Terms of Use

  1. INTRODUCTION AND ACCEPTANCE
    Welcome to the Hill Country Premier Lodging website (“Application”), an interactive
    online service operated by Andervant Operations, LLC (dba Hill Country Premier
    Lodging),, Texas Registered LLC (“us,” “we,” or “our”).
    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
    APPLICATION.BY ACCESSING AND/OR USING THE APPLICATION (OTHER
    THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE
    AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE
    FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENT;
    ADDITIONAL TERMS.” IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS
    OF USE, DO NOT ACCESS OR USE THE APPLICATION.
    In addition to these Terms of Use, we have established a Privacy Policy to explain
    how we collect and use information about you. A copy of this Privacy Policy is
    posted on the Application and is incorporated by reference into these Terms of
    Use. By accessing or using the Application, you are also signifying your
    acknowledgement and agreement to our Privacy Policy.
  2. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
    (A) The Application and included content (and any derivative works or enhancements of the
    same) including, but not limited to, all text, illustrations, files, images, software, scripts,
    graphics, photos, sounds, music, videos, information, content, materials, products, services,
    URLs, technology, documentation, and interactive features (collectively, the “Application
    Content”) and all intellectual property rights to the same are owned by us, our licensors, or
    both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on
    the Application are owned by us, our licensors, or both. Except for the limited use rights granted
    to you in these Terms of Use, you shall not acquire any right, title or interest in the Application
    or any Application Content. Any rights not expressly granted in these Terms of Use are expressly
    reserved.
    (B) You have been granted access to the Application for purposes of fulfilling your
    employment obligations to your employer, with whom we have a contractual relationship. The
    Application Content is hereby designated as Confidential Information under our agreement with
    your employer. By accessing the Application, you agree to use the Application Content only in
    furtherance of your employment obligations, to keep the Application Content confidential, and to
    not share the Application Content with anyone not employed by your employer.
  3. APPLICTION ACCESS AND USE
    (A) Access to the Application including, without limitation, the Application Content is
    provided for your information and personal, non-commercial use only. When using the
    Application, you agree to comply with all applicable federal, state, and local laws including,
    without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may
    not use, reproduce, distribute, create derivative works based upon, publicly display, publicly
    perform, publish, transmit, or otherwise exploit Application Content for any purpose whatsoever
    without obtaining prior written consent from us or, in the case third-party content, its respective
    owner. In certain instances, we may permit you to download or print Application Content or
    both. In such a case, you may download or print (as applicable) one copy of Application Content
    for your personal, non-commercial use only. You acknowledge that you do not acquire any
    ownership rights by downloading or printing Application Content.
    (B) Furthermore, except as expressly permitted in these Terms of Use, you may not: (i)
    remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the
    Application or Application Content; (ii) use an automatic device (such as a robot or spider) or
    manual process to copy or “scrape” the Application or Application Content for any purpose
    without our express written permission.
  4. APPLICATION CONTENT & THIRD PARTY LINKS
    We provide the Application including, without limitation, Application Content for informational
    and analytical purposes only. In many instances, Application Content will include content posted
    by a third-party or links to third-party Applications, which we do not control. Regardless, you
    may not rely on any information and opinions expressed on our Application for any purpose and
    we make no representations or warranties regarding the reliability or accuracy of the same. In all
    instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or
    usefulness of Application Content. Under no circumstances will we be liable for any loss or
    damage caused by your reliance on any Application Content.
  5. USER CONTENT
    (A) We may now or in the future permit users to post, upload, transmit through, or otherwise
    make available on the Application (collectively, “submit”) messages, text, illustrations, files,
    images, graphics, photos, comments, sounds, music, videos, information, content, and/or other
    materials (“User Content”). Subject to the rights and license you grant herein, you retain all right,
    title and interest in your User Content. You shall not submit any User Content protected by
    copyright, trademark, patent, trade secret, moral right, or other intellectual property or
    proprietary right without the express permission of the owner of the respective right. You are
    solely liable for any damage resulting from your failure to obtain such permission or from any
    other harm resulting from User Content that you submit.
    (B) By submitting User Content to us, simultaneously with such posting you automatically
    grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual,
    irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use,
    reproduce, distribute, create derivative works based upon (including, without limitation,
    translations), publicly display, publicly perform, transmit, and publish the User Content (in
    whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1)
    in connection with our business; and (2) in connection with the businesses of our successors,
    parents, subsidiaries, and their related companies. We may exercise this grant in any format,
    media or technology now known or later developed for the full term of any copyright that may
    exist in such User Content.
  6. INDEMNIFICATION
    You agree to indemnify and hold harmless Hill Country Premier Lodging (Andervant
    Operations, LLC) and its officers, directors, employees, parents, partners, successors,
    agents, distribution partners, affiliates, subsidiaries, and their related companies from
    and against any and all claims, liabilities, losses, damages, obligations, costs and
    expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or
    that may arise in connection with:(i) your access to or use of the Application; (ii) your
    User Content; (iii) any actual or alleged violation or breach by you of these Terms of
    Use; (iv) any actual or alleged breach of any representation, warranty, or covenant
    that you have made to us; or (v) your acts or omissions. You agree to cooperate fully
    with us in the defense of any claim that is the subject of your obligations hereunder.
