Legal Statement, Copyright
Copyright © 1995-2011 Featherwinds Lodging, LLC. All rights reserved. Copyright and rights reserved include but not limited to all images, logos, graphics, text, coding and website content on www.featherwinds.com. Featherwinds Lodging, LLC, and/or Main Stream Marketing and/or dba Syndicated Designs retain all rights and Copyrights. Unless written permission is given by Featherwinds Lodging, LLC, copying, printing, or downloading in anyway is a copyright infringement.
All references to "Featherwinds", "Featherwinds Lodging", "us", "we", "this website", "this webpage", "this site", "this page", "the owner", "operator", shall be construed to mean Featherwinds Lodging, LLC. References to "this website", and/or "this webpage"; include but not limited to all images, logos, graphics, text, coding, and website content on featherwinds.com and leavenworthevents.com. All references to "you", "visitor", "guest", means you or your company, it's members, agents, officers, and/or employees.
- Parties. The parties to this agreement are you and the owner of this website: Featherwinds Lodging, LLC. - featherwinds.com.
- Prohibited Conduct. you agree: (a) not to use this website for illegal or illicit actions, (b) not to interfere with this website in any way, (c) not to use or attempt to use software, devices, programs, or routines to disrupt or change the function of this website in any way shape or form, (d) not to use this website to gain personal, financial or private information of Featherwinds and/or other visitors to this website, (e) not to impersonate, and/or represent any person or entity of Featherwinds, (f) not to impersonate, misrepresent any person or entity, (g) not to misrepresent or falsely imply any statements or action of you, (h) not to post derogatory, offensive, defamatory, remarks regarding and/or reference to Featherwinds or this website, on this or any website, forum, blog or otherwise internet communication network.
- Applicable Laws. You shall comply with all laws and regulations of the United States, Foreign Countries and Foreign Sovereignties. United States laws and regulations take precedent over all foreign laws and regulations. "All laws" refers to, includes, but not limited to encryption, digital submissions and signatures, electronic communications, transmission of technical and digital format submissions relating and/or referring to any service associated with this website.
- Registration. Registration maybe required when accessing any or part of this website. This includes but not limited to registering for bookings, reserving rooms, cabins, lodges, vacation rentals or any lodging and/or making reservations or requesting services through this website, including email requests. This also includes any associated website approved by Featherwinds for the explicit use of booking lodging and/or services provided by Featherwinds.
- Posting To This Website.
- Defamation. Communications Decency Act Notice (CDA. Featherwinds website is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230. Featherwinds is not responsible for any third party postings to this website, any blog or any other website representing Featherwinds with or without permission from Featherwinds Lodging, LLC. Featherwinds does not assume any editorial control of any kind regarding content, information or accuracy there of, images, graphics, or logos posted by third parties. Featherwinds assumes no responsibility to investigate, monitor, verify or reaffirm information, content and/or its accuracy contained in any third party posts.
- Posting to Our Blog(s). Information and/or contents posted to Featherwinds blog(s), hosted on our website server is not considered or treated as private and/or confidential, nor do said postings reserve privilege to copyright or privacy laws and/or regulations. Any postings to our blog(s) hosted on our server and/or third party server is considered property of Featherwinds Lodging. Said posts/property use is determined by the sole discretion of Featherwinds Lodging, LLC. Information and/or content posted to Featherwinds blog(s) hosted on other servers as a paid and/or free service is not considered or treated as private and/or confidential, nor do said postings reserve privilege to copyright or privacy laws and/or regulations. Furthermore, with concern to all blog(s) mentioned above, we reserve the right of editor control, to remove any material and/or posts that may contain, encourage, or promote illegal or illicit activity or materials based on our judgment or understanding of legal responsibilities, liabilities of all parties involved. Featherwinds reserves the right to remove and/or not allow any posts we consider inappropriate for any reason based on our judgment. Posting, distributing, promoting or linking to information or material that is in violation of ANY laws, regulations or standards of practice is prohibited, not allowed and banned from this website and/or blog(s), including but not limited to information and material protected by copyright, property rights, trademark, trade agreements, obscene, threatening or defamatory materials. Featherwinds is not responsible for investigating and/or verifying content posted to our website and/or third party websites on our behalf. We will however work with appropriate law enforcement and/or justice department agencies investigating and/or verifying content posted and/or linked to/from our website and/or third party websites on our behalf.
