Terms of Use

Updated as of August, 2015

 

NOTICE

Thank you for visiting one or more of our sites at http://www.greatescapeofphelps.com (the “Great Escape Website”). Great Escape Bar and Grill (“Great Escape”) provides its website and its related services to you subject to the following terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully BEFORE using the Great Escape Website. If at any time you do not wish to accept these Terms of Use, or if you do not agree with our Privacy Policy which is available at http://www.greatescapeofphelps.com/privacy-policy/ (the “Privacy Policy”), please do not use the Great Escape Website or any services offered by the Great Escape Website. Your continuing access and use of the Great Escape Website signifies your acceptance of these Terms of Use. Any additional terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by Great Escape and shall be of no force or effect. Any rights not expressly granted by the Great Escape Website are reserved to Great Escape Bar and Grill.

INTELLECTUAL PROPERTY OWNERSHIP

Except as specifically stated, all content and otherwise protectable features of the Great Escape Website, including but not limited to any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Great Escape Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Great Escape Website (the “Content”) are owned by Great Escape’s or used with permission or under license from a third party (the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Great Escape’s and you, all right, title and interest in and to the Content will at all times remain with Great Escape’s and/or the Owners. “Great Escape Bar and Grill ,” the “Great Escape Bar and Grill ” logo, and other marks, logos and titles may be registered and/or common law trade names, trademarks or service marks of Great Escape’s.

LIMITED LICENSE; RESTRICTIONS ON USE

The use or misuse of any Content, except as provided in the Terms of Use or in the Content, is strictly prohibited. Great Escape’s grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without Great Escape’s express written consent, distribute text or graphics to others, (b) you shall not, without Great Escape’s express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any tradename, trademark, or brand name of Great Escape’s in metatags, keywords and/or hidden text, (d) you shall not, without Great Escape’s express written consent, (1) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes, (2) modify, translate, alter or create any derivative works thereof, or (3) commercially exploit the Content, in whole or in part, in any way, (e) you shall not use the Great Escape Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Great Escape’s, the Owners, or any third party referenced therein, and (f) you shall use the Content, and/or any services and products on the Great Escape Website or accessible via the Great Escape Website for lawful purposes only. Any unauthorized use, including, the reproduction, modification, distribution, transmission, republication, or display, of the Content is strictly prohibited. Great Escape’s reserves all other rights. You do not acquire ownership rights to any Content viewed or accessed, and Great Escape’s posting of the Content on the Great Escape Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Great Escape Website shall be construed as conferring any license under Great Escape’s and/or an Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Great Escape’s may revoke any of the foregoing rights and/or your access to the Great Escape Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

GREAT ESCAPE’S ONLINE PRIVACY POLICY

Great Escape’s takes your privacy very seriously. Great Escape’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Great Escape Website. Please read and understand our Privacy Policy before accessing or using the Great Escape Website.

COPYRIGHT INFRINGEMENT POLICY

You shall not use the Great Escape Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of Great Escape’s or any third party. Great Escape’s reserves the right, but not the obligation, to terminate your license to use the Great Escape Website if it determines in its sole and absolute discretion that you are involved in infringing or other harmful activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Great Escape’s is committed to respecting and protecting the legal rights of copyright owners. As such, Great Escape’s adheres to the following notice and take down policy, in compliance with Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.) (the “DMCA”). Further, in accordance with Section 230 of the Communications Decency Act (47 U.S.C. § 230) (the “CDA”), Great Escape’s may, in its sole discretion, remove any material that it believes to be defamatory from its systems, including if it becomes aware of such material as a result of information contained in a notice provided pursuant to its DMCA takedown policy. Please note, however, that in electing to do so, Great Escape’s is exercising its rights under the so-called “Good Samaritan” provision of Section 230 of the CDA and is in no way waiving its rights to any protections, rights or immunities provided by the remainder of the CDA or any other Federal or State law.

