TERMS AND CONDITIONS

This Agreement is between The Hitching Post Campground, L.L.C. (“The Hitching Post Campground”, “we”, or “us”) and you, the Site visitor (“you”, “your”, “user” or “Site visitor”).

The use of The Hitching Post Campground web site (the “Site”) and the conditions governing its use, cancellation policies, purchases and other matters, is governed by this “Terms And Conditions Agreement” (the “Agreement”). Use of this site is your consent and agreement to abide by this Agreement. If you do not agree with these terms and conditions, you are not granted permission to use the Site and should not use this site or make a reservation.

Purpose

The Site is designed to provide information concerning The Hitching Post Campground, its products and services and to allow you to make reservations for the facilities. Some products or services described on the Site may not be available at all times. Other products and services, while described or advertised on the Site, may only be available through direct purchase while physically on The Hitching Post Campground property.

 

Ownership Rights

Unless otherwise indicated, all materials contained on this Site are the property of The Hitching Post Campground and subject to legal protection including, but not limited, to copyrights, trademarks, service marks, brand names, business names, and logos displayed or associated with this Site. Modification or removal of the copyright notice associated with this Site is prohibited. Any commercial use of the Site is prohibited without the prior written consent from The Hitching Post Campground. Unauthorized infringement or other use of this property may violate federal and state law.

Subject to your compliance with the terms and conditions of this Agreement, you may download material from the Site. However, use of such downloaded materials is limited solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein.

Protection of its intellectual property rights is a matter that is actively and aggressively enforced to the fullest extent of the law.

Information provided to our Site.

By providing information, documents, ideas, suggestions, or other content (“Received Information”), you contemporaneously and immediately grant The Hitching Post Campground a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, display, publish, create derivative works and distribute such Received Information in whole or part. You grant to The Hitching Post Campground the royalty-free, irrevocable, worldwide right to use any ideas, concepts, know-how, techniques, and suggestions contained in any Received Information sent from your electronic media to this Site without compensation to you.

Prohibited Activities

You agree not or perform or direct others to perform the following prohibited activities:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

  • Use the Site or materials for any unlawful purpose;

  • Modify adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

  • Remove any copyright, trademark or other proprietary rights notices contained in the Site;

  • “frame” or “mirror” any part of the Site without our prior written authorization;

  • Link to any page of content on the Site other than the URL located www.hitchingpostcampground.com

  • Content of this Site many not be used by our visitors for any commercial purposes such as to conduct sales of tickets, campground sites or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication.

  • Use or access of the Site in any way that is illegal, immoral or scandalous.

You do not have permission to access the Site in any way that violates, directly or indirectly, these Terms of Use. Illegal or unauthorized use of the Site includes, but is not limited to, using the site to facilitate illegal sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site. Violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in The Hitching Post Campground’s sole discretion, and without prior notice, The Hitching Post Campground may terminate your access to the Site, cancel your site reservation, and/or other sales.

Making Purchases

If you wish to purchase products or services or make reservations for services described on the Site (each such purchase, a “Transaction”), you will be asked by The Hitching Post Campground or the third party provider of the product or service to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You agree that all information that you provide to The Hitching Post Campground or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By submitting such information, you grant The Hitching Post Campground the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

 

You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your reservation may be cancelled and you may be prohibited from using the Site.

 

Reservation Policy

I agree, and shall cause my children, invitees and guests, to abide by The Hitching Post Campground Rules, including those rules and policies published at, posted at the Premises or otherwise communicated in any manner by The Hitching Post Campground management. All rates, specials, terms and policies are subject to change at any time without notice.

I further understand and agree that The Hitching Post Campground does not give credit or refunds due to the discomforts of nature. The Hitching Post Campground’s refund policy varies, depending on the timing of the cancellation notice in advance of the reservation date, as follows:

  • All reservations must be paid in full at the time of booking.

  • Cancellation of short-term (less than one month) campsite rentals 7 days or more before the arrival date will receive a 50% refund less processing fees.

  • No refund will be made for cancellations made less than 7 days before the arrival date.

  • Types of Payment Accepted—The Hitching Post Campground accepts PayPal, Visa, MasterCard, and American Express.

  • Payment made on The Hitching Post Campground premises may also be made via cash or check.

 

Privacy Policy

The Privacy Policy of The Hitching Post Campground is available at https://www.hitchingpostcampground.com/privacy-policy and incorporated by reference. Please read the Privacy Policy as you are bound by its terms.

Confidentiality Cannot be Guaranteed

While The Hitching Post Campground uses a third party provider for security of financial information such as credit cards, confidentiality of any Received Information transmitted to The Hitching Post Campground via the Internet electronic mail cannot be guaranteed. If you wish to contact

 

The Hitching Post Campground, without the use of electronic messaging, please telephone: 828-625-1138 

 

or write to the following address:

The Hitching Post Campground

620 Girls Camp Rd.

Mill Spring, NC 28756

Disclaimer of Warranty and Liability

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. THE HITCHING POST CAMPGROUND IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS 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. THE HITCHING POST CAMPGROUND SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE HITCHING POST CAMPGROUND TO YOU EXCEED THE PRICE PAID TO THE HITCHING POST CAMPGROUND.

