- 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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.