TERMS & CONDITIONS

Last updated October 15, 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BOOKING A RESERVATION. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT CONTINUE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.

Bolt Farm Treehouse, LLC and Bolt Mountain, LLC provides various rental properties available to visitors located throughout the world. The content and information displayed on the Sites are Bolt Farm Treehouse’s property and are collectively referred to as “Bolt Farm Information”. The downloading, reproduction, or re-transmission of Bolt Farm Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by Bolt Farm Treehouse.

Use of Site

The services of the Sites are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Sites, you represent that you are of sufficient legal age to use the Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Sites. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.

We reserve the right, at our discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page.

User Feedback

By submitting any ideas, comments, suggestions or other information: to Bolt Farm related to improvements to the Sites or services related to the Sites; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, Bolt Farm’s property. None of the Feedback shall be subject to any obligation of confidentiality on Bolt Farm’s part and Bolt Farm shall not be liable for any use or disclosure of any Feedback. Bolt Farm shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.

Trademarks

Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Bolt Farm and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Bolt Farm and/or other parties is granted to or conferred upon you.

You agree that Bolt Farm may censor, edit, remove or prohibit the transmission or receipt of any information that Bolt Farm deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Sites or to protect the rights or properties of Bolt Farm. You agree that Bolt Farm may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

You may not use our Sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Sites, including, without limitation, if you violate any of the provisions of these Terms and Conditions.

You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND BOLT FARM INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

Limitation of Liability

To the maximum extent permitted by law, we, other members of our group of and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

IN THE EVENT BOLT FARM A IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

Confidentiality

With respect to all communications you make to us regarding Bolt Farm Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Inaccuracies and Errors

Bolt Farm Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Bolt Farm does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Bolt Farm reserves the right to make changes, corrections, cancellations and/or improvements to Bolt Farm Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

Mis-Communications / Lost Transactions

Bolt Farm and any other providers of products or services related to the Sites are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Bolt Farm and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any information related to the Sites. Bolt Farm and any other providers of products or services related to the Sites may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

You agree that neither Bolt Farm nor any other providers of products or services related to the Sites are responsible for any damages that may arise as a result of any travel or lodging arrangements or other orders you request or make on the Sites which are not processed or accepted for any reason.

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Cancellation policy

• 100% refunds are given for any cancellations made within 48 hours of making your reservation unless reservations are made within 7 days of check-in. Reservations made within 7 days of check-in are final and nonrefundable.
• Cancellations made after 48 hours of booking or at least 45 days before check-in will result in you being charged 50% of total reservation cost. If 50% of total reservation cost has already been collected, no further charges will be incurred.
• Cancellations made after 48 hours of booking and less than 45 days before check-in will result in you being charged the total reservation cost.
• We are happy to reschedule your stay up to 45 days prior to check-in. A 10% rescheduling fee will apply.

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Travel Destinations

Travel to certain destinations may involve greater risk than others. Bolt Farm urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and territories and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. BOLT FARM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS SITE IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

“Property” or “Properties” Reservations General Terms

In addition to the other terms and conditions specified on the Sites regarding our Properties, the following general terms and conditions apply to reservations booked on the Sites:

Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the “Reservation Details,” “Summary of Charges” and “Cancellation Policy” sections on the room reservation page of the Site.

If you plan to travel with your pet, you must contact the property directly to ensure your reservation is in one of the pet-friendly units.

Availability of Products and Services

Our Sites contain information on Bolt Farm products and services, not all of which are available in every location. A reference to a Bolt Farm product or service on one of our Sites does not imply that such product or service is or will be available in your location.

Third-Party Sites

Any use of the maps functionality on this site shall be governed by the End User Terms of Use for the applicable maps application. Bolt Farm shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party maps application.

If you choose to leave our Sites via links to other third-party websites, including those of advertisers, our Terms and Conditions and our Privacy Statement will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Bolt Farm is not responsible for the availability of such third-party sites or resources, and that Bolt Farm does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.

Governing Law

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Tennessee, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms and Conditions may be filed only in the state or federal courts located in the State of Tennessee, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

Arbitration

Except with respect to any claim or dispute involving the ownership, validity or use of any Bolt Farm trademarks or service marks, any dispute arising out of or related to the Sites (including any claim that any provision of these Terms and Conditions are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). Bolt Farm shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.

Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

Limitations Period. Any and all claims and actions arising out of or relating to the sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

Class Action Waiver. You agree that you will not file a class action against Bolt Farm or participate in a class action against Bolt Farm. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Bolt Farm.

If you have questions about these Terms and Conditions, please send an e-mail to info@boltfarmtreehouse.com