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Terms and Conditions

PLEASE READ THESE BINDING LEGAL TERMS CAREFULLY BEFORE USING THIS WEBSITE AND MAKING A RESERVATION
  1. Agreement to Terms

    These Terms and Conditions ("Terms") govern and apply in full force and effect to your use of the www.whiteelephantnantucket.com website, including all pages within this website (collectively referred to herein as "Website") and by accessing, using, viewing, transmitting, caching or storing this Website or any of its services, functions, materials, or contents, you shall be deemed to have agreed to each and all terms, conditions, and notices on this Website without modification. Certain terms, including but not limited to the arbitration clause and class action waiver clause, may restrict your rights to bring a claim in a court of law. You must not use this Website, if you have any objections to any of these Website Terms or if you do not agree with and to these Terms. If you do not agree with these Terms, please leave this Website immediately.

  2. Agreement for Use

    You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Website in accordance with all Terms herein. You agree to be financially responsible for all of your use of this Website as well as for use of your account by others, including without limitation minors. You agree to supervise all usage by minors of this Website under your name or account. You also warrant that all information supplied by you or members of your household in using this Website is true and accurate. You agree that the reservations facilities of this Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Website may result in you being denied access to such facilities.

    For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website.

  3. Wireless Reservations and Use

    Functionality is not guaranteed with all types of mobile devices in using this Website. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.

  4. Currency

    Room rates are guaranteed only in Omee Corporation doing business as White Elephant Nantucket' (collectively referred to herein as "White Elephant Nantucket") local currency.

  5. Reservation and Refund Policy

    1. Cancelation Policy

      Reservations must be canceled at least 30 days prior ot arrival with a 10% cancellation fee. 

    2. Deposit Policy

      For stays of one or two nights, the full amount of the stay is due a t the time of booking. For stay of 3 nights or more, booked before 30 days prior to arrival date, half of the total stay is due at time of booking. All reservations booked within 30 days of arrival are required to pay in full at the time of booking.

    3. Group Reservations (10 or more rooms)

      For group reservations of 10 or more rooms, one night's room rate plus tax will be charged at the time the reservation is made as a deposit to guarantee the reservation of the rooms. The remaining outstanding amount must be paid upon check-in. White Elephant Nantucket will issue a full refund and not charge any fees for any group reservations that are cancelled at least 30 calendar days prior to the scheduled arrival. Any cancellation and/or modification of a group reservation within 30 calendar days of the scheduled arrival will result in a charge of one night's room rate plus tax per reserved room.

    4. Terms & Conditions

      For the most up to date information surrounding Covid-19, please see the following link https://www.whiteelephantresorts.com/covid-19-update
  6. Customer Information

    You agree to provide current, complete and accurate information for all reservations made through the Website. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that White Elephant Nantucket can complete your transactions and contact you as needed. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

  7. Image Display

    White Elephant Nantucket has made every effort to display as accurately as possible the colors and images of its services and products on the Website. White Elephant Nantucket cannot guarantee that your computer monitor's display of any color will be accurate.

  8. Errors, Inaccuracies and Omissions

    Occasionally there may be information on this Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. White Elephant Nantucket reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your reservation). White Elephant Nantucket undertakes no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law.

  9. Ownership of Materials and Intellectual Property Rights

    This Website and the materials contained therein reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights and intellectual property of White Elephant Nantucket and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of White Elephant Nantucket and/or other parties is granted to or conferred upon you. You are granted a limited, non-transferable, revocable license only, subject to the restrictions in these Terms, for purposes of viewing the materials contained on this Website for your personal use only.

    All contents of this Website are protected by United States and international copyright laws. No materials on this Website may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not use the materials on this Website for anything other than personal informational purposes. The use of any materials from the Website on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any White Elephant Nantucket trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information. Trademarks owned by White Elephant Nantucket may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.

  10. Prohibited Conduct

    You may not interfere with the content or functioning of this Website. You are expressly restricted and prohibited from all of the following:

    1. Copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of White Elephant Nantucket
    2. Interfere or disrupt networks connected to the Website
    3. Use or attempt to use any device, software or routine which interferes with the proper functioning of the Website or any transactions being offered through the Website
    4. Transmit files, data or other materials containing a computer virus, corrupted data, worms, "Trojan horses" or other instructions or design that would erase data or programming or cause the Website or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed
    5. Deliver any communication to or through the Website which violates any local, state, federal or international law
    6. Deliver any communication to or through the Website that contains defamatory, libelous, abusive or obscene material
    7. Deliver any communication to or through the Website that will infringe upon the rights of any third party;
    8. Publishing any Website material in any media;
    9. Selling, sublicensing, and/or otherwise commercializing any Website material;
    10. Publicly performing and/or showing any Website material;
    11. Using this Website in any way that is, or may be, damaging to this Website;
    12. Using this Website in any way that impacts user access to this Website;
    13. Using this Website contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the Website, or to any person or business entity;
    14. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
    15. Using this Website to engage in any advertising or marketing.

