This Terms of
Service Agreement ("Agreement") is made between Tree House Getaways,
LLC, a
ACCEPTANCE OF TERMS
Welcome to the Tree House Getaways,
LLC (Tree House Getaways) Web site. Tree House Getaways provides its service to
you, subject to the following Agreement, which may be updated by us from time
to time without notice to you. You can review the most current version of this
Agreement at any time at http://www.treehousegetaways.com/terms.html.
In addition, when using particular Services (as hereinafter defined),
you and Tree House Getaways shall be subject to any guidelines or rules
applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into this
Agreement.
DESCRIPTION OF SERVICE
Tree House Getaways website
currently provides users with access to online reservations, links to other Web
sites, and descriptions of upcoming events and services (“Services”). You
understand and agree that the Services may include advertisements and that
these advertisements are necessary for Tree House Getaways to provide the
Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the
release of new Tree House Getaways properties, shall be subject to this
Agreement. YOU UNDERSTAND AND AGREE THAT TREE HOUSE GETAWAYS PROVIDES THE
SERVICES ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. YOU ALSO UNDERSTAND AND AGREE THAT TREE HOUSE GETAWAYS ASSUMES NO RESPONSIBILITY
FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER
COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU EXPRESSLY AGREE THAT THE USE OF
THE SERVICES IS AT YOUR SOLE RISK.
At the Tree House Getaways retreat,
the services provided for you included in the reservation fee are five meals,
lodging, four-feet workspace, snacks, non-alcoholic
beverages. If your diet requires special
meals, then Tree House Getaways will accommodate those needs as best as
possible upon notification at time of registration. Tree House Getaways is not
able to accommodate private sleeping quarters and bathrooms for each guest. All
guests will have a twin bed assigned to them and will share bathrooms with
other guests. The Tree House Getaways hostess will try to keep small groups
together in the shared bedrooms. However, it may be necessary to split up
groups due to the locations of the beds. If you have special requests on
sleeping arrangements, we ask that you make a note of that request on the
registration form.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form
("Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete, or Tree House Getaways has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
Tree House Getaways has the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof). Tree House Getaways is concerned about the safety and privacy of all
its users, particularly children. For this reason, children under the age of 18
will not be allowed to make reservations in the name of the child. When you
complete the reservations form for Tree House Getaways, you certify by agreeing
to be bound to the terms and conditions set forth in this Agreement that you
are at least 18 years old and female. Due to shared sleeping quarters, only
female guests are allowed unless specifically stated otherwise by Tree House
Getaways. Female minors under the age of 18 will be allowed to attend Tree
House Getaways retreat weekends during special events under the supervision of
a female adult who is also a paid guest. The reservation for the minor and
adult over 18 years old must be made by the adult. Please remember that the
Services are designed to appeal to a specific audience. Accordingly, as the
legal guardian, it is your responsibility to determine whether any of the
Services and/or Content (as defined in Section 14 below) are appropriate for
your child, and verify and certify the accurateness of the Registration Data.
RESERVATION DEPOSIT
A $50.00 non-refundable
deposit is required to
hold your weekend date. Your deposit is required at the time of reservation. If
you are not willing to provide your credit card information over the secured,
Web site of Tree House Getaways, then please contact us for other payment
options. Your reservation will not be reserved until payment is received. In
the event that you qualify for the group discount (six or more people in your
reservation), then you will receive your discount at the time of checkout. The
discount will not be deducted from the $50.00 non-refundable deposit.
RESERVATION CANCELLATION
If you, for any reason, need to
cancel your reservation at Tree House Getaways, then you are responsible for
the communication of the cancellation and the fees that may be associated with
such cancellation. Your $50.00 deposit, paid at time of original reservation,
will serve as your cancellation fee. Your $50.00 deposit is non-refundable and non-transferable. If you paid in full at the time of the
reservation, you can transfer that amount LESS the $50.00 deposit to another
weekend within 12 months. You may send someone in your place if you are unable
to attend. Please contact us at info@treehousegetaways.com if you will transferring your reservations. (See Item TRANSFER OF RESERVATION TO OTHER
PEOPLE for more information on avoiding these fees.)