- Digital Millennium Copyright Act Notice (DMCA). The DMCA requires certain information be provided for notices/claims of infringement posted on this website. All notifications regarding infringement on this site should be listed. Notify in case of Claimed Infringement or Legal Notifications: Featherwinds Lodging, LLC. 17033 River Road, Leavenworth, WA 98826. Agent's Name: Cliff and Dawn Barnhill. Email Address: firstname.lastname@example.org Telephone: 509-763-0698.
- Copyright Infringement. In a Claimed Infringement you are to notify the above mentioned agent. All claims must be in writing. We will investigate alleged/claimed post, material and/or content to the best of our abilities as time allows. We may forward allegation/claim to proper authorities and/or our legal representatives in good faith by Featherwinds. If applicable we will remove infringed post, material and/or content in good faith by Featherwinds and/or third party. When notifying us with a claim of infringement the DMCA requires specific information be provided: (a.) description of copyright material, (b.) location of alleged/claimed material, (c.) your contact information including full name, address, telephone number and/or email address (d.) a statement by you of good faith that alleged material is posted without the authorization by copyright owner (e.) signed under penalty of perjury, a statement by you, that all information in claimed infringement is true and accurate and you have legal authority to enforce alleged infringed copyrights (f.) a physical or electronic signature of the copyright owner or authorized person or agency to act in good faith on behalf of the copyright owner. Furthermore, Featherwinds requires your full name, street address, telephone number and email address. If all information is not submitted electronically or in writing may delay processing of claimed infringement complaint. Featherwinds reserves the right to forward to city, county, state or federal law enforcement and/or justice department agencies and/or legal representatives for Featherwinds Lodging, LLC.
- Copyrights, Rights Reserved. All materials not limited to but including: images, logos, icons, graphics, and/or text on this site are owned by Featherwinds Lodging, LLC., Main Stream Marketing, and/or dba Syndicated Designs or are being used with the permission of copyright owner. By using this website you agree and acknowledge this site contains protected materials and content. You further agree use of this site does not grant you implied One Time Rights and/or First Time Rights, license or authority to use copyright or copyrightable material on this site. All copyright use agreement must be in writing from/by Featherwinds and/or authorized agent on Featherwinds behalf. Unless stated here, on this website, or with written permission from Featherwinds no material maybe copied, displayed, distributed, downloaded, photocopied, posted, reproduced, or republished. Information and/or material on this site maybe printed by you for your personal non-commercial records and/or internal use. Materials and/or information printed from this website may not be modified. Any materials and/or information printed from this site in accordance with the agreement stated above does not give you any implied or written copyright or ownership rights. Any breach of these terms or conditions may violate copyright and/or other laws and regulations of other countries, the United States, and/or city, county, state laws and regulations. Any breach may be subject to penalties defined by city, county, state and/or federal laws and regulations.
- Trademarks. Trademarks, logos and service marks used and/or displayed on this website are registered and/or unregistered Trademarks of Featherwinds Lodging, LLC or third party trademarks used with permission of said third party. Nothing on this site should be considered and/or implied as granting right of use or license to use Trademarks on this site without written permission by Featherwinds and/or an authorized agent on Featherwinds behalf.
- Links to This Site. You are granted limited, nonexclusive right to create a hyperlink to this site. Any and all hyperlinks to this website must display our true and current, page web address including but not limited to browser address bar readings; you may not create a means to link to our website or use of our server without using the WWW Consortium direct or assigned hyperlink to our website or any page there within without written permission from Featherwinds and/or an authorized agent on Featherwinds behalf. Your granted right is permissible only if your link does not imply, portray or mislead Featherwinds and/or our services in a false, derogatory, illegal, misleading or offensive manner. This does not give the right/permission to use our graphics, images, logos and/or trademarks as or in the link without prior written permission by Featherwinds and/or an authorized agent on Featherwinds behalf.
- Links to Images. You are not granted permission of any kind to link to an image, graphic or logo on our website. Doing so constitutes unauthorized usage of our website host server. Furthermore, doing so WILL subject you to penalties, fines and/or surcharges to recover additional usage charges incurred by Featherwinds. Any legal services required to recover penalties, fines and/or surcharges will be your responsibility. The only exception to linking to an image, graphic or logo on our website is if Featherwinds on their own free will submit mentioned materials to search engines and/or directories. This action does not constitute permission for you to use said material in any way without Featherwinds written permission.
- Warranties and Guarantees. This website offers no warranties and/or guarantees of any kine implied, assumed or otherwise. All warranties and guarantees (if any apply) are issued in writing by Featherwinds and/or an authorized representative acting on behalf of Featherwinds Lodging, LLC.
