Website & App Terms and Conditions

Updated: 6/10/2026

Butternut Basin, Inc. (“Butternut”) provides this website & mobile application to you, subject to the following Terms of Use ("Terms of Use"), which govern your use of our website and mobile application (the “Site”).  Please read these Terms of Use carefully before using our Site. By using our Site, you agree to these Terms of Use. If you do not agree to the Site Terms and Conditions, you should not use our Site or the services we provide on it.

Privacy

By agreeing to the Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated into these Terms of Use. All personal data provided to us as a result of your use of our Site will be handled in accordance with our Privacy Policy. 

Additional Terms and Agreements

We may also require you to follow additional rules or guidelines in order to sign up to use various special features of our Site, to make purchases or reservations on our Site, to participate in certain promotions available through our Site, or for other reasons. In such cases, you may be asked to expressly consent to additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. In addition, certain policies or terms of sale may apply to online purchases or ticket reservations made on our Site, which may deemed accepted when you complete or confirm your purchase or reservation. All additional terms and click-through agreements as described in this paragraph are referred to as “Additional Terms.”

Butternut Content

Our Site contains text, graphics, video, audio, or other content provided by Butternut and such content is protected under applicable intellectual property laws.  Butternut’s Content and related intellectual property rights are the property of Butternut. Butternut grants you permission and license to lawfully access and Site and to display, print, or download one copy of the Butternut Content on any single computer for your personal, noncommercial use only, provided that you (a) do not modify the Butternut Content; (b) you retain any and all copyright and other proprietary notices contained in the Butternut Content; and (c) you do not copy, post, distribute or transmit the Butternut Content on any other website, via any network computer or broadcast the Butternut Content in any media.

You expressly recognize and agree that Butternut trademarks, including our name and logo (the "Butternut Marks") are the sole property of Butternut. You are not authorized to display or use the Butternut Marks or the trademarks, product names, company names, logos, service marks and/or trade dress of any other owners featured on our Site without the prior written permission of the owner.

Content You Submit to the Site

Our Site may provide you with the ability to add, create, upload, submit, distribute, post, or share on or through the Site, content, including without limitation information, website links, opinions, photos, profiles, graphics, videos, and audio clips (“User Content”).

By posting any User Content on the Site, you expressly grant, and represent and warrant that you have the right to grant, to Butternut a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works, and sublicense your User Content in any manner or through any media now known or later developed without any payment to you.  

Butternut may choose, in its sole discretion, to pre-screen, edit, refuse, move or remove any User Content posted to the Site.

Conduct

You agree to not use the Site to:

(a) upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

(b)  engage in or facilitate harassing conduct aimed at any other person or entity;

(c)  harm minors in any way; 

(d)  impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 

(e)  forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; 

(f)  upload, post, e-mail or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

(g) upload, post, e-mail or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

(h) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 

(i) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 

(k) violate any applicable local, state, national or international law, and any regulations having the force of law. 

Copyright Infringement Complaints

Butternut respects the intellectual property of others, and we ask our users to do the same. If you believe that content on the Site infringes your work, or the work of a third party for whom you are authorized to act, please send a notice of the alleged infringement to Butternut’s copyright agent including all of the following information, pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”):

  • An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner; 
  • A description of the work that you claim has been infringed, including the URL, website location, or other identifying characteristics; 
  • Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner); 
  • A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law; 
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement by any of the following:

Butternut Basin, Inc.
Attn: IP Matters
380 State Road
Great Barrington, MA 01230
Phone: 413-528-2000 x110
Email: [email protected]