TRANSFER OF RESERVATION TO OTHER
PEOPLE
You may avoid the postponement and
cancellation fees if you transfer your reservation to someone else and notify
Tree House Getaways of the change on a timely basis. You will be responsible
for receiving reimbursement directly from the new party.
TRANSFER DUE TO BAD WEATHER
Tree House Getaways will attempt to
notify all guests in advance of retreat date if we should have to cancel a
weekend due to bad weather. We will post on our Home Page notice of
cancellation for the convenience of our guests. If a weekend is cancelled due
to bad weather, we will handle refunds and reschedules on a person by person
basis. Tree House Getaways will make commercially reasonable efforts to satisfy
the individual needs of our guests.
GIFT CERTIFICATES
Gift certificates will be honored
for 12 months from the date of issuance. Payments for gift certificates are not
refundable, and gift certificates cannot be redeemed for cash or credit. Gift
Certificates can only be used toward the weekend retreat reservation costs.
Gift Certificates may be purchased on the Site or by contacting Maureen Paruta or
MERCHANDISE PURCHASED
Merchandise purchased from Tree
House Getaways whether from the on-site store or via the Site,
may be refunded or replaced if it is not to your satisfaction. Tree House
Getaways will not reimburse shipping charges from the shipment or return, and
we will request a copy of the receipt.
PAYMENT
The payment for your unpaid retreat
fee, if applicable, and supplies are due at check-out. You will receive one
bill for the remainder of the retreat fee and supplies. Supplies will be
subject to tax at the current
TREE HOUSE GETAWAYS PRIVACY
POLICY
Registration Data and certain other
information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at http://www.treehousegetaways/privacy.html.
MEMBER CONDUCT
You understand that all
information, data, text, photographs, graphics or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not Tree House Getaways, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via
the Services. Tree House Getaways does not control the Content posted via the
Services and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. You agree that under no
circumstances will Tree House Getaways be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Services.
You agree to not use the Services
to:
a. upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b.
harm minors in any way;
c. impersonate any person or entity,
including, but not limited to, a Tree House Getaways official, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Services;
e. upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make available 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);
f. upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise
make available 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;
i. interfere
with or disrupt the Services or servers or networks connected to the Services,
or disobey any requirements, procedures, policies or regulations of networks
connected to the Services;
j.
collect or store personal data about other users.
You acknowledge that Tree House
Getaways does not pre-screen Content, but that Tree House Getaways and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Tree House Getaways and its designees shall
have the right to remove any Content that violates this Agreement or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Tree House Getaways
or submitted to Tree House Getaways in all parts of the Services.
You acknowledge and agree that Tree
House Getaways may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce this Agreement; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal
safety of Tree House Getaways, its users and the public.
You understand that the technical
processing and transmission of the Services, including your Content, may
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
MEMBER CONDUCT AT THE RETREAT
As a guest at Tree House Getaways,
you are expected to behave in a responsible manner. Tree House Getaways
reserves the right to ask you to leave the retreat at any time if you are
behaving in a way that severely disrupts the other guests, harms yourself or
others, steals from Tree House Getaways or another guest, uses loud, vulgar
language, or any other behavior that the Tree House Getaways hostess feels is
inappropriate and is not corrected.
SPA SERVICES
Guests at Tree House Getaways have the
option to reserve spa services which are provided by a third party. Spa service
providers are not employees of Tree House Getaways and will be paid directly at
the time of service. Payment methods include cash or check. At least two guests
must request spa services on any given weekend for the spa service provider to
come to Tree House Getaways. If there is not three or more guests signed up for
spa services two weeks prior to the weekend retreat date, then the spa service
provider will be cancelled.
SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the
CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON THE SERVICE
Tree House Getaways does not claim
ownership of Content you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available for inclusion on
publicly accessible areas of the Service, you grant Tree House Getaways the
following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit
or make available for inclusion on publicly accessible areas, the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of providing and
promoting the specific Services to which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Services and will terminate at the time you remove
or Tree House Getaways removes such Content from the Service.