- Booking Online. You agree, acknowledge our booking online is done by a third party website. You agree Featherwinds can not be held liable for actions by third party website. Furthermore you agree and acknowledge by booking online you are agreeing to our booking and cancellation policy stated by Featherwinds on said third party website and found on our FAQ webpage. Featherwinds reserves the right to refuse, decline and/or terminate any online booking including but not limited to conditions listed within the online booking contract found on our online booking webpage and on our FAQ webpage. Notification of said refusal, termination or decline will be done by email to the email address provided by you on our online booking form. Not receiving our email notification does not constitute failure on our part to provide or send email notification. Featherwinds will maintain a copy of our email notification for a minimum of 60 days of the sent date. You agree our copy of any email notification to you constitutes performance by Featherwinds in good faith and you can not hold Featherwinds liable for any loss including but not limited to loss of booking, loss of time and/or financial loss. You also agree any and all information you submit in our online booking form is true and accurate.
- Limited Liability. Featherwinds, its officers, owners employees and/or contractors shall not be liable for any loss of data, loss of business, loss of profits, loss due to use of data, loss of goodwill or other incidental, indirect, special, exemplary or consequential damages of any kind arising out of this or any agreement with Featherwinds Lodging, LLC.
- Indemnity. In this section (#16) the term Featherwinds will mean and/or refer to Featherwinds Lodging, LLC, it's owners and/or officers, staff members, employees, contractors, affiliates, and agents from claims, costs, demands, expenses (including attorney and accounting fees), liabilities, losses, and suits that Featherwinds may incur or sustain from your failure through this site.
- Termination. You agree and acknowledge Featherwinds at its sole discretion may deny, restrict or disable your access to this site without limitation, without notification at any time. Featherwinds has the right to change, modify, delete, discontinue (temporarily or permanently) any services in part or in whole offered within this site and without notice. Furthermore you agree not to hold Featherwinds liable or responsible for changes, modifications, deletions, or discontinuance of services offered by a third party website working with or on behalf of Featherwinds.
- Consumer Rights. Complaints and/or inquires regarding pricing policies must be made in writing or in email. All complaints and inquires regarding pricing will be investigated by Featherwinds and will respond to all inquires. All correspondence shall be:
- Emailed To: email@example.com
- Subject Line: Complaints, Inquires, Pricing Policy
- Must include your full name, email address
- Controlling Law. You agree and acknowledge this and all agreements on this website shall be construed under the laws and regulations of the state of Washington.
- Jurisdiction and Venue. By using this site you and Featherwinds Lodging, LLC agree all legal proceedings in regards to and between you and Featherwinds must be submitting exclusively to the jurisdiction of the courts of Chelan County in the state of Washington. If you file any legal proceedings in regards to Featherwinds, its officers and/or owners in any jurisdiction or venue other than the above mentioned, Featherwinds is entitled to recover attorney's fees plus company costs (including but not limited to loss of revenue) in the starting amount of $10,000.00 but not to exceed $300,000.00 unless filing and/or legal actions proceed beyond one year of initial filing day. If filing and/or legal actions last longer than one year, Featherwinds is entitled to the amount of $300,000.00 per additional year initiating after one year and one day of the initial filing date.
- Collection of Information, Anonymous and Passive. Featherwinds reserves the right to monitor or enlist a third party to monitor your use of this site. While navigating through this website by you and all visitors anonymous information will be collected passively (without you actively providing information) through various technologies such as cookies, web beacons, internet tags, etc. Navigational data is collected passively using technologies such as clickstream, log files, server logs, etc. Some of the anonymous information collected includes but not limited to: URL of the website you navigated from, your IP address, and the browser version you are using. Our website may also collect anonymous passive information using cookies, beacons, or internet tags. You may set your browser to notify you and/or give you the option to accept or decline cookies. All or part of this website or third party websites on behalf of Featherwinds may require the acceptance of cookies.
- Methods of Collecting, Explanation. Our website or third party websites may use all or some of the methods listed below. The below methods include but not limited to this list of collecting means.
- Cookie. Cookies are bits of information that this site sends to your web browser which allows us to remember you, your preferences and other information.
- Session Cookies. Session Cookies are bits of information that are used to improve navigation, blocks information that is inappropriate or not needed or requested.
- Persistent Cookies. Persistent Cookies are more permanent but not definitely permanent. These bits of information are placed on your hard drive and stored there until you delete the cookie. The information gathered is used to retrieve information you previously provided to customize the site based on your preferences.
