Terms of Use

1. Who can use the Site

You may browse the Site if you can lawfully form a contract under the laws of your jurisdiction. To sponsor a brick, contribute to the Preservation Fund, reserve the loft, register as a vendor, or otherwise enter into any paid transaction with us, you must be at least eighteen (18) years old. The Site is not directed to children under thirteen (13), and we do not knowingly collect information from children under thirteen. If you are under thirteen, please do not use the Site.

2. What the Site is

The Goodrich is a privately owned historic site — a 1919 grain elevator in Farmland, Indiana, on the National Register of Historic Places, undergoing phased restoration. The Site provides information about the building and its history, accepts contributions to the Brick Legacy Initiative and the Preservation Fund, supports private bookings of the restored loft, and supports vendor registrations for events held on the property. The Goodrich Mill, LLC is a for-profit Indiana limited liability company. Contributions and brick sponsorships are not tax deductible.

We may add, change, suspend, or remove features of the Site at any time, with or without notice, and we are not responsible for any consequence of doing so.

3. Your account and submissions

The Site allows you to submit content in several places — including, but not limited to, the engraving text for a sponsored brick, contact messages, vendor registrations, and reservation requests (each, a "Submission"). You are solely responsible for your Submissions and for ensuring that you have the right to submit them.

By making a Submission, you represent and warrant that: (a) you own or have all rights and permissions necessary to submit it; (b) it does not infringe any third party's intellectual property, privacy, publicity, or other rights; (c) it is not defamatory, threatening, harassing, obscene, or unlawful; and (d) it does not include the name, image, likeness, or personal information of any third party without that party's authorization.

You grant The Goodrich Mill, LLC a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, modify, and create derivative works of your Submissions in connection with the Site, the restored building, the Brick Legacy Initiative, and our promotional materials. For engraved bricks installed in The Trackside Patio, this license is necessary so that your brick may remain permanently in place once set. We may decline, edit, delay, or remove any Submission at our sole discretion, and we are not obligated to publish, install, or retain any Submission. If we decline a Submission, we will refund the corresponding sponsorship amount minus payment processor fees, except where the decline is the result of your breach of these Terms (in which case no refund is owed).

We do not pre-screen all Submissions. We do not endorse, and are not responsible for, the content of Submissions made by visitors. Where Submissions are displayed publicly, we act as a distributor of third-party content within the meaning of Section 230 of the federal Communications Decency Act (47 U.S.C. § 230).

4. Acceptable use

You agree that you will not, and will not attempt to:

• Use the Site for any unlawful purpose, in violation of any applicable law, or in violation of any third party's rights;
• Harass, stalk, threaten, intimidate, defame, or target any individual through the Site — including the operators, their family members, our employees and contractors, vendors, sponsors, donors, or any third party named on or in connection with the Site;
• Submit content designed to mock, demean, defame, or attack any person, organization, or community — including via the Brick Legacy Initiative, the Preservation Fund, contact channels, or any other Submission form;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Submit knowingly false information, including knowingly false complaints intended to provoke regulatory action against the operators;
• Engage in automated probing, scraping, scanning, crawling, or reconnaissance of the Site, its admin pages, its non-public endpoints, or its infrastructure, except by good-faith search-engine indexing of public pages that respects robots.txt;
• Bypass, attempt to bypass, or test the limits of any security measure, access control, rate limit, or filter on the Site;
• Introduce any virus, trojan, worm, time bomb, denial-of-service traffic, or other malicious code or material;
• Interfere with the operation of the Site, any user's enjoyment of the Site, or our hosting providers' infrastructure;
• Use the Site to send unsolicited communications, advertisements, or promotional material;
• Use the Site or any content posted on the Site to harass, defame, surveil, or target the operators or any other individual; or
• Assist any other person in doing any of the foregoing.

We may refuse service, remove any Submission, suspend or terminate your access to the Site, and block your IP address or device, at any time, for any reason or for no reason, with or without notice. We are not required to provide a reason for any such action.

Nothing in these Terms restricts your right to leave a truthful review of The Goodrich Mill, LLC or our services. We respect the federal Consumer Review Fairness Act of 2016 (15 U.S.C. § 45b) and do not prohibit honest reviews.

5. Abuse, harassment, and course-of-conduct activity

We take seriously any attempt to use the Site as an instrument of harassment. The following sections describe how we treat behavior that crosses that line.

Course of conduct

Behavior that, taken together with other behavior, evidences a course of conduct of harassment, stalking, or intimidation — including but not limited to repeated visits inconsistent with normal use, repeated Submissions, coordinated complaint campaigns, surveillance-style monitoring of pages mentioning specific individuals, or attempts to weaponize the Site's submission forms — will be treated as a material breach of these Terms. Such behavior may also be unlawful under Indiana Code § 35-45-2-2 (harassment), Indiana Code § 35-45-10-1 et seq. (stalking and intimidation), Indiana Code § 35-43-1-4.5 (computer trespass), or other applicable law. We may, at our discretion, report such behavior to law enforcement and provide any preserved evidence to law enforcement, courts, our counsel, or other parties as we determine necessary.

Evidence preservation

You acknowledge and consent that, as part of operating and securing the Site, we collect and preserve information about every visit and Submission, including: IP address; approximate geographic location and timezone; browser and device characteristics; a per-browser session identifier stored in a first-party cookie; the path requested; the referring URL; full timestamp; and the full content of every Submission, including incomplete and rejected Submissions. These records are protected by cryptographic integrity controls intended to make retroactive alteration detectable. Details of what we collect and how we use it are described in our Privacy Policy. By using the Site, you consent to this collection and to the use of these records as evidence in any civil, criminal, regulatory, or administrative proceeding.

Remedies

If you breach Section 4 or this Section 5, you agree that:

1. We may immediately and permanently revoke your access to the Site without refund or notice;
2. We may seek injunctive or other equitable relief in addition to any other remedy, and you acknowledge that breach of Section 4 or Section 5 may cause irreparable harm for which monetary damages alone are inadequate;
3. For each Submission, automated request, or other discrete act that we determine in good faith constitutes a breach of Section 4 or Section 5, you agree to pay liquidated damages of one thousand dollars ($1,000), capped at an aggregate total of twenty-five thousand dollars ($25,000). The parties agree that this amount is a reasonable estimate of damages that are difficult to calculate, and is not a penalty;
4. If we prevail in any action to enforce Section 4 or Section 5, you will reimburse us for our reasonable attorneys' fees and costs;
5. You waive any right to trial by jury in any such action.

Nothing in this Section limits our ability to pursue any other remedy available at law or in equity, or limits any criminal investigation by competent authorities. We do not, and cannot, file criminal charges; that decision belongs to the relevant prosecuting authority.

6. Intellectual property

The Site's design, photographs, illustrations, text (other than user Submissions), graphics, logos, and the names "The Goodrich" and "The Goodrich Mill" are owned by The Goodrich Mill, LLC, our licensors, or our partners, and are protected by copyright, trademark, and other intellectual-property laws. You may view and share the public pages of the Site for personal, non-commercial purposes. You may not reproduce, modify, distribute, sell, or commercially exploit any part of the Site without our prior written permission, except for fair use as defined by applicable law.

If you believe content on the Site infringes your copyright, send written notice to thegoodrichmill@gmail.com with: (i) a description of the copyrighted work you claim has been infringed; (ii) a description of where the allegedly infringing material is located on the Site; (iii) your contact information; (iv) a statement that you have a good-faith belief that the disputed use is not authorized; (v) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and (vi) your physical or electronic signature. We will respond to properly-formed notices in accordance with the Digital Millennium Copyright Act.

7. Third-party services and links

The Site uses or links to third-party services, including Netlify (hosting), Supabase (database and authentication), Stripe and PayPal (payments), Kairvio (loft reservations), Resend (transactional email), Plausible Analytics (privacy-respecting analytics), and others. These services are operated by independent companies subject to their own terms and privacy practices, which you should review separately. We are not responsible for the availability, accuracy, content, products, or services of any third-party service or any website to which the Site links.

