Terms of Use & Dispute Resolution
This Agreement was last modified on September 1, 2023.
By using this website (“Site”), you acknowledge and agree to be bound by the following terms of use and any instructions, policies or guidelines referenced herein (the “Terms of Use” or “Agreement”). If you are accepting the Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so on behalf of such entity. If you do not accept the Terms of Use, then please do not use the Site.
1. General
This Site belongs to WCT Providence Hill Holding, LLC (“Company”, “we”, “our” or “us”), Company reserves the right to withdraw or amend the Site, any service or content provided on the Site. Company will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Company may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.
2. Use of the Site
As a condition of your use of this Site, you represent and warrant the following:
a. You are at least 18 years old;
b. You possess the legal ability and authority to create a binding legal obligation;
c. You will use this Site in accordance with these Terms;
d. You will only use this Site to make legitimate reservations for you and/or another person(s) for whom you are legally authorized to act;
e. You will inform such other persons about the Terms of Service that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
f. All information supplied by you on this Site is true, accurate, current, and complete;
g. You are wholly responsible for any activities conducted through your account; and
h. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services.
3. User Accounts
To use our Site you may need to create an account. When you create an account, we require you to provide certain information about yourself, including your email address, first and last name and a password (collectively, “Account Information”). You agree that all Account Information that you provide will be accurate, current, and in a form sufficient to allow us to contact you from time to time. If you are creating an account on behalf of a party other than yourself, such as your employer, your client, or another legal entity, you represent and warrant that you have the legal authority to do so and acknowledge that by creating the account such third party will be bound by these Terms.
You agree that we may send email communications as well as telephone or text messages, including calls and/or push notifications, to you for customer service, account and/or reservation confirmations, product offers and other similar matters. Data and message rates may apply. Calls may be made by an automatic telephone dialing system and/or with an artificial or pre-recorded voice. You acknowledge that you agree to receive the same. You may choose to opt out of much of this correspondence through your account settings, as applicable, or by using the links at the bottom of our emails, or by replying ‘STOP’ to any promotional text messages. Please note that even if you opt out, we will still send you account and/or service-related emails, as applicable.
Your use of the Providence Hill website is at your own risk. You are responsible for maintaining the confidentiality of your Account Information and agree to notify us immediately of any unauthorized use of your Account Information or if you otherwise believe your Account Information has been compromised. Notwithstanding any of the foregoing, you are responsible for any losses or damages suffered by the Providence Hill website via the use of your Account Information. If these Terms are not enforceable where you are located, you may not use the Providence Hill website.
We retain the right at our sole discretion to disable your account or password at any time and for any reason, including, but not limited to, if in our reasonable opinion you have failed to comply with these terms of use. To the fullest extent permitted by law, we reserve the right in our sole discretion to restrict the availability of the site to any person, at any time, for any or no reason, without prior reasonable notice and without liability to you.
You may request that we terminate your account under the Membership by contacting info@providencehillfarm.com. If you request termination of your account, you will no longer receive any benefits offered under the Membership. See the Privacy Policy for more details about your information if you request that we terminate your account.
4. No Warranty
The Site is provided without any warranty or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose, or non-infringement.
5. Prohibited Uses of the Site
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To impersonate or attempt to impersonate the operator, an affiliate, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or which, as determined by us, may harm the operator or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE OPERATOR AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY ALLEGED CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OPERATOR OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE OPERATOR/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
6. Dispute Resolution, Binding Arbitration and Class Action Waiver
THIS SECTION HAS A SIGNIFICANT IMPACT ON YOUR RIGHTS, ESPECIALLY WHEN IT COMES TO HOW DISPUTES BETWEEN YOU AND US GET RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY AND ALL ALLEGED CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO AN ALLEGED CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY ALLEGED CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
a. Informal Resolution
If a dispute arises between you and us, we strive to resolve the dispute fairly, quickly, and efficiently. Accordingly, you agree to first give us an opportunity to resolve any alleged dispute, claim, or controversy arising out of or relating to your use of our Site, this Agreement, our Privacy & Cookie Policy, or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these or previous versions of this Agreement and our Privacy & Cookie Policy ("Claim" or “Claims”) by contacting us at info@providencehillfarm.com before taking any other action. If we are not able to resolve your Claim within sixty (60) calendar days after we receive written notice from you of your Claim, you may seek relief for your Claim through arbitration or small claims court, as detailed below.
b. Governing Law & Venue
This Agreement and the Privacy Policy, and the rights of the parties hereunder shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, USA, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise provided by the Mandatory Arbitration provision below, any Claim shall be brought in a court located in Orange County, Florida, USA.
c. Mandatory Arbitration; Small Claims Exception
Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert a Claim on an individual basis in small claims court if the Claim is for $5,000 or less, excluding costs, interest, and attorneys’ fees.
Arbitration is less formal than a court proceeding. It is presided over by a neutral arbitrator instead of a judge. An arbitrator can award on an individual basis the same damages and relief as a court, and the arbitrator should apply these Terms as a court would. An arbitration decision may be confirmed by any court with competent jurisdiction. Court review of the arbitration decision is limited.
Arbitration shall be conducted by the American Arbitration Association (“AAA”) using its AAA Consumer Rules by an arbitrator knowledgeable in web-based and e-commerce disputes. Except as provided herein, the Rules will govern payment of all filing, administration and arbitrator fees. If your total Claim seeks $5,000.00 or less, we will reimburse you for half the amount of the filing fees you pay to the AAA and we will pay half of the arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. We may attend the arbitration by phone, videoconference, or other remote method.
d. Initiating Arbitration of Claim
To begin an arbitration proceeding, you must send a letter requesting arbitration to Providence Hill, 2600 Carsley Road, Jackson, MS 39209, Attn: Legal – Dispute Resolution.
If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Unless otherwise prohibited by applicable law, and except for New Jersey residents, any and all Claims must be filed within two (2) years from the date on which such Claim arose or accrued. Any and all Claims you bring against us must be resolved in accordance with this Dispute Resolution section. All Claims filed or brought that are not in accordance with this section shall be considered improperly filed. Should a Claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys' fees and costs up to $5,000.00, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.
e. WAIVER OF CLASS RIGHT & JURY RIGHT
ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
7. Changes to this Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Use without prior written notice at any time by posting the updated terms on the Site. Such changes shall be effective immediately upon posting of the revised terms on this Site. The effective date of the updated Terms of Use will appear at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.
Please review this Agreement periodically for changes. By accessing or using this Site, you signify your acceptance of this Agreement and agree to be bound by all of its terms and conditions. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
8. Entire Agreement
The Terms of Use govern your use of the site, including the submission of all data, information, and other materials. If you are a Member Account Holder, the Terms of Use do not replace, amend or modify your Membership account agreement. The Terms of Use constitute the entire agreement between you and Company with regard to your use of the Site and all matters addressed herein and supersede all prior written and oral agreements or understandings previously existing between you and Company. Failure by Company to enforce any provision in the Terms of Use will not be construed as a waiver of such or any other provision. Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. As used in the Terms of Use, the word “including” and words of similar import means “including, without limitation.”
9. Incorporations by Reference
You understand and agree that this Agreement represents the primary terms and conditions governing your use of the Site. However, we have provided additional guidelines, rules and policies for such use. Those documents are hereby incorporated by reference into this Agreement and found here: