Terms & Conditions
This is a binding legal agreement (“Agreement”). Please read these Terms of Use carefully before using this site.
This agreement governs your viewing and use of websites for all Oliver Hospitality hotels (collectively, the “Sites”) and is by and between Oliver Hospitality LLC, its subsidiaries, and its affiliates (referred to herein as “Oliver,” “we,” “us,” or “our”) and you. By using, viewing, transmitting, caching, storing, or otherwise utilizing these Sites or any of the contents on these Sites, you agree to and accept all of the terms and conditions set forth below. If you do not agree to all of these terms and conditions, please do not use these Sites. We reserve the right to modify or remove portions of these Terms of Use at any time without notice, and unless otherwise indicated, such changes will become effective immediately. Please check these terms periodically for changes. Your continued viewing or use of the Site following the posting of any changes to this Agreement will indicate your acceptance of those changes.
In addition to these Terms of Use, you agree to any terms and conditions specified in Oliver’s Privacy Policy, which is hereby incorporated into this Agreement.
These Sites and the materials located on or through these Sites are provided by us for informational purposes only as a service to our customers. You understand that by providing these materials, we are not engaged in the rendering of legal or other professional advice or service, or in any way extending any offer of products or services that is legally binding.
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your viewing or use of these Sites.
I. Restrictions on Use of Sites
The use of these Sites for the purpose of providing us information or entering into a reservation or contract with us is limited to individuals who are at least eighteen (18) years of age and individuals and entities who can enter legally binding contracts under applicable law. By providing any information on these Sites, you certify that you are at least eighteen (18) years of age and have the capacity to enter a binding contract. If you are under the age of eighteen, you may contact the hotel directly for assistance.
By viewing or using these Sites, you agree to the following, without limitation:
You will not use these Sites for junk mail, “spamming,” solicitations of any sort, or bulk communications of any kind.
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You will not pretend to be any other person or a representative of any entity, whether actual or fictitious.
You will use these Sites only to make legitimate reservations or purchases for use by you and your invited guests only and will not use these Sites for any other purposes, including, without limitation, to make any speculative, false, or fraudulent reservations, or any reservation in anticipation of demand; you may not impermissibly resell or assign reservations made by you.
You will not use any robot, spider, other automatic device, or manual process to monitor or copy these Sites or the contents or information contained therein without our prior express written permission.
You will not use any device, software, or routine, including, without limitation, any viruses, Trojan horses, worms, bugs, bots, or malware to damage, expropriate data, interfere with, or attempt to interfere with the proper working of these Sites or any transaction being conducted through these Sites.
You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from these Sites without prior express written permission from Oliver and any appropriate third parties.
You will not create liability for us or cause us to lose, in whole or in part, the services of our ISPs or other suppliers.
You represent that you have read, understand, agree to, and will comply with all provisions of these Terms of Use and any additional applicable terms and conditions, whether or not referenced herein.
II. Proprietary Rights and Restrictions on Use of Materials
All materials contained in these Sites are the property of Oliver. No materials from these Sites or any website owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way other than as required for appropriate use of these Sites in accordance with these Terms of Use. Use of any such materials on any other web, Internet, intranet, extranet, or other site or computer environment is prohibited.
All copyrights, trademarks, service marks, trade names, trade dress, and any other intellectual property rights are proprietary to us. No license or right to or in any such property is granted to or conferred upon you. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including, without limitation, images, text, page layout, or form) without our prior express written permission. You may not use any meta tags or any other hidden text utilizing our name, trademarks, or other proprietary information without our prior express written permission.
III. Submissions, Forums, and Public Communication
We welcome your comments regarding these Sites and the products and services offered in connection therewith. We do not, however, accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. This policy intends to avoid future misunderstandings if any projects we undertake appear similar to someone else’s creative work.
If you do send creative submissions, any and all such submissions shall be deemed and shall forever remain our property. None of the submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any such submissions. By submitting any such materials, you hereby assign us any right, title, and interest in or to the intellectual property rights subsisting in such submission.
IV. Exclusion of Warranties and Disclaimer
You agree that you use these Sites at your own risk. These Sites, and any related information, services, contents, or materials, are provided on an “as is” and “as available” basis without warranties of any kind.
Oliver does not make any representations and, to the maximum extent permissible under applicable law, hereby disclaims all warranties, either express or implied, including, without limitation, warranties of title, implied warranties of merchantability, warranties of fitness for a particular purpose, warranties of non-infringement, and any other warranties.
V. Limitation of Liability
In no event shall Oliver, its subsidiaries, affiliates, related entities, officers, directors, agents, partners, employees, contractors, or subcontractors be liable to you or any other party for any loss or injury or any damages, either direct, indirect, special, incidental, consequential, punitive, or otherwise arising out of the use of or inability to use these Sites.
VI. Indemnification
You agree to indemnify and hold Oliver, its subsidiaries, affiliates, officers, directors, agents, partners, employees, contractors, subcontractors, guests, residents, visitors, licensees, invitees, and permitees (“Indemnified Parties”) harmless from any allegations, claims, demands, liabilities, damages, fines, penalties, or costs of whatever nature (“Claims”), including reasonable attorney’s fees, arising out of or in any way connected with this Agreement.
VII. Severability
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable, unlawful, invalid, or void, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other remaining provisions.
VIII. Jurisdiction and Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in the federal or state courts of the County of Davidson in the State of Tennessee.
IX. Termination
These terms are effective until terminated by either party. Your access to these Sites may be terminated immediately without notice if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement.