 

All claims of alleged infringement or defamation must be submitted to Great Escape’s in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement to the following address: Great Escape Bar and Grill , LLC, 4394 Twin Overlook, Conover, WI 54519. In addition, any such notice must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit Great Escape’s to contact you, such as your address, telephone number, and/or electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law or that the material is defamatory and why; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

MODIFICATIONS AND UPDATES

The information and materials contained on the Great Escape Website, and the terms, conditions, prices, descriptions and availability of information that appears, are subject to change without notice to you. This applies as well to these Terms of Use. Great Escape’s may make changes to the services or products available on the Great Escape Website or these Terms of Use at any time in its sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” link located at the bottom of our Great Escape Website. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or Great Escape Website) are immediately subject to these Terms of Use. Your continued use of the Great Escape Website constitutes your continued acceptance to all such notices, terms and conditions, including these Terms of Use, as modified. Great Escape’s strongly recommends checking the Terms of Use periodically. Unauthorized use of Great Escape’s Website and systems, including but not limited to unauthorized entry into Great Escape’s systems, misuse of passwords, or misuse of any information posted on the Great Escape Website is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products or services is subject to final determination by Great Escape’s or its affiliates.

FURTHER RESTRICTIONS ON USE

Great Escape’s may, in its sole discretion and without notice, deny any person or company access to the Great Escape Website or any portion of the Great Escape Website. As a condition of your use of the Great Escape Website, you will not use the Great Escape Website for any purpose that is unlawful or otherwise prohibited by these Terms of Use. You may not use the Great Escape Website in any manner that could damage, disable, overburden, or impair any Great Escape’s server or interfere with any other party’s use and enjoyment of the Great Escape Website and services offered by the Great Escape Website. You may not attempt to gain unauthorized access to Great Escape’s or other’s accounts, information, computer systems or networks connected to the Great Escape’s server or to any of the services or products offered via the Great Escape Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Great Escape Website.

The Great Escape Website, any portion of the Great Escape Website and any software, products or services obtained from the Great Escape Website may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by Great Escape’s. Great Escape’s reserves the right to refuse service, terminate account(s), and/or cancel orders in its discretion, including, without limitation, if Great Escape’s believes that conduct violates applicable law, is harmful to the interests of Great Escape’s or its affiliates or any other reason. Great Escape’s further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.

LINKS

The Great Escape Website may contain links to other Great Escape Websites (“Linked Sites”) controlled or offered by third parties. Linking to such Linked Sites will let you leave the Great Escape Website. Unless otherwise indicated, Great Escape’s is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Great Escape’s and Great Escape’s is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Great Escape’s disclaims liability for any information, materials, products or services posted or offered at any Linked Site. By creating a link to a Linked Site, Great Escape’s does not endorse or recommend any products or services offered or information contained in that Linked Site, nor is Great Escape’s liable for any failure of products or services offered or advertised at the Linked Site. Such third party may have a privacy policy different from that of Great Escape’s and the Linked Site may provide less security than the Great Escape Website. Great Escape’s is providing the Linked Sites only as a mere convenience. If you decide to access any Linked Site you do so entirely at your own risk.

Linking to Great Escape’s Website from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, Great Escape’s content. A Linking Site shall not create a frame, browser or border environment to Great Escape’s content and a Linking Site shall not imply that Great Escape’s is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Great Escape’s, shall not provide false information about Great Escape’s products or services, and shall not unlawfully use the copyrights or trademarks owned by Great Escape’s or others. Linking Sites shall abide by any and all applicable laws.

ACCESS BY LOGIN

In order to use certain features of the Great Escape Website, you will need a User Name and Password. You may never use another’s User Name and Password without permission.