The Hitching Post Campground is not responsible or liable for the contents of Received Information posted to the Site and disclaims any duty or obligation to update such information. The Hitching Post Campground cannot and does not assume any responsibility for any errors or omissions in the Site. The Hitching Post Campground may make changes to the Site or to the products or services described herein, at any time, at its sole discretion, without notice.

Corrections and Changes

The Hitching Post Campground attempts to maintain the Site with up-to-date information as is reasonably possible. The information contained on this Site is believed to the best of The Hitching Post Campground's knowledge, to be presently accurate.

 

Digital Indemnification

You agree that The Hitching Post Campground, its employees, affiliates, agents, directors, officers, representatives, members (each, an “Indemnified Person”) shall not be liable, responsible or accountable for any loss or damage arising out of or in connection with the Site, or any good or service offered by The Hitching Post Campground. You agree, to the fullest extent permitted by law, to indemnify and hold harmless each Indemnified Person from and against any and all claims, obligations, costs, losses, liabilities, damages, penalties, actions, judgments, suits, proceedings, disbursements, expenses (including the reasonable expense of defending, investigating or preparing to defend, or the cost of any appeal or settlement of, any claim, suit, action or proceeding instituted or threatened and the costs of enforcing its indemnification rights hereunder) or liabilities (including reasonable attorneys’ fees) of any kind or nature whatsoever suffered or sustained by such Indemnified Person by reason of, or in any way relating to or arising out of, or alleged to relate to or arise out of or caused or alleged to have been caused in whole or in part by, any acts performed or omitted to be performed by such Indemnified Person concerning the Site, or any good or service offered by Indemnified Party.

Property Indemnification

As a participant in a recreation activity, you are responsible for acting within the limits of my ability and heeding all warnings regarding participation in the activity. You should maintain control of yourself and any equipment while participating in the activity and refrain from acting in any manner that may cause or contribute to injury to yourself or to others.

You HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE The Hitching Post Campground, its owners and agents from any and all liability to me, my children, my invitees/guests, personal representatives, and heirs for any loss or damage on account of injury to person (including death) or loss or damage to property relating to, or arising out of, use and occupancy of the The Hitching Post Campground property, facilities, amenities (collectively, the Premises).

You HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS The Hitching Post  Campground Management, and each of them, from any loss, liability, damage or cost (including attorney fees) they may incur due to injury (including death), damage or loss of property relating to use of the Premises by me, my children, and/or my invitees/guests or due to any incidents that may occur during my stay. I understand that, although The Hitching Post Campground Management makes every reasonable effort to provide a secure environment, the security of my person, my belongings, and all persons registered in my party is my sole responsibility.

The Premises are privately owned and THE HITCHING POST CAMPGROUND MANAGEMENT RESERVES THE RIGHT TO REFUSE SERVICE to anyone for any reason. The Hitching Post Campground Management reserves the right to ask any person or party it deems necessary, to leave the campground based on violations of Park Rules/Policies or behavior management deems inappropriate or disturbing to others. I have read this notice and agree to it as well as all The Hitching Post Campground Rules/Policies and regulations. In addition, I understand that I am responsible for the actions of all persons registered in my party, including any children, and any guests that visit during my stay.

I understand that all persons who enter The Hitching Post Campground and that entrance constitutes permission for the management to photograph anyone while on the premises and to use any resulting pictures for any lawful purpose without compensation to the individual.

 

Links

This Site may contain links to other Internet sites for accessing third party information services that may be of interest to you. These third-party sites are maintained by persons or organizations over which The Hitching Post Campground exercises no control and The Hitching Post Campground expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. The Hitching Post Campground does not control, endorse, promote, or have any affiliation with any other Internet site unless expressly stated in the Site.

Governing Law and Jurisdiction

This Agreement is be governed by the laws of the State of North Carolina, without reference to its choice of law rules. By using this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Lake Lure, North Carolina, Rutherford County, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses. The Hitching Post Campground intends that this site be used by citizens of the United States and makes no representation that the Site is appropriate or available for use in other locations.

 

Integration Merger Clause

This Agreement constitutes the entire agreement between you and The Hitching Post Campground with respect to your use of the Site. In the event that this Agreement, or any part of this Agreement, is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect.

Termination

The Hitching Post Campground reserves the right to terminate your access to the Site in the event that you violate this Agreement or at its sole discretion. In the event that termination is the results of a breach of the Agreement by you, you agree to consent to a permanent injunction issued from a court of competent jurisdiction, without bond, restricting you from accessing this Site.