Terms of Use

Welcome to https://www.magnoliabnb.com/. The https://www.magnoliabnb.com/ website (the "Site") is comprised of various web pages operated by The Magnolia Plantation ("The Magnolia Plantation"). https://www.magnoliabnb.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.magnoliabnb.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. https://www.magnoliabnb.com/ is an Online Reservation Site. The purpose of this website is to allow you to browse for more information about our property and the surrounding area as well as reserve any available rooms or units.

https://www.magnoliabnb.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Magnolia Plantation and The Magnolia Plantation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Magnolia Plantation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Magnolia Plantation of the site or any association with its operators.

Certain services made available via https://www.magnoliabnb.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.magnoliabnb.com/ domain, you hereby acknowledge and consent that The Magnolia Plantation may share such information and data with any third party with whom The Magnolia Plantation has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.magnoliabnb.com/ users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.magnoliabnb.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Magnolia Plantation that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Magnolia Plantation or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Magnolia Plantation content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Magnolia Plantation and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Magnolia Plantation or our licensors except as expressly authorized by these Terms.

You agree to indemnify, defend and hold harmless The Magnolia Plantation, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Magnolia Plantation reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Magnolia Plantation in asserting any available defenses.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Magnolia Plantation agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Magnolia Plantation AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

The Magnolia Plantation AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Magnolia Plantation AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLThe Magnolia Plantation AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Magnolia Plantation OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

The Magnolia Plantation reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Magnolia Plantation as a result of this agreement or use of the Site. The Magnolia Plantation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Magnolia Plantation's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Magnolia Plantation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Magnolia Plantation with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Magnolia Plantation with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

The Magnolia Plantation respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

Consent

We explain what you're consenting to clearly and without ‘legalese', and ask that you explicitly consent to contact from us.

Breach Notification

In the case of a security break with regards to The Magnolia Plantation, all guests and businesses of The Magnolia Plantation are notified through our break notification system.

Right to Access

The Magnolia Plantation does not share or sell your information with unauthorized outside third parties. You can ask for a digital copy of your information that we have on file as well as asking for its removal.

Right to be Forgotten

You must opt-in to receive e-mails and communications from The Magnolia Plantation. All e-mails have an unsubscribe option if you change your mind.

Data Portability

At any time you can request to have a copy of your data, have your data removed from The Magnolia Plantation or ported to another controller of you choosing. Call us at 352-375-6653.

Effective January 1, 2020, the CCPA applies to businesses if one or more of the following are true:

* Has gross annual revenues in excess of $25 million;

* Derives 50 percent or more of annual revenues from selling consumers' personal information.

In the instance that The Magnolia Plantation hits any of these thresholds, California consumers have the following rights under this law:

* Right to know what personal information is collected used shared, or sold;

* Right to delete personal information held by The Magnolia Plantation and The Magnolia Plantation service provider;

* Right to opt-out of the sale of personal information;

* Right to non-discrimination in terms of price or service when a consumer exercises privacy right under CCPA

Information collected through The Magnolia Plantation website and online booking engine is used to complete the shopping experience. If at any time you would like to know more about how your personal information is used or would like to opt-out or delete personal information held by The Magnolia Plantation, please contact us at info@magnoliabnb.com or by phone 352-375-6653.

Terms of Use

Agreement between User and The Magnolia Plantation

Privacy

Electronic Communications

Children Under Thirteen

Cancellation/Refund Policy

Links to Third Party Sites/Third Party Services

No Unlawful or Prohibited Use/Intellectual Property

International Users

Indemnification

Arbitration

Class Action Waiver

Liability Disclaimer

Termination/Access Restriction

Changes to Terms

GDPR Compliance Statement

Our California Consumer Privacy Act (CCPA) Policy

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