any reproduction or use of any of the Trademarks without the express written consent of TRH is prohibited. Nothing contained on the Site should be construed as granting any license or right to use any of the Trademarks without the written permission of TRH.
c.    The information and material contained in the Site are for general references only. TRH disclaims any warranty or representation of any kind, express or implied, as to any matter whatsoever relating to the Site. To the fullest extent allowed by law, TRH shall accept no responsibility or liability in respect of any loss or damages howsoever arising herein.
 

3.    Notice and Procedure for Making Claims of Copyright Infringement

TRH respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please contact us at copyright@toppingrosehouse.com and provide us with the following information:

a.    a physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
b.    a description of the copyrighted work that you claim has been infringed;
c.    a description of where the material that you claim is infringing is located on the Site;
d.    your address, telephone number, and email address;
e.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f.    a statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

4.    Communications Policy

a.    Other than personal information, TRH shall be free to reproduce, use, disclose and distribute your communications to us to third parties and to use any ideas, concepts, know-how or techniques contained in those communications for any purpose whatsoever. Communications includes but not limited to feedback, questions, comments, suggestions and the like.
b.    In addition to the circumstances described above, TRH may disclose information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of TRH when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against anyone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

5.    Linked Web Sites

a.    TRH uses third party web sites to enable you to make restaurant reservations and hotel bookings. Each such third party web site operates according to its own terms of use and privacy policy and we recommend that you carefully review such terms of use and privacy policy prior to making any reservation or booking.  
b.    YOU AGREE THAT TRH IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY WEB SITE OR FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF SUCH THIRD PARTY WEB SITE. TRH HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND TRH'S DIRECT CONTROL, AND TRH HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.
c.    Other web sites may include links to the Site. The inclusion of such links does not indicate our endorsement of the other web site’s content, advertising, products, services, policies or other materials on or available from the other web site.

6.    Miscellaneous Terms.

a.    Denial of Access.  In its sole discretion, in addition to any other rights or remedies available to TRH, and without any liability whatsoever to you, TRH, at any time and without notice, may terminate or restrict your access to the Site and any related services.

b.    Severability.  These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

c.    Modification.  TRH may at any time modify these Terms, and your continued use of the Site will be conditioned upon the Terms in force at the time of your use. Accordingly, you agree to review these Terms periodically, and your continued use of the Site shall be deemed your acceptance of the changed Terms.

d.    EXCLUSION OF WARRANTY, DISCLAIMER.  YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TRH HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY TRH WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

e.    LIMITATION OF LIABILITY.  IN NO EVENT SHALL TRH, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(I) YOUR USE OF THIS SITE; (II) ANY FAILURE OR DELAY OF ANY COMPONENT OF THIS SITE; OR (III) THE PERFORMANCE OR NON PERFORMANCE BY TRH OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.

YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TRH, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.

IN THE EVENT TRH IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.

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.

f.    Indemnification.  You agree to indemnify and hold TRH and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. TRH's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

g.    Governing Law.  Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action.

h.    Entire Agreement.  These Terms, together with those incorporated herein or referred to herein (including, without limitation, the Privacy Policy) constitute the entire agreement between you and TRH relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter.