Hearth Hospitality Stays

Website Terms of Service

Effective: September 1, 2023

Thank you for your interest in Hearth Hospitality! These Terms of Service apply to your access to and use of any websites, mobile applications, and other online products and services that are provided by Hearth Hospitality LLC or our subsidiaries, parents, or affiliates ("HH," "we," or "us"), in addition to any third-party web platforms or downloadable software applications which you use to access such websites or services (collectively, our "Site").

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates, for products, services, or otherwise. If you make a booking at one of our HH Properties with us via our Site, these Terms also include our Booking Policies and any other agreements between us. By using our Site, you agree to these Terms of Service. Our Privacy Policy explains how we collect and use personal information you provide to us while using the Site.

1. Access to the Site

In connection with your use of the Site, you are responsible for making all arrangements necessary for you to have access to the Site, and for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them. You must be at least 18 years of age to access the Site. If you use the Site on behalf of another person or entity, you must have the authority to accept these Terms of Service on their behalf. You must provide accurate and complete information when requested on the Site.

2. Access Restrictions

We grant you a non-exclusive right to use the Site and all content contained on it in accordance with these Terms of Service. You will comply with these Terms and all applicable laws. We have the right to disable your access to the Site at any time, including if, in our opinion, you have violated any provision of these Terms. You specifically agree not to use the Site in any way that violates any law or regulation, to access services in violation of intellectual property rights, or to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Site. You are also prohibited from violating or attempting to violate any security features of the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

3. Content

We and our affiliates own all rights, title, and interest in and to the Site and all content on it, other than your content and Third-Party Content. If you provide any information, material, or content through the Site, we may use it without restriction or compensation to you, as further described in our Privacy Policy. We may provide information about, or allow third parties to make available, Third-Party Content as a service; your dealings with third parties and your use of Third-Party Content are solely between you and the third party, and are at your own risk. We may use third-party web hosting and payment services, including Google Analytics, Mews, Ascend Marketing, and Wix Analytics, to facilitate orders and payments made through the Site. "HEARTH HOSPITALITY", "HEARTH HOSPITALITY STAYS", "HEARTH HOSPITALITY", our company name, our HH Property names, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors, and must not be used without our prior written permission.

4. Fees and Payment

Booking services offered through the Site are available only with purchase. You will pay all fees charged to you or which you agree to purchase according to the prices and terms on the Site. We have the right to correct pricing errors even after a confirmation or payment. You must provide complete and accurate billing information and a valid, authorized payment method, and you authorize us and our payment processors to charge that method for all fees. Fees are payable in U.S. dollars and are due upon invoice issuance, and do not include applicable taxes. To dispute any fees or taxes, contact stays@hearthhomes.com within thirty (30) days of the disputed invoice; undisputed past-due amounts may be subject to a finance charge of 5% of the unpaid balance per month. Certain products or services may be subject to additional terms communicated to you in writing.

5. Term and Termination

These Terms of Service take effect when you first use the Site and remain in effect until terminated. If we make changes, we will provide notice, such as by posting a notice on our Site and/or updating the effective date above; your continued use following changes confirms your acceptance. It is your responsibility to review these Terms periodically, and if you find them unacceptable you must immediately leave and cease all use of the Site. We reserve the right to withdraw or amend the Site and any service or material we provide, in our sole discretion without notice, and will not be liable if all or any part of the Site is unavailable at any time.

6. Indemnification, Disclaimer of Warranties, and Limitation of Liability

You agree to indemnify, defend, and hold us and our affiliates and our and their officers, directors, employees, consultants, agents, and representatives harmless from any and all third-party claims, losses, liability, damages, and costs (including reasonable attorney fees) arising from your access to or use of the Site, your violation of these Terms, or your infringement of any right of any person or entity. WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES. WE ARE MAKING THE SITE AND ANY PRODUCT OR SERVICES AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, AND OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES THAT GAVE RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. Dispute Resolution Procedures

If you have any dispute with us, you agree that before taking any formal action you will contact us at stays@hearthhomes.com with a brief written description of the dispute and your contact information. Except as noted, disputes shall be settled by binding arbitration administered through a reputable arbitration association such as the American Arbitration Association, and arbitrated in Santa Barbara County, California. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You have the right to opt out of the arbitration and class-action-waiver provisions by sending written notice to stays@hearthhomes.com within thirty (30) days of the later of the most recent date of these Terms or the first date you used the Site containing this version. These dispute procedures shall be your sole remedy in the event of a dispute regarding any aspect of the Site.

9. General Provisions

Alleged Copyright Infringement: we have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site, and a policy providing for the immediate suspension and/or termination of any user found to have infringed our rights or those of a third party. To report infringement, provide the required information to our designated agent by email at stays@hearthhomes.com. Severability or Waiver of Certain Terms: if any term is found unenforceable, all other terms remain in full force and effect, and no waiver is effective unless made in writing and signed by an authorized representative. United States Use Only: we make no representation that the materials or services are available or appropriate for use outside the United States. Binding Agreement: these Terms of Service, and all agreements and policies incorporated by reference, constitute the final, complete, and exclusive statement of the agreement between you and us, and supersede all prior understandings. You may not assign or delegate any rights or obligations under these Terms; we may assign these Terms in connection with a merger, acquisition, or sale of assets, or to any affiliate or as part of a corporate reorganization.