NO WARRANTY

THE CONTENT AND ALL OTHER INFORMATION AND MATERIALS CONTAINED IN THE GREAT ESCAPE WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. GREAT ESCAPE’S DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE GREAT ESCAPE WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. GREAT ESCAPE’S SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE GREAT ESCAPE WEBSITE. GREAT ESCAPE’S DOES NOT WARRANT THAT THE GREAT ESCAPE WEBSITE ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE CONTENT IS FREE FROM ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, OR THAT THE GREAT ESCAPE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. GREAT ESCAPE’S IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN GREAT ESCAPE’S HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT ESCAPE’S, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

LIMITATION OF LIABILITY

YOUR USE OF THE GREAT ESCAPE WEBSITE IS AT YOUR OWN RISK. NEITHER GREAT ESCAPE’S, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE GREAT ESCAPE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE GREAT ESCAPE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF GREAT ESCAPE’S WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE GREAT ESCAPE WEBSITE OR THEIR TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE GREAT ESCAPE WEBSITE AND THEIR SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST GREAT ESCAPE’S AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE GREAT ESCAPE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GREAT ESCAPE’S AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE GREAT ESCAPE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

RELEASE AND INDEMNIFICATION

If you have a dispute with one or more users of the Great Escape Website, you release Great Escape’s and our affiliates, and our and their respective officers, directors, employees, agents, and other representatives (collectively, the “Released Parties” from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You will indemnify and hold the Released Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

 

SUBMISSIONS

While Great Escape’s appreciates your interest in Great Escape’s and the Great Escape Website, Great Escape’s does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Great Escape Website or in response to solicitations on the Great Escape Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of Great Escape’s. Great Escape’s shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Great Escape’s through the Great Escape Website, without any compensation whatsoever. Great Escape’s shall not be subject to any obligations of confidentiality regarding submitted information.

AVAILABILITY

Unless otherwise specified, the materials on the Great Escape Website are presented solely to provide information regarding and to promote Great Escape’s services and other products available in the United States, its territories, possessions and protectorates. The Great Escape Website are controlled and operated by Great Escape’s from its offices within the state of Wisconsin, United States of America. By using the Great Escape Website, you agree and acknowledge that the Great Escape Website are hosted in the United States. Great Escape’s makes no representation that materials on the Great Escape Website are appropriate or available for use outside the United States. Those who choose to access the Great Escape Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If you are attempting to access the Great Escape Website from a physical location within Canada, the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Great Escape Website, which is governed by U.S. law, these Terms of Use, and the Privacy Policy, you are transferring your personal information to the United States and you consent to such transfer. Software from the Great Escape Website is further subject to United States export controls. No software from the Great Escape Website may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (c) any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. By using the Great Escape Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

GOVERNING LAW

These Terms are governed by the laws of the State of Wisconsin without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of Wisconsin, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied. Any dispute between you and Bear Creek Virtual Solutions LLC described in the previous paragraph shall be brought before an alternative dispute resolution body within Vilas County. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Any dispute between you and Bear Creek Virtual Solutions LLC arising out of or relating in any way to your access or use of this Site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party’s written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Bear Creek Virtual Solutions LLC.

Should mediation or arbitration as described herein not take place or not completely resolve a dispute for any reason, you agree that the sole jurisdiction and venue for any litigation arising from your use of this Site shall be an appropriate federal or state court located in Vilas County, State of Wisconsin, and you hereby submit to the jurisdiction of these courts.

GENERAL

Use of the Great Escape Website is unauthorized in any manner that does not give full effect to all provisions of these Terms of Use. No joint venture, partnership, employment or agency relationship exists as a result of these Terms of Use or your use of the Great Escape Website.

These Terms of Use constitute the entire agreement between you and Great Escape’s with respect to the Great Escape Website and supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or otherwise between you and Great Escape’s with respect to the Great Escape Website. No modification of these Terms of Use shall be effective unless agreed to in writing by an authorized officer of Great Escape’s. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach.

CONTACTING US

If you have any questions about these Terms of Use, please contact us at: info@greatescapeofphelps.com.