Terms + Conditions
Agreement between User and OssipeeLakeCabin.com
The OssipeeLakeCabin.com website (the “Site”) is comprised of various web pages operated by Kalm Waters LLC (“Kalm Waters” or “we” or “us”). OssipeeLakeCabin.com is offered to you on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of OssipeeLakeCabin.com constitutes your agreement to all such Terms. Please read the Terms carefully and keep a copy for your reference. If you do not agree to the Terms, you may not access or otherwise use this Site.
Privacy
Your use of OssipeeLakeCabin.com is subject to Kalm Waters’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Kalm Waters Reservation & Cancellation Policies
Policies for reserving and using the Kalm Waters property on Ossipee Lake in the state of New Hampshire, including our cancelation policy, are covered in the Kalm Waters Rental Agreement, a legal document separate and distinct from OssipeeLakeCabin.com and these Terms.
Guests of Kalm Waters with questions can consult the Kalm Waters Rental Agreement, The Kalm Waters Guide received with their signed Rental Agreement, The Kalm Waters Guide on site at the Kalm Waters property, by contacting kalmwaters@ossipeelakecabin.com, or using the phone number provided with the Rental Agreement.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kalm Waters is not responsible for third party access to your account that results from theft or misappropriation of your account. Kalm Waters and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Kalm Waters does not knowingly collect, either online or offline, Personal Information from persons under the age of 13. Users must be either 18 years of age or older, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. You hereby represent and warrant that, you are domiciled in the United States and are 18 years old or older.
Electronic Communications Use
Visiting OssipeeLakeCabin.com or sending emails to Kalm Waters constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Communication Services Use
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Kalm Waters has no obligation to monitor the Communication Services. However, Kalm Waters reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kalm Waters reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Kalm Waters reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kalm Waters’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kalm Waters does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kalm Waters specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kalm Waters spokespersons, and their views do not necessarily reflect those of Kalm Waters.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use OssipeeLakeCabin.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Kalm Waters that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, including impersonation or misrepresentation or promotion of yours or a third party’s content. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Links to Third Party Sites & Services
OssipeeLakeCabin.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kalm Waters and Kalm Waters 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. Kalm Waters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kalm Waters of the site or any association with its operators.
Certain services made available via OssipeeLakeCabin.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the OssipeeLakeCabin.com domain, you hereby acknowledge and consent that Kalm Waters may share such information and data with any third party with whom Kalm Waters has a contractual relationship to provide the requested product, service or functionality on behalf of OssipeeLakeCabin.com users and customers.
Third Party Accounts
By interacting with any third-party website, application, or account, you acknowledge and agree that you are consenting to the continuous release of information about you to others in accordance with your privacy settings on those third-party sites. If you do not want information about you including personally identifying information to be shared in this manner, do not use them.
Intellectual Property
As between you and Kalm Waters, Kalm Waters and its suppliers owns, solely and exclusively, all rights, title, and interest in and to the Site, all the content including, for example, any copy, photographs, illustrations, graphics, logos, other visuals, video, audio, software, etc., and any code, data, and materials thereon, the look, feel, design, and organization of the Site, as well as the compilation thereof, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
KALM WATERS, KALMELOT, OSSIPEELAKECABIN.COM, THE BEAUTY + SLEEP EQUATION, and other logos, site graphics, page headers, service marks, trade names, and trade dress (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of Kalm Waters and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kalm Waters content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kalm Waters and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kalm Waters or our licensors except as expressly authorized by these Terms.
Materials Submitted to Kalm Waters
Kalm Waters does not claim ownership of the materials you provide to OssipeeLakeCabin.com (including feedback, suggestions, information, creative works, demos, ideas, concepts, methods, systems, designs, plans, techniques or other materials) or post, upload, input or submit to any Kalm Waters Site or our associated Services (collectively “Submissions”). Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, by email, or in any other way. However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Kalm Waters, our affiliated companies and necessary sublicensees a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, reproduce, translate, reformat, modify, edit, adapt, create derivative works from, distribute, transmit, publish, publicly display and perform your Submission in whole or in part in any form, media, or technology now known or later developed; and to publish your name in connection with your Submission. We cannot be responsible for maintaining any Submissions you provide to us, and we may delete or destroy any such material at any time.
No compensation will be paid with respect to the use of your Submission, as provided herein. Kalm Waters is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Kalm Waters’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. All Submissions will be deemed not confidential or secret and may be used by us in any manner consistent with these Terms and our Privacy Policy.
Infringement Notification
We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please mail or email the following information to the Kalm Waters legal agent below:
a) Your name, address, telephone number, and email address;
b) A description of the copyrighted work that you claim has been infringed;
c) The exact URL or a description of where the alleged infringing material is located;
d) 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;
e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Kalm Waters Legal
42 Terrace Avenue
PO Box 992
Naugatuck, CT 06770
legal@ossipeelakecabin.com
Indemnification
You agree to indemnify, defend, and hold harmless Kalm Waters, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorney's fees, relating to or arising out of your use of or inability to use the Site or services therein, any Submissions made by you, your violation of any of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Kalm Waters reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kalm Waters in asserting any available defenses.
Liability Disclaimer
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KALM WATERS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KALM WATERS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KALM WATERS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KALM WATERS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KALM WATERS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
International Users
The Site is controlled, operated and administered by Kalm Waters from our offices within the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws, if and to the extent local laws are applicable. You agree that you will not use any Kalm Waters content accessed through OssipeeLakeCabin.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. All parties to these Terms waive their respective rights to a trial by jury.
Access Termination
Kalm Waters reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kalm Waters as a result of this agreement or use of the Site. Kalm Waters’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kalm Waters’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kalm Waters with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kalm Waters with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kalm Waters with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Kalm Waters reserves the right, in its sole discretion, to change the Terms under which OssipeeLakeCabin.com is offered. The most current version of the Terms will supersede all previous versions. Kalm Waters encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Kalm Waters welcomes your questions or comments regarding the Terms:
Kalm Waters LLC
26 Bank Street
Lebanon, NH 03766
kalmwaters@ossipeelakecabin.com
+1 (347) 746-2597
Kalm Waters Legal
42 Terrace Avenue
PO Box 992
Naugatuck, CT 06770
legal@ossipeelakecabin.com
Updated January 01, 2024