8. Disclaimers

The Site, including all content, features, and Submissions, is provided "as is" and "as available," without any warranty of any kind, express or implied, except where such disclaimer is prohibited by applicable law. To the maximum extent permitted by law, we disclaim all warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and quiet enjoyment.

Historical information presented on the Site reflects our good-faith research and the records available to us. While we strive for accuracy, we do not warrant that any historical statement is complete, current, or free of error. The Site's availability is not guaranteed; outages, errors, and changes may occur without notice.

Some jurisdictions do not allow the disclaimer of certain implied warranties. In those jurisdictions, the disclaimers in this section apply only to the maximum extent permitted by law.

9. Limitation of liability

To the maximum extent permitted by applicable law, and except for liability that cannot be limited or excluded by law:

1. The Goodrich Mill, LLC, its members, managers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of the Site, even if advised of the possibility of such damages;
2. Our aggregate liability to you for any and all claims arising out of or relating to the Site or these Terms will not exceed the greater of (a) the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).

These limitations do not apply to liability for our gross negligence, willful misconduct, fraud, or any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the limitation of certain damages; in those jurisdictions, the limitations above apply only to the maximum extent permitted by law.

10. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless The Goodrich Mill, LLC and its members, managers, employees, contractors, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to or use of the Site; (ii) your Submissions; (iii) your breach of these Terms; or (iv) your violation of any law or the rights of any third party. We will provide reasonable notice of any such claim and will cooperate in the defense; we reserve the right to assume the exclusive defense of any claim, in which case you agree to cooperate with us. This indemnification does not apply to claims arising from our own gross negligence, willful misconduct, or fraud.

11. Termination

We may suspend or terminate your access to the Site, in whole or in part, at any time, with or without notice, and with or without cause. Sections 3 (Your account and submissions), 4 (Acceptable use), 5 (Abuse, harassment, and course-of-conduct activity), 6 (Intellectual property), 8 (Disclaimers), 9 (Limitation of liability), 10 (Indemnification), 12 (Disputes), and 14 (Miscellaneous) survive any termination of your access.

12. Disputes, governing law, and venue

Notice and good-faith negotiation. Before initiating any legal action arising out of or relating to these Terms or the Site, you agree to first send written notice describing the dispute and the relief sought to thegoodrichmill@gmail.com, and to negotiate in good faith for at least thirty (30) days to resolve the dispute. This requirement does not apply to actions for emergency injunctive relief.

Governing law. These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Indiana, without regard to its conflict-of-laws principles, except where applicable consumer-protection laws of your jurisdiction require otherwise.

Venue. You and we agree that any action arising out of or relating to these Terms or the Site shall be brought exclusively in the state courts located in Randolph County, Indiana, or, where applicable, in the federal courts of the Southern District of Indiana, and you consent to personal jurisdiction in those courts.

Jury trial waiver. To the maximum extent permitted by law, you and we each waive any right to a trial by jury in any action arising out of or relating to these Terms or the Site.

Time limit. Any action arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, except where a longer period is required by applicable law.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. If we make material changes, we will provide reasonable advance notice — for example, by posting a notice on the home page or by sending email to addresses we hold on file. Changes apply prospectively only and do not affect rights or obligations that arose before the change took effect. Your continued use of the Site after a change becomes effective constitutes acceptance of the updated Terms.

14. Miscellaneous

Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous agreements, communications, and proposals on the subject.

Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if not possible, severed; the remaining provisions remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a sale, merger, reorganization, or transfer of all or part of our business or assets.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, fire, flood, severe weather, infrastructure outage, government action, or acts of third parties.

Relationship. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and us.

No third-party beneficiaries. These Terms are for the benefit of you and us only. No third party has any rights under these Terms.

Headings. Section headings are for convenience only and do not affect interpretation.

15. Contact

Questions about these Terms — or notices required under them — should be sent to thegoodrichmill@gmail.com.