With respect to photos or graphics
you submit or make available for inclusion on publicly accessible area of the
Services, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content solely for the purpose for which such
Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content and will terminate at the time
you remove or Tree House Getaways removes such Content from the Services.
With respect to Content other than
photos or graphics you submit or make available for inclusion on publicly
accessible areas of the Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas
of the Services are those areas of the Tree House Getaways network of
properties that are intended by Tree House Getaways to be available to the
general public.
INDEMNITY
You agree to indemnify, defend and
hold Tree House Getaways, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from and against any
claim, action, cause, debt, damage, liability or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of or relating
to: (a) Content you submit, post, transmit or make available through the
Services, (b) your use of the Services, (c) your connection to the Services,
(d) your violation of this Agreement, (e) any libelous, slanderous, indecent or
other statement concerning any person made or republished by you, or (f) your
violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Services, use of the Services, or access to the Services.
GENERAL PRACTICES REGARDING USE
AND STORAGE
You acknowledge that Tree House
Getaways may establish general practices and limits concerning use of the
Services, including without limitation the maximum number of days that online
shopping carts or uploaded Content will be retained by the Services, the
maximum size of any email message that may be sent from the Services, the
maximum disk space that will be allotted on Tree House Getaways's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Services in a given period of time. You
agree that Tree House Getaways has no responsibility or liability for the
deletion or failure to store any shopping cart or Content maintained or
transmitted by the Services. You acknowledge that Tree House Getaways reserves
the right to log off accounts that are inactive for an extended period of time.
You further acknowledge that Tree House Getaways reserves the right to change
these general practices and limits at any time, in its sole discretion, with or
without notice.
MODIFICATIONS TO SERVICE
Tree House Getaways reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Services (or any part thereof) with or without notice. You
agree that Tree House Getaways shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Services.
TERMINATION
You agree that Tree House Getaways,
in its sole discretion, may terminate your account (or any part thereof) or use
of the Services, and remove and discard any Content within the Services, for
any reason, including, without limitation, for lack of use or if Tree House
Getaways believes that you have violated or acted inconsistently with the
letter or spirit of this Agreement. Tree House Getaways may also in its sole
discretion and at any time discontinue providing the Services, or any part
thereof, with or without notice. You agree that any termination of your access
to the Services under any provision of this Agreement may be effected without
prior notice, and acknowledge and agree that Tree House Getaways may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Services. Further, you agree that Tree House Getaways shall not be liable to
you or any third-party for any termination of your access to the Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that Tree House Getaways shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Services.
LINKS
The Services may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because
Tree House Getaways has no control over such sites and resources, you
acknowledge and agree that Tree House Getaways is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Tree House Getaways shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
TREE HOUSE GETAWAYS'S
PROPRIETARY RIGHTS
You acknowledge and agree that the
Services and any necessary software used in connection with the Services
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Services or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Tree House Getaways or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Services or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE
RISK. THE SERVICES a PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TREE HOUSE GETAWAYS EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. TREE HOUSE GETAWAYS MAKES NO WARRANTY THAT
(i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM TREE HOUSE GETAWAYS OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT TREE HOUSE GETAWAYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF TREE HOUSE GETAWAYS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
GOVERNING LAW; VENUE
This Agreement shall be governed by
and construed in accordance with the laws of the State of
NOTICE
Notices to you may be made via
either email or regular mail. The Services may also provide notices of changes
to this Agreement or other matters by displaying notices or links to notices to
you generally on the Services.
TRADEMARK INFORMATION
All Tree House Getaways logos and
product and service names are trademarks of Tree House Getaways (the "Tree
House Getaways Marks"). Without Tree House Getaways's
prior written permission, which Tree House Getaways may or may not grant in its
sole and absolute discretion, you agree not to display or use in any manner,
the Tree House Getaways Marks.
GENERAL INFORMATION
The Agreement constitutes the
entire agreement between you and Tree House Getaways and govern
your use of the Services, superceding any prior
agreements between you and Tree House Getaways. You also may be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The failure of Tree House Getaways
to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Services or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever barred. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect.
VIOLATIONS
Please report any violations of the
this Agreement to Maureen Paruta
or