- Browser Cookies. You can set your browser to handle cookies in several different ways; to accept all cookies, to reject all cookies, or to ask you each time a cookies is detected to accept or reject the cookie. For more information look in your browser help section.
- IP or Internet Protocol Address. This is a number assigned to your computer by your internet provider to access the internet. In most cases your IP address is "dynamic" meaning it changes each time you log on to the internet. In some cases your IP address is "static" meaning it is unique to your computer. The IP address information can be used to administer and improve the site, site performance, and diagnose problems with the server.
- Internet Tags. Also known as cookies. These tags/cookies deliver information to the website server such as browser information, IP address and how the visitor came to the website.
- Navigation Data. This data is gathered from cookies, log files, and server logs. The information is used to communicate with visitors and advertisers. The data files are also used to improve the website content, marketing techniques and system management.
- Use of and Sharing Information, Anonymous and Passive. This site may or may not use a portion of or all of the information gathered from the above methods but not limited to the methods described above. Featherwinds reserves the right to use all gathered information necessary but not limited to improve, monitor, and analyze site performance, preferences, and administration. We reserve the right to share this information as we deem necessary for our services and marketing techniques.
- Use of Third Party Cookies. Featherwinds reserves the right to use a third party to analytics services. Any information gathered by the cookies will be stored on a third party server until deemed obsolete. You are able to refuse these cookies by changing settings on your computer.
- Collection of Additional Information - Personal Information. If Featherwinds needs additional information from you, we will ask you to submit such information. Additional information may include but not limited to name, address, telephone number, email address, and credit card information. A third party may be responsible for gathering said information on behalf of Featherwinds.
- Services Provided by Third Party. Featherwinds may utilize the services of a third party to collect information on behalf of Featherwinds. Said third parties are to adhere to a strict confidentiality and are prohibited from use of personal information gathered on behalf of Featherwinds. Third Party services may include but not limited to website hosting, blog hosting, domain hosting, internet access, software providers, data processing service, payment processing, payment data gathering, and/or marketing. All third party service providers are prohibited from using gathered information for any purpose other than the services they provide to Featherwinds and/or services they provide for us.
- Sale, Merger, Bankruptcy or Closure. In the event Featherwinds is bought or merges with a third party, we reserve the right to use and/or share any information gathered by us or on behalf of Featherwinds by a third party. Featherwinds may but not limited to share, transfer or assign any information gathered for or by Featherwinds to new owners, partners and/or third party related to a change of control.
- Legal Process Sharing. Featherwinds reserves the right to share any, all or in part, information gathered by or on the behalf of Featherwinds in any legal process regarding or involving Featherwinds to third parties. Featherwinds will comply with court demands and/or requests; respond to subpoena or investigation by government agency or regulator.
- Personal Information Security. Featherwinds has reasonable and appropriate security measures to protect your personal information. Although, no security is guaranteed 100% nor is data transmission through the internet guaranteed 100% secure, we take reasonable and appropriate measures to safe guard your information. Featherwinds can not be held liable for intrusion, illegal access or theft of your information.
- Online Access Policy. Featherwinds is committed to providing online privacy for all website visitors including children. This website is rated for general audience. We do not provide or solicit content not adherent to a general audience rating. We will not knowingly collect personal information from children under the age of 18. If you are the parent or guardian of a child under the age of 18, you may request Featherwinds to delete any personal information gathered by or for Featherwinds pertaining to the child. You must contact Featherwinds via email containing your name, telephone number, and return email address. Featherwinds will in turn contact you at our earliest convenience. To contact Featherwinds regarding such issues or concerns use the above listed email address.
- Email and Messaging Policy ECPA Notice. Featherwinds treats email and other electronic messages as confidential and private. All electronic messaging sent and/or received by Featherwinds are subject to the Electronic Communications Privacy Act (ECPA) of 1986, 18 U.S.C. Sections 2701-2711. Any and all confidential and private communications with Featherwinds are kept as such unless (a.) legal demand (warrants, subpoenas, and/or court demands/orders), (b.) we inadvertently receive communication regarding a crime or possible crime. This site should be considered to have no "secure communications medium" under the ECPA or defined by the ECPA.
- USA Patriot Act (the Patriot Act). The Patriot Act provides the communication host and law enforcement agencies (city, county, state and/or federal agencies) right to monitor any content at the request of the operator. We will comply with all of our obligations and rights under the USA Patriot Act.
- Featherwinds Lodging, LLC.
- 17033 River Road
- Leavenworth, WA 98826
- Email: firstname.lastname@example.org