Terms of Service
TERMS OF SERVICE AND LEGAL DISCLAIMER
Please read these terms of service carefully before using https://landofwaterfalls.site/ website (the "service") operated by Land of Sky Properties, LLC dba Land of Waterfalls RV Park.
The following are terms of a legal agreement between you and Land of Waterfalls RV Park. By accessing, browsing, or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site. Every time you visit this website and use its services, you accept the following conditions. This is why we urge you to read them carefully.
Land of Waterfalls RV Park may, without notice to you, at any time revise these Terms of Service and any other information contained in this web site by updating this posting. Land of Waterfalls RV Park may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
Reservations are required. You may make reservations via this website and links, with payments third-party (Shopify). No reservation is made until you receive confirmation via email. A Credit Card is required to make a reservation. Full payment is expected at the time you make the reservation (“Reservation Fee”). Land of Waterfalls RV Park reserves the right to retain all funds paid in advance for reservations in the event of your cancellation. Reservation with payment reserves your space for the term. No change of terms is allowed without prior notice and confirmation. If cancellation is requested within 5 business days or more from the reservation start date, then the Reservation Fee will be refunded. Please be aware that cancellations can take up to two days to be processed and for you to receive responsive action and correspondence.
Your attendance at the Park is voluntary and is permitted while these Terms and all Park rules and policies are followed. In the event of a breach of any applicable terms and/or rules, then you agree that you will comply with any request to leave the Park premises immediately, and remove your property at the same time. You acknowledge that under these circumstances Land of Waterfalls RV Park does not provide a refund. If you use Services above and beyond those for which you reserved, you acknowledge and agree that you will owe and the Land of Waterfalls RV Park will charge all applicable costs to your method of payment already provided.
Land of Waterfalls RV Park offers Services that require complete payment prior to use. Your use of Services is only with Land of Waterfalls RV Park permission, which can be revoked at any time, for any reason, at Land of Waterfalls RV Park’s sole discretion. Illegal and/or unauthorized use of Land of Waterfalls RV Park’s Services may be referred for criminal prosecution. We do not guarantee support for, or compatibility with, your vehicles, property and/or systems or provide any assistance services in this regard. Service primarily consist of providing the RV spot as described on the website, and nothing further.
Park Property and Owners
When you enter the premises and park, you acknowledge that it is privately owned and that you are accepting the privilege of the Services and access with the understanding and agreement that you release the Land of Waterfalls RV Park, including, but not limited to business owners, employees and agents and private property owners from any liability for loss or damage to property and/or personal injury to yourself or family members and guests while on the Park property and using Park Services. All individuals that come onto Park property and use Services are subject to these terms and agreement and should be made aware.
Acts Beyond Control
For any events beyond the control of Land of Waterfalls RV Park that may affect our operations and Services, we will do the best to notify and work with you to figure out resolution, including potential refund. For such acts, Land of Waterfalls RV Park reserves the right to unilaterally trim and/or cancel services, especially if required by law.
Copyright and Trademark
Content published on this website is the property of Land of Waterfalls RV Park and/or its content creators and protected by international copyright laws, United States Copyrights laws, and jurisdictional trademark laws and common law. The entire compilation of the content found on this website is the exclusive property of Land of Waterfalls RV Park, with copyright authorship for this compilation by Land of Waterfalls RV Park.
This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Land of Waterfalls RV Park’s prior written consent, except that Land of Waterfalls RV Park grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this website, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this website. You may not mirror any of the content from this site on another web site or in any other media. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
Information on this web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Land of Waterfalls RV Park assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
Land of Waterfalls RV Park provides no assurances that any reported problems will be resolved, even if Land of Waterfalls RV Park k elects to provide information with the goal of addressing a problem.
The website communication with Land of Waterfalls RV Park is electronic. Every time you send Land of Waterfalls RV Park an email or visit our website, you are going to be communicating with Land of Waterfalls RV Park. You hereby consent to receive communications from Land of Waterfalls RV Park. If you subscribe to receive any content from Land of Waterfalls RV Park on our website, you may receive regular emails or other content. Land of Waterfalls RV Park may continue to communicate with you by posting news and notices on our website and potentially by sending you emails. You also agree that all notices, disclosures, agreements and other communications Land of Waterfalls RV Park provides to you electronically meet the legal requirements that such communications be in writing. You will have the option to “unsubscribe” or otherwise change your preferences by links or communicating directly with Land of Waterfalls RV Park.
This Web site may provide links or references to non-Land of Waterfalls RV Park web sites and resources. Land of Waterfalls RV Park makes no representations, warranties, or other commitments whatsoever about any non- Land of Waterfalls RV Park websites or third-party resources that may be referenced, accessible from, or linked to any Land of Waterfalls RV Park site. A link to a non- Land of Waterfalls RV Park web site does not mean that Land of Waterfalls RV Park endorses the content or use of such web site or its owner. In addition, Land of Waterfalls RV Park is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Land of Waterfalls RV Park site. Accordingly, by using the website, you acknowledge and agree that Land of Waterfalls RV Park is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. Please understand that any third-party and/or third-party website is independent from Land of Waterfalls RV Park, and that Land of Waterfalls RV Park does not control the content on that website or party. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Linking to This Site
All links to this Web site must be approved in writing by Land of Waterfalls RV Park, except that Land of Waterfalls RV Park consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Land of Waterfalls RV Park; (c) imply that Land of Waterfalls RV Park approves or endorses you, your web site, or your service or product offerings; and (d) present false or misleading impressions about Land of Waterfalls RV Park or otherwise damage the goodwill associated with the Land of Waterfalls RV Park name or trademarks. As a further condition to being permitted to link to this site, you agree that Land of Waterfalls RV Park may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this web site and to cease using any Land of Waterfalls RV Park trademark.
Land of Waterfalls RV Park uses and collects “cookies” to store personal data on your computer and collect it for its analysis and marketing purposes. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your Web browser so that cookies are not allowed, you might not be able to use some or all of the features of our Website(s).
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
- not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms of Service;
- take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
- not use or disclose the information except:
- as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered;
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
- as required by law, for example, in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- as necessary to protect the rights, safety, or property of Land of Waterfalls RV Park, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.
Other Information We Collect
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s); research and development; customer- and account administration; and to help us focus our marketing efforts more precisely.
Disclaimer of Warranty
Use of this website is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Land of Waterfalls RV Park attempts to be as accurate as possible. However, Land of Waterfalls RV Park does not warrant that plot descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Land of Waterfalls RV Park expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Land of Waterfalls RV Park makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusion may not apply to you.
Limitation of Liability and Indemnity
In no event will Land of Waterfalls RV Park be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this web site or any use of this web site, or of any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Land of Waterfalls RV Park is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories. Any legal claims are limited to the amount you’ve paid for Land of Waterfalls RV Park Services. In consideration for accessing the Park property and using Services of Land of Waterfalls RV Park, you agree to indemnify, defend, and hold harmless Land of Waterfalls RV Park, including its owners, employees, and agents, and the Park property owners for any and all claims that are created by your or a member of your party’s acts and/or omissions, whether willful or not.
By visiting this website, you agree that the laws of the State of North Carolina, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Land of Waterfalls RV Park and you, or its business partners and associates.
Disputes and Venue
Any dispute related in any way to your visit to this website or to products you purchase from us shall be brought in and decided by state or federal court of Transylvania County, North Carolina and you consent to exclusive jurisdiction and venue of such courts.
Notice to European Union users
Land of Waterfalls RV Park’s operations are located in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.