    White Elephant Nantucket may restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

  11. User Comments, Feedback and Other Submissions

    If, at our request, you send certain specific submissions (for example contest entries) or, without a request from White Elephant Nantucket, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that White Elephant Nantucket may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. White Elephant Nantucket is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.White Elephant Nantucket may, but has no obligation to, monitor, edit or remove content that White Elephant Nantucket determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

    You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead White Elephant Nantucket or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.White Elephant Nantucket takes no responsibility and assumes no liability for any Comments posted by you or any third party. Additionally, you will indemnify White Elephant Nantucket under Section 15 below.

  12. Copyright Policy

    The White Elephant Nantucket respects the copyright rights of others and has adopted and implemented a policy that provides for (a) the removal of content from this Website under appropriate circumstances, and (b) the suspension or termination of account holders or subscribers who repeatedly infringe the copyright rights of others. If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact theWhite Elephant Nantucket and provide the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed;
    • 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;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party's physical address, email address, and telephone number);
    • A statement that the complaining party has a good faith belief that use of the material is unauthorized; and,
    • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notifications of claimed infringement should be directed to the White Elephant Nantucket as follows:
    White Elephant Nantucket
    1140 West Katella Avenue
    Anaheim, CA 92802
    (714) 635-8070
    inquiries@whiteelephantnantucket.com

    Parties submitting content to the Website should be aware that the White Elephant Nantucket reserves the right to suspend or terminate their subscriptions or accounts in the event that the White Elephant Nantucket determines, in its sole discretion, that they have engaged in copyright infringement.

  13. Disclaimer and No Warranties

    This Website is provided "as is," and theWhite Elephant Nantucket makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. While we try to maintain current information, we do not guarantee the currency, accuracy or completeness of the information. The White Elephant Nantucket denies responsibility or liability for damages which may result from your access to or use of information on this Website.

    While some links on our website may lead you to other sites, the White Elephant Nantucket does not endorse those sites or approve their content. The White Elephant Nantucket does not have control over those sites, is not responsible for their content, and does not verify or warrant the information on them. The White Elephant Nantucket provides such links solely as a convenience to you and for informational purposes only. If you go to such third-party sites, you assume any risk of doing so and you will be subject to the terms, conditions of use and privacy policies of the third-party sites. Other websites may include links to this Website. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Website.

  14. Limitation of Liability

    In no event shall the White Elephant Nantucket, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the White Elephant Nantucket, including its officers, directors and employees, shall not be liable for any indirect, consequential or special damages, including but not limited to loss of profits or data, arising out of or in any way related to your use of this Website.

  15. Indemnification

    You agree to indemnify the White Elephant Nantucket to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorneys' fees and costs) arising out of or in any way related to your breach of any of the provisions of these Terms.

  16. Arbitration and Class Action Waiver

    Except with respect to any claim or dispute involving the ownership, validity or use of any of  White Elephant Nantucket' trademarks or service marks, any dispute arising out of or related to these Terms, seeking as relief money damages and/or attorneys' fees or other damages will be submitted for arbitration to the American Arbitration Association (AAA). The White Elephant Nantucket shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.

    The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Orange County, California and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and the White Elephant Nantucket waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and the White Elephant Nantucket waive any right to a jury trial for such disputes.

    In reaching a decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in the arbitration award any relief the arbitrator deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys' fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

    Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

    Any and all claims and actions arising out of or relating to these Terms shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

    You agree that you will not file a class action against the White Elephant Nantucket, or participate in a class action against the White Elephant Nantucket. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against the White Elephant Nantucket.

  17. Severability

    If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  18. Revision of Terms

    The White Elephant Nantucket is permitted to revise these Terms at any time as it sees fit and, by using this Website, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

  19. Assignment

    The White Elephant Nantucket shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without notification or consent required. You, however, are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  20. Entire Agreement and No Waiver

    These Terms, including any legal notices and disclaimers contained on this Website as well as the White Elephant Nantucket' Privacy Policy, which can be found under https://www.whiteelephantnantucket.com/privacy-policy, constitute the entire agreement between the White Elephant Nantucket and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

    The failure of White Elephant Nantucket to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  21. Governing Law and Jurisdiction

    These Terms will be governed by, construed and enforced in accordance with the laws of the State of California without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the state or federal courts located in the State of California for the County of Orange.

  22. Contact Information

    Questions about these Terms should be sent to us at inquiries@whiteelephantnantucket.com.