  7. DISCLAIMER S
    (A) YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE
    RISK. THE APPLICATION AND APPLICATION CONTENT ARE PROVIDED ON AN “AS
    IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
    EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE
    FULLEST EXTENT PERMITTED BY LAW, HILL COUNTRY PREMIER LODGING, LLC
    AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,
    AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR
    RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING
    ANY: (1) WARRANTIES THAT THE APPLICATION WILL MEET YOUR
    REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
    SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE
    APPLICATION OR APPLICATION CONTENT; (3) WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
    (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
    ON OUR APPLICATION OR ACCESSED THROUGH THE APPLICATION; (5)
    WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS
    THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION; (6) WARRANTIES
    THAT YOUR USE OF THE APPLICATION WILL BE SECURE OR UNINTERRUPTED;
    AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  8. LIMITATION ON LIABILITY
    (A) UNDER NO CIRCUMSTANCES SHALL HILL COUNTRY PREMIER LODGING
    OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,
    AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR
    RELATED COMPANIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
    CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HILL COUNTRY PREMIER
    LODGING, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
    ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE
    APPLICATION OR THESE TERMS OF USE.YOUR SOLE REMEDY FOR
    DISSATISFACTION WITH THE APPLICATION INCLUDING, WITHOUT LIMITATION,
    THE APPLICATION CONTENT IS TO STOP USING THE APPLICATION. SUCH
    LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
    REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
    CONNECTION WITH ANY OF THE APPLICATION OR ANY LINKS ON THE
    APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
    RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE
    APPLICATION OR ANY LINKS ON THE APPLICATION.SUCH LIMITATION SHALL
    ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY
    CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE
    APPLICATION.
    (B) In some jurisdictions limitations of liability are not permitted. In such jurisdictions,
    some of the foregoing limitations may not apply to you. These limitations shall apply to the
    fullest extent permitted by law.
  9. CHOICE OF LAW ; JURISDICTION AND VENUE
    These Terms of Use shall be construed in accordance with the laws of the State of
    Texas without regard to its conflict of laws rules. Any legal proceedings against Hill
    Country Premier Lodging that may arise out of, relate to, or be in any way connected
    with our Application or these Terms of Use shall be brought exclusively in the state
    and federal courts of Austin, TX and you waive any jurisdictional, venue, or
    inconvenient forum objections to such courts.
  10. DISPUTE RESOLUTION & MANDATORY ARBITRATION
    (A) You and Hill Country Premier Lodging, each agree to first contact each other with any
    disputes and provide a written description of the problem, all relevant documents/information
    and the proposed resolution. You agree to contact us with disputes by contacting us at Hill
    Country Premier Lodging, 3 Palos Verdes Drive, Wimberley, TX 78676. We will contact you
    based on the contact information you have provided us.
    (B) If after 30 days the parties are unable to resolve any dispute raised under the previous
    provision, the dispute may be submitted to arbitration consistent with this Section. The parties
    understand that they would have had a right or opportunity to litigate disputes through a court
    and to have a judge or jury decide their case, but they choose to have any disputes resolved
    through arbitration.
    (C) You and Hill Country Premier Lodging each agree that any claim or dispute between us,
    and any claim by either of us against any agent, employee, successor, or assign of the other,
    including, to the full extent permitted by applicable law, third parties who are not signatories to
    this agreement, whether related to this agreement or otherwise, including past, present, and
    future claims and disputes, and including any dispute as to the validity or applicability of this
    arbitration clause, shall be resolved by final and binding arbitration administered by the
    American Arbitration Association under its Commercial International Rules of Arbitration in
    effect when the claim is filed. The arbitration shall take place in or about Austin, TX. Judgment
    on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
    thereof. The arbitrators shall apply Texas law, without regard to its rules of conflict of law.
    Either party may at their option apply to a court of competent jurisdiction to enforce the award or
    judgment of the arbitrators.
    (D) You and Hill Country Premier Lodging acknowledge that each is entering into this
    arbitration agreement in connection with a transaction involving interstate commerce.
    Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the
    Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be
    entered as a judgment in any court having jurisdiction.
  11. AMENDMENT; ADDITIONAL TERMS
    (A) We reserve the right in our sole discretion and at any time and for any reason, to modify
    or discontinue any aspect or feature of the Application or to modify these Terms of Use. In
    addition, we reserve the right to provide you with operating rules or additional terms that may
    govern your use of the Application generally, unique parts of the Application, or both
    (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated
    by reference into these Terms of Use. To the extent any Additional Terms conflict with these
    Terms of Use, the Additional Terms will control.
    (B) Modifications to these Terms of Use or Additional Terms will be effective immediately
    upon notice, either by posting on the Application or by notification by email or conventional
    mail. It is your responsibility to review the Terms of Use and the Application from time to time
    for any changes or Additional Terms. Your access and use of any the Application following any
    modification of these Terms of Use or the provision of Additional Terms will signify your assent
    to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or
    to any Additional Terms, immediately discontinue use of the Application and, if applicable,
    terminate your Membership.
  12. MISCELLANEOUS
    (A) No waiver by either party of any breach or default hereunder shall be deemed to be a
    waiver of any preceding or subsequent breach or default. The section headings used herein are
    for convenience only and shall not be given any legal import.
    (B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful
    or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be
    stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example,
    if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted,
    a court) shall only strike that provision and that the remaining terms of these Terms of Use shall
    remain in force.
    (C) These Terms of Use (including the Privacy Policy and any Additional Terms
    incorporated by reference) constitute the entire agreement of the parties with respect to the
    subject matter hereof, and supersede all previous written or oral agreements between us with
    respect to the Application.
    (D) You may not assign these Terms of Use or assign any rights or delegate any obligations
    hereunder, in whole or in part, without our prior written consent. Any such purported assignment
    or delegation by you without the appropriate prior written consent will be null and void and of no
    force and effect. We may assign these Terms of Use or any rights hereunder without your
    consent and without notice.
  13. SMS Terms
    (A) By providing your phone number, you agree to receive text messages from our
    company. Message and data rates may apply. Message frequency varies.