Web Site Terms of Use

1. License of Use

Nemacolin Woodlands Resort & Spa ("Nemacolin Woodlands") grants you permission to view this Internet web site (hereinafter referred to as the "Site") and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth in this Agreement.

Viewing this Site creates a copy of Nemacolin Woodlands materials in your computer's random access memory and/or on your hard drive and/or on your proxy server. You may download one (1) copy of the materials on this Site on a single computer for your personal, noncommercial use only. This is a Single Copy License of Use, not a transfer of title, and is subject to the following restrictions:

     (a.) You may not modify the materials or use them for any commercial purpose or any other public display, performance, sale, or rental.
     (b.) You may not decompile, reverse engineer, or disassemble software materials.
     (c.) You may not remove any copyright notice or other proprietary notices from the materials.
     (d.) You may not transfer any of the materials to another person.
     (e.) You agree to prevent any unauthorized copying of the materials.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms, and conditions set forth herein. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this Site. Other than this Agreement and Agreements between you and Nemacolin Woodlands relating to the sale of products or services to you through this Site, Nemacolin Woodlands will not enter into any Agreement or obligation, express or implied, with you through this Site.

2. Copyrights and Trademarks

This Site and the materials within it are Copyright 2000 Nemacolin Woodlands Resort & Spa. The trademarks, service marks, and logos (hereinafter the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Nemacolin Woodlands and others. Nothing on this Site should be construed as granting any license or right to use any Trademarks displayed on the Site without the prior written consent of the Trademark's owner. Fair use of Nemacolin Woodlands' Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Nemacolin Woodlands enforces its intellectual property to the fullest extent of the law. The name of Nemacolin Woodlands Resort & Spa, Nemacolin Woodlands "fat bird" logo, and any other Nemacolin Woodlands formatives may not be used in any other way without prior written permission from Nemacolin Woodlands.

3. Links To and From Third Party Sites

Nemacolin Woodlands prohibits the use of any Nemacolin Woodlands Trademarks as part of a hyperlink to or from any Site unless establishment of such a link is approved in advance by Nemacolin Woodlands in writing.

This Site may contain links to Sites owned or operated by parties other than Nemacolin Woodlands. Such links are provided for your reference only. Nemacolin Woodlands does not control outside Sites and is not responsible in any manner for their content.

Nemacolin Woodlands' inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor. Nemacolin Woodlands' inclusion of such links is not an authorization to make use of any trade name; trademark; logo; legal or official seal; copyrighted symbol; or material that may be reflected in the linked Site.

4. Nemacolin Woodlands Information

Nemacolin Woodlands may make employment information available through this Site. Nemacolin Woodlands is an equal opportunity employer. Nemacolin Woodlands provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. Nemacolin Woodlands' policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall, termination, rate of pay, employee benefits, and participation in any and all company-sponsored employee activities.

5. Limits of Liability

The information, material, services, and products included on this Site may include inaccuracies or typographical errors. Nemacolin Woodlands may make changes or improvements to this Site at any time.

The materials on this Site are provided "as is" and without warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. Nemacolin Woodlands disclaims all warranties or merchantability and fitness for a particular purpose. Nemacolin Woodlands does not warrant that the functions contained in the material on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that it resides on will be free of viruses or other harmful components. Nemacolin Woodlands does not warrant or make any representations regarding the use of or the result of the use of the materials in this Site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. Nemacolin Woodlands will not have any liability or responsibility for your action or inaction in connection with this Site or for any damage to your computer or data or any other damage you may incur in connection with this Site. In no event shall Nemacolin Woodlands, its affiliates, or its agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site, the delay or inability to use this Site, or otherwise arising in connection with this Site, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of any such damages. Your use of this Site, including but not limited to the use of any interactive area, is at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.

Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

6. Jurisdiction

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and performed exclusively in Pennsylvania. Any court of competent jurisdiction sitting within Fayette County, Pennsylvania, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement.

This Site is owned and operated by Nemacolin Woodlands, from the Commonwealth of Pennsylvania, United States of America. Nemacolin Woodlands makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

7. General

You agree that Nemacolin Woodlands may, at any time and without notice, change the terms, conditions, and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Nemacolin Woodlands as a result of this Agreement or your use of this Site.

In addition and without prejudice to any other legal or equitable remedies available to Nemacolin Woodlands, Nemacolin Woodlands may terminate this Agreement at any time and for any reason.

Nemacolin Woodlands' performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Nemacolin Woodlands' right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Nemacolin Woodlands with respect to such use.

8. Contacting Us

If you have any questions about this Agreement, you may contact us in any of the following manners:

Postal address:

Nemacolin Woodlands Resort & Spa 1001 LaFayette Drive Farmington, PA 15437

email: Contact Nemacolin Woodlands

Phone: 1.800.422.2736 or 724.329.8555

Although Nemacolin Woodlands will, in most circumstances, be able to receive your email or other information provided through this Site (including, without limitation, service requests or other submissions), Nemacolin Woodlands does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that Internet email typically is not secure.

This Agreement constitutes the entire agreement between you and Nemacolin Woodlands with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nemacolin Woodlands with respect to this Site. No modification of this Agreement shall be effective unless it is authored by Nemacolin Woodlands, or unless it is physically signed in blue ink by a Nemacolin Woodlands officer. Any alleged waiver of any breach of this Agreement shall be deemed a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Nemacolin Woodlands in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Nemacolin Woodlands in printed form.

Copyright © 2000 Nemacolin Woodlands Resort & Spa
All rights reserved.