TERMS AND CONDITIONS OF USE.

Revised: 07.22.22

Welcome and thank you for visiting our website, santoshamaine.com (the “Website”), and for reviewing our Terms & Conditions of Use (“Terms of Use”). Tadasana Ventures d/b/a Santosha on the Carrabassett d/b/a The Inn on Winter’s Hill d/b/a Hillholm Estate (“Tadasana”) makes this Website, including all information, documents, catalogs, communications, files, text, graphics, images and sound recordings (collectively, “Materials”) available for your use subject to these Terms of Use.

Acceptance of Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS BELOW AND BY OUR ONLINE PRIVACY POLICY. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THIS WEBSITE.

Unauthorized use of this Website, including the misuse of any of its Materials, is strictly prohibited.

Copyright Notices 

The Materials on this Website are owned or licensed by Tadasana. You have been granted a limited license to view and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use only. Except as expressly stated, the Materials may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Tadasana’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notice of Tadasana’s proprietary rights, provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice in the Materials. Users may not provide copyrighted or other proprietary information to Tadasana without permission from the owner of such material or such associated rights. You are responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or from other unauthorized use.

Trademark Notices

Tadasana is the brand name for the mission and other activities of Tadasana and any of its affiliates. “Tadasana Ventures”, “Santosha on the Carrabassett”, “Santosha by the Sea”, “Sagadahoc Writers’ Sangha”, “Santosha Flow”, “Santosha Series”, “Sangha Salon”, “The Inn on Winter’s Hill”, “Hillholm Estate”, Tadasana logos, graphics, symbols and other service marks are trademarks of Tadasana and may not be used without the prior written consent of Tadasana. Other featured words or symbols, used to identify the source of goods and services on this Website, may be the marks of their respective owners. All comments, feedback, suggestions, ideas or other submissions (“Ideas”) disclosed, submitted, or offered to Tadasana in connection with one’s use of this Website are the exclusive property of Tadasana. You agree that unless otherwise prohibited by law, Tadasana may use, sell, exploit and disclose these Ideas in any manner, without restriction and without compensation to the user.

Website Materials

Materials on this Website are for information purposes only. Materials provided by third parties are believed to be reliable, but Tadasana does not warrant their accuracy or completeness.  The Materials on this Website and the associated terms of use and use are subject to change without notice.  The products and services offered through this Website also change frequently, so please check back often. TADASANA AND ITS AFFILIATES, AGENTS OR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE MATERIALS, PRODUCTS OR SERVICES DESCRIBED ON THIS WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE AND WITHOUT LIABILITY TO ANY USER. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND TADASANA DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH MATERIAL. TADASANA RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE.

Website Conduct

You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law or regulation; (ii) you will not engage in any other activity in conflict with the spirit or intent of this Website; and (iii) your use of Tadasana’s blogs or other social media are in accordance with those sites’ terms of use including but not limited to those terms concerning the rights of third parties.

Privacy and Security

Tadasana respects your privacy. Please see our Online Privacy Policy relating to the collection and use of information on this Website. Use of the Internet is not without risk. You are responsible for ensuring that your computer is free from spyware and malicious code, including but not limited to viruses and bugs that may track data you enter through this Website. Tadasana reserves the right to monitor all network traffic to this Website to identify and to block unauthorized attempts or intrusions to upload or change information or cause damage to the Website. Anyone using this Website expressly consents to such monitoring for these purposes.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due, among other things, to:

  • Hardware failure (including your own computer failure), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment

  • Software failure, including but not limited to bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls, unreadable codes, or irregularities within particular documents or other content

  • Overload of system capacities

  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, acts of God, accidents, fire, water damage, explosion, mechanical breakdown or natural disasters

  • Interruption of power supplies or other service utilities

  • Governmental or regulatory restrictions or other human intervention

  • Other causes beyond our control.

Links to Other Sites

Links to third-party websites are provided solely as resources that may be of interest to you, and Tadasana has no control over the content on such websites. If you choose to link to a website not controlled by Tadasana, Tadasana makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability of the site, nor does Tadasana warrant that such site or content is free from any claims of copyright, trademark or other infringement of third-party rights or that such site or content is free of viruses or other contamination. Tadasana does not guarantee the authenticity of documents on the Internet. Links to third-party websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

LIMITATION OF LIABILITY

You expressly agree that the use of this Website is at your own risk. Neither Tadasana nor its officers, trustees, directors, or employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), warrants that any websites affiliated with Tadasana, including but not limited to this Website, will be uninterrupted, error-free, or free of malware, viruses, spyware, adware, malicious code or other defects. The Materials published on this Website may contain inaccuracies or typographical errors. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THIS WEBSITE (INCLUDING ALL MATERIALS CONTAINED HEREIN) IS PROVIDED “AS IS” AND “AS AVAILABLE”. PROVIDERS PROVIDING MATERIALS, PRODUCTS AND SERVICES THROUGH THIS WEBSITE ARE NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE. PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, TADASANA WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL TADASANA BE LIABLE FOR PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND TADASANA’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

 UNDER NO CIRCUMSTANCES WILL TADASANA BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE, REGARDLESS OF WHETHER TADASANA HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

International Users

This Website can be accessed from locations around the world. Tadasana makes no representation that this Website or the Materials herein are appropriate for use outside the United States. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. If you access this Website outside the United States, you are responsible for complying with all local law.

Enforceability and Governing Law

These Terms of Use shall be subject to any other agreements you have with Tadasana. The user’s access to and use of this Website, and the terms of this disclaimer are governed by the laws of the State of Maine without respect to principles of conflicts of law.  The user hereby irrevocably and unconditionally consents to the jurisdiction of the state court in Sagadahoc County and the federal court in Cumberland County, Maine.  In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

Arbitration

Any dispute relating in any way to your visit to Website shall be submitted to arbitration in Franklin County, Maine, except that, to the extent you have in any manner violated or threatened to violate Tadasana’s intellectual property rights, Tadasana may seek injunctive, equitable or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in the state court in Franklin County and the federal court in Cumberland County, Maine. To the fullest extent permitted by law, no arbitration under these Terms of Use or Online Privacy Policy shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.