Terms Of Use

Welcome, and thank you for visiting Blue October Getaways. These Terms of Use (these “Terms”) govern your access to and use of the website located at www.blueoctobergetaways.com, together with our related sites, booking engine, and mobile applications (collectively, the “Site”). Please read them carefully. By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

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PLEASE NOTE: These Terms contain a binding arbitration provision and a class-action waiver (Section 16) that affect your legal rights. Please read them carefully.

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1. Who We Are

The Site is operated by 7 Pepper Gunns LLC and Quiet Mind Touring LLC (together, “Blue October Getaways,” “we,” “us,” or “our”). In these Terms, “you” and “your” mean the person accessing or using the Site.

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2. Acceptance & Changes To These Terms

By accessing or using the Site, you represent that you have read, understand, and agree to these Terms. We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Site after changes become effective means you accept the updated Terms. The version in effect at the time you use the Site governs that use.

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3. Eligibility

You must be at least eighteen (18) years of age and able to form a legally binding contract to use the Site or make any purchase. By using the Site, you represent and warrant that you meet these requirements. If you use the Site on behalf of another person or an organization, you represent that you are authorized to accept these Terms on their behalf.

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4. The Site & Our Services

The Site provides information about Blue October Getaways travel and event experiences (each, a “Getaway”), and allows eligible users to book travel packages and manage their reservations. We may add, change, suspend, or discontinue any part of the Site or its features at any time, and we do not guarantee that the Site, or any content or feature, will always be available, uninterrupted, or error-free. Descriptions, images, pricing, availability, itineraries, and other information on the Site are subject to change and may contain errors, inaccuracies, or omissions, which we may correct at any time without liability.

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5. Your Account & Buyer Dashboard

Some features — including managing a reservation — are available through a secure Buyer dashboard accessed by a personal link or login. You are responsible for maintaining the confidentiality of your access credentials and for all activity that occurs under your account. If you share your access link or credentials, you do so at your own risk. You agree to provide accurate, current, and complete information, to keep it up to date, and to notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.

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6. Purchases; Relationship To The Purchase Agreement

All bookings and purchases of Getaways and travel packages made through the Site are governed by our separate Purchase Agreement (also called our Purchase Policy), which is presented to you at the time of purchase and is incorporated into these Terms by reference. If there is any conflict between these Terms and the Purchase Agreement with respect to a purchase, the Purchase Agreement controls. Pricing, deposits, payment plans, refunds, cancellations, transfers, and related matters are addressed in the Purchase Agreement.

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The Site may display prices that are subject to human or system error. We reserve the right to correct any error and to cancel or decline any order arising from such an error, as further described in the Purchase Agreement.

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7. Acceptable Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not attempt to:

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• use the Site in any way that violates any applicable law or regulation, or infringes the rights of any person or entity;

• resell, reproduce, or exploit any part of the Site, or any Getaway or travel package, without our prior written consent;

• use any robot, spider, scraper, or other automated means to access, monitor, or copy the Site or its content;

• circumvent, disable, or interfere with the security, integrity, or performance of the Site, or attempt to gain unauthorized access to any system or account;

• submit false, misleading, or fraudulent information, impersonate any person, or misrepresent your affiliation with any person or entity;

• upload or transmit any virus, malware, or other harmful code, or engage in any activity that could damage, disable, or overburden the Site;

• harvest or collect information about other users, or use the Site to send unsolicited communications; or

• use the Site in any manner that could disable, overburden, or impair it, or interfere with any other party’s use of the Site.

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We may investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating access, and reporting activity to law enforcement.

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8. Intellectual Property

The Site and its content — including text, graphics, logos, images, audio, video, design, layout, and software (collectively, the “Content”) — are owned by us or our licensors and are protected by copyright, trademark, and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for your personal, non-commercial use in connection with a Getaway. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Content except as expressly permitted by these Terms or with our prior written consent.

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Trademarks

“Blue October Getaways,” our logos, and other marks displayed on the Site are trademarks or service marks of their respective owners. “Blue October,” the band name, and related names, marks, and materials are the property of their respective owners and are used with permission. Nothing on the Site grants you any right or license to use any trademark, name, or logo without the prior written consent of its owner.

