Terms Of Service

The following terms and conditions govern all use of the http://www.AGatlinburgCabin.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites (such as any partner sites, among others), taken together, the Website. The Website is owned and operated by A Gatlinburg Cabin. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, A Gatlinburg Cabin’s Privacy Policy) and procedures that may be published from time to time on this Site by A Gatlinburg Cabin (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by A Gatlinburg Cabin, acceptance is expressly limited to these terms.

1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

* the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and

* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Private Dinner Chef. or otherwise.

Without limiting any of those representations or warranties, A Gatlinburg Cabin. has the right (though not the obligation) to, in .’s sole discretion (i) refuse or remove any content that, in A Gatlonburg Cabin’s reasonable opinion, violates any A Gatlinburg Cabin policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in A Gatlinburg Cabin’s sole discretion.

2. Responsibility of Website Visitors. A Gatlinburg Cabin has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, A Gatlinburg Cabin does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. A Gatlinburg Cabin disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which pandanger.com links, and that link to agatlinburgcabin.com. A Gatlinburg Cabin does not have any control over those non-agatlinburgcabin.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-agatlinburgcabin.com website or webpage, A Gatlinburg Cabin does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. A Gatlinburg Cabin disclaims any responsibility for any harm resulting from your use of non-pandanger.com websites and webpages.

4. Copyright Infringement and DMCA Policy. As A Gatlinburg Cabin asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by agatlinburgcabin.com violates your copyright, you are encouraged to notify A Gatlinburg Cabin in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. A Gatlinburg Cabin will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of A Gatlinburg Cabin or others, . may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, A Gatlinburg Cabin will have no obligation to provide a refund of any amounts previously paid to A Gatlinburg Cabin.

5. Intellectual Property. This Agreement does not transfer from A Gatlinburg Cabin to you any . or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with A Gatlinburg Cabin. A Gatlinburg Cabin, www.agatlinburgcabin.com, the “AGC” logo, and all other trademarks, service marks, graphics and logos used in connection with .com, or the Website are trademarks or registered trademarks of A Gatlinburg Cabin, or A Gatlinburg Cabin’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any A Gatlinburg Cabin. or third-party trademarks. You hereby grant . an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or A Gatlinburg Cabin services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with A Gatlinburg Cabin or the promotion thereof.

6. Changes. A Gatlinburg Cabin reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. A Gatlinburg Cabin may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination. A Gatlinburg Cabin may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties. The Website is provided “as is”. A Gatlinburg Cabin and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither . nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

9. Limitation of Liability. In no event will A Gatlinburg Cabin, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to . under this agreement during the twelve (12) month period prior to the cause of action. A Gatlinburg Cabin shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the A Gatlinburg Cabin Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification. You agree to indemnify and hold harmless A Gatlinburg Cabin, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

12. Miscellaneous. This Agreement constitutes the entire agreement between A Gatlinburg Cabin and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ., or by the posting by A Gatlinburg Cabin of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sevier County, Tennessee. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Seviervieille, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; A Gatlinburg Cabin may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

13. Refunds; cancellations; payments. Reservations will need to be reserved by securing your reservation with prepayment. A Gatlinburg Cabin will accept payment via credit card over the phone, emailed invoice processed by one of our secure payment processors, or check by mail. If paying with a check or money order, the funds must clear before we can guarantee a reservation. There will be a 50 dollar service charge for all returned checks. We typically ask that reservations be made a minimum of 30 days in advance, although last minute reservations may be accepted. In the event of any cancellation at any time, all charges are non-refundable.

14. Alcohol: We do not yet serve or sell wine but you may bring your own.

15. Reservation Policies-

All cabins have a maximum capacity of two people only and reservations are limited to this capacity.

Several of our cabins have Direct TV access and the fee is $29/2 night stay for this access. All the cabins have a small tv and dvd player available at no additional charge, as well as a small radio/cd player. Most guests get excellent cell phone coverage on our mountain.

Kitchens are equipped with dishes, pots and pans, silverware, coffee maker. Outside grills are charcoal, so bring charcoal if you plan to grill out.
The hiking path to the river is down “River Path”. Just hike on down, turn left about 100 feet before the pavement and chain, and follow the old grown up road bed to our swimming hole. We have 700 feet on the river for you to explore.

All reservations are subject to the following Policies:

All Reservations are subject to a 10% resort fee, based on value, charged at the time of booking.

Reservations during Holiday weeks, special event weeks and peak periods may be subject to minimum stay requirements. The property, at it’s sole discretion, may waive a minimum stay requirement for an additional nightly fee.

For any stays using vouchers, unless specified differently in the voucher, during a Holiday week, special event week or peak period time frame, there is a $100.00 per night up-charge for a 2 night or less stay, and a $50.00 per night up-charge for stays of 3 or more nights.

Cancellation Policy-
Individual reservations: A Restricted Gift Certificate may be issued if you are unable to use the dates you have reserved and you release your dates to us at least 14 days in advance of the scheduled start of your reservation. We are unable to give refunds for cancellations. Restricted Gift certificates are for midweek stays, non-holiday weeks and non-special event weeks, and non-peak times and can only be applied to rack rates. The months of July and October are excluded. The purchase of additional nights may be required to use a restricted Gift Certificate. Restricted Gift Certificates cannot be used in conjunction with package discounts, specials or combined with any other discounts. A reservation using a Restricted Gift Certificate may not be booked more that 14 days before the start of that reservation. There is a $49.00 fee for this.

For cancellation and rescheduling requests less than 14 days out, the Establishment may, at its sole discretion, issue a similar gift certificate for a fee of $99.00.
The cancellation fee for any reservation is the amount of the original reservation.
All cancellation and rescheduling requests must be via email to stay@agatlinburgcabin.com

Change of date-
For a request to change the date of a stay, there is a charge of $49.00 for the first request and $99.00 for a second request, if such requests are granted.
All requests for date changes must be via email to stay@agatlinburgcabin.com

Group reservations: No refunds or Gift Certificates of any type are given for group reservation cancellations.

We reserve the right to substitute a lodging unit should circumstances require it.

RULES AND NOTICES

WINTER/INCLEMENT WEATHER ARRIVALS: 4-WHEEL DRIVE AND CHAINS ARE SUGGESTED!
The check-in office is on a major state road with mostly level terrain 3 miles from I-40 (Exit 440)
The cabins are in the mountains on steep and curvy roads, and during parts of the year may require chains and
four wheel drive to access
ABSOLUTELY NO PETS! ( unless you have reserved a specified pet friendly cabin with the appropriate pet fee)
NO unregistered guests or visitors will be allowed at the cabins at any time. Please make arrangements to meet friends at some other location (such as a restaurant, attraction, etc.)
ALL CHECK-INS are at Whisperwood Farm, 166 Middle Creek Road, Cosby, TN 37722, on the corner of Highway 321 and Middle Creek Road.
CHECK-IN TIME is Between 4 p.m. and 6 p.m. Please call 1-800-962-2246 1 hour prior to arrival so we can be watching for you! If you are planning to arrive later than 6 p.m., please call us for special arrangements.
CHECK-OUT is by 11 a.m. on your day of departure.