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9. User Submissions & Feedback

If you post, submit, or transmit any content through the Site — such as reviews, comments, photos, or messages (“User Submissions”) — you retain ownership of your content, but you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, display, distribute, and create derivative works from your User Submissions in connection with operating and promoting the Site and our Getaways. You represent that you own or have the necessary rights to your User Submissions and that they do not violate any law or the rights of any person. We may, but are not obligated to, monitor, remove, or edit User Submissions at our discretion. If you send us ideas, suggestions, or feedback, we may use them for any purpose without any obligation to you.

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10. Third-Party Content, Links & Services

The Site may contain links to, or integrate services from, third parties — including resorts, hotels, airlines, ground transportation, excursion operators, payment processors, and other providers. These third parties are independent, and we do not control and are not responsible for their content, products, services, or practices. Your dealings with any third party, and your use of any third-party service, are solely between you and that third party and are subject to that third party’s own terms and policies. We are not responsible for the acts, omissions, errors, or negligence of any third party.

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11. Text Messages & Email Communications

If and when we offer text messaging, by providing your mobile number and opting in, you consent to receive text (SMS) messages from us or our service providers about your reservation and, where you have agreed, marketing messages. Message and data rates may apply, and message frequency varies. You can opt out of text messages at any time by replying STOP, and you can reply HELP for help. Consent to marketing texts is not a condition of any purchase. You also consent to receive emails from us, and you may unsubscribe from marketing emails using the link in those emails. Certain transactional communications about your reservation are not promotional and are necessary to provide our services.

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12. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share information. By using the Site, you consent to our collection and use of information as described in the Privacy Policy.

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13. Disclaimers

THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

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We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or its servers are free of viruses or other harmful components. We do not warrant the accuracy, completeness, reliability, or currentness of any Content, including descriptions, pricing, availability, itineraries, or information provided by third-party suppliers. Any reliance on the Content is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

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14. Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR ENJOYMENT, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US FOR THE APPLICABLE TRANSACTION OR ONE HUNDRED U.S. DOLLARS ($100).

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This section does not limit liability that cannot be limited under applicable law. Liability relating to a purchased Getaway or travel package is also subject to the Purchase Agreement. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

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15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Blue October Getaways and our parents, affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your User Submissions, your violation of these Terms, or your violation of any law or the rights of any third party.

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16. Dispute Resolution; Binding Arbitration; Class-Action Waiver

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PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING ARBITRATION IN TRAVIS COUNTY, TEXAS, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

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(a) Informal resolution first. Before commencing arbitration, you agree to send us a written description of your concern and to allow us at least thirty (30) days to resolve it.

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(b) Binding arbitration. If we can’t resolve your concern, you and we agree that any dispute arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court before a judge or jury. The arbitration will take place in Travis County, Texas, or, at your option, by telephone or video. The arbitrator’s award may be entered as a judgment in any court having jurisdiction.

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(c) Class-action waiver. YOU AND WE AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

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(d) Jury-trial waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

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(e) Small claims. Either of us may still bring an individual claim in small-claims court if it qualifies.

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(f) If the class-action waiver isn’t enforced. If the class-action waiver in (c) is found unenforceable for a particular dispute, that dispute will be decided by a court rather than in arbitration, but the jury-trial waiver in (d) will still apply.

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17. Governing Law & Venue

These Terms, and any dispute arising out of or relating to them or the Site, are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration provision above, any permitted court proceeding will take place exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

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18. Copyright Complaints (DMCA)

We respect the intellectual property of others. If you believe that content on the Site infringes your copyright, please send a written notice to our designated agent at copyright@blueoctobergetaways.com that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location on the Site; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove allegedly infringing material and terminate the accounts of repeat infringers.

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19. Suspension & Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — will continue to apply.

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20. Electronic Communications

When you use the Site or send communications to us, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing, to the fullest extent permitted by law. This does not affect your non-waivable rights.

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21. General

Entire agreement. These Terms, together with the Purchase Agreement and Privacy Policy where applicable, are the entire agreement between you and us regarding the Site and supersede any prior understandings on that subject.

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Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

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No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. We may assign these Terms at any time. You may not assign your rights or obligations without our prior written consent.

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Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Interpretation. Headings are for convenience only, and “including” means “including without limitation.” These Terms will not be construed against either party as the drafter.

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22. Contact Us

If you have questions about these Terms, please contact us at:

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Blue October Getaways

PO Box 342229, Austin, Texas 78734

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support@blueoctobergetaways.com  ·  www.blueoctobergetaways.com