X. Digital Signature Provisions
You agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”).
XI. Entire Agreement
These Terms of Use, together with any applicable terms and conditions incorporated herein or referred to herein (including, without limitation, Oliver’s Privacy Policy) constitute the entire agreement between us regarding the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on these Sites.
Invited by Oliver Loyalty Program
Terms and Conditions
These Terms and Conditions (“Terms”) govern participation in the “Invited by Oliver” loyalty program (“Program”), operated by Oliver Hospitality Management (“Oliver”). By enrolling in the Program, you agree to these Terms.
Membership Eligibility and Enrollment
Age Requirement: Membership is open to individuals who are at least twenty-one (21) years old or the legal age of majority in their country of residence.
Single Membership: Each individual may only hold one membership account. Multiple accounts held by the same person may be merged or canceled at Oliver’s discretion.
Accurate Information: Members must provide accurate personal information during enrollment and are responsible for keeping their account details up to date. Oliver is not responsible for any miscommunication due to outdated or incorrect information.
Non-Transferable Membership: Membership, including points and rewards, is non-transferable and cannot be combined with another member’s account. Points may not be sold, bartered, or otherwise exchanged for compensation.
Earning Points
Participating Hotels: Points in the “Invited by Oliver” loyalty program can only be earned at designated hotels within the “by Oliver” collection. Participating hotels currently include:
Hotel Clermont – Atlanta, GA
Fairlane Hotel – Nashville, TN
The Oliver Hotel – Knoxville, TN
The Oliver Hotel – Oxford, MS
Station House Inn – South Lake Tahoe, CA
Lodge at Marconi – Marshall, CA
Qualifying Stays and Activities: Members earn points for qualifying stays booked directly through Oliver’s official booking channels (hotel websites, phone reservations, or in-person bookings). Points may also be earned through select activities, such as dining or spa services, as specified by the Program.
Exclusions: Points cannot be earned on non-qualifying rates, such as employee rates, complimentary stays, group bookings, or bookings made through third-party websites (e.g., Expedia.com, Booking.com).
Crediting Points: Points will be credited to the member’s account within seven (7) to fourteen (14) days after the qualifying stay or activity.
Retroactive Credit Requests: Members may request points for past qualifying stays within ninety (90) days of the stay date if points were not automatically credited.
Redeeming Points
Redeeming at Participating Hotels: Points may only be redeemed at the participating hotels listed above for rewards such as room nights, upgrades, dining credits, or other experiences as specified by the Program. Redemption options and availability may vary by property and are subject to change.
Reward Availability: All rewards are subject to availability and may vary by hotel, season, or other factors. Rewards are not guaranteed and may change without prior notice.
Cancellation of Reward Reservations: Reward reservations may be subject to cancellation policies. If a reward reservation is canceled, points may be refunded depending on the timing and conditions of the cancellation.
Program Benefits and Tiers
Tier Requirements: The Program may feature different membership tiers. Progression through the tiers is based on qualifying activities, such as the number of stays or points earned.
Tier Benefits: Each tier may offer unique benefits, such as priority check-in, complimentary room upgrades, or late check-out. Benefits may be subject to availability and are not guaranteed.
Tier Review Period: Membership tier levels are reviewed annually, and members may be upgraded or downgraded based on their activity during the review period.
Points Expiration and Forfeiture
Points Expiration: Points will expire twenty-four (24) months from the date they were earned, unless qualifying activity occurs within that period. Points will be deemed inactive if no qualifying activity is recorded within twenty-four (24) months.
Forfeiture Conditions: Points may be forfeited if the account is terminated for any reason, including fraudulent activity or violation of these Terms.
Modifications and Termination of the Program
Program Changes: Oliver reserves the right to modify the Program at any time, including the rules for earning and redeeming points, membership tiers, and benefits. Such changes may impact the value or redemption opportunities of points.
Program Termination: Oliver may terminate the Program at any time. Upon termination, members will be notified via the contact information provided in their accounts, and any unredeemed points will expire following the termination notice period.We reserve the right to terminate or modify the loyalty program, in whole or in part, at any time and for any reason, with or without notice. In the event of program termination, all points, rewards, and any other benefits will no longer be redeemable, and any accumulated points will be forfeited. By participating in the loyalty program, you acknowledge and agree that we shall not be liable for any loss, damage, or inconvenience resulting from any modification, suspension, or termination of the program. This includes, but is not limited to, loss of points, rewards, or any anticipated benefits. Your continued participation in the loyalty program constitutes acceptance of these terms, and we encourage you to periodically review them as they may change.
Value of Points: The value of points is determined solely by Oliver and may change over time. Points have no cash value and cannot be exchanged for cash or other forms of credit.
Account Termination and Suspension
Voluntary Account Termination: Members may close their accounts at any time by contacting customer service. Upon account closure, all points will be forfeited.
Involuntary Termination or Suspension: Oliver may terminate or suspend any membership for fraudulent activity, misuse of the Program, or violation of these Terms. All points will be forfeited in such cases.
Data Privacy and Communications
Use of Personal Information: Members agree to the collection and use of their personal information in accordance with Oliver’s Privacy Policy. Personal information may be used for Program administration, marketing purposes, and to enhance member experience.
Communication Preferences: Members may manage their communication preferences through their account settings. Opting out of marketing emails may impact the delivery of Program-related notifications.
Third-Party Sharing: Oliver may share member data with third-party service providers for Program administration and fulfillment purposes.
Dispute Resolution
Complaints and Disputes: Any disputes related to the Program should be directed to customer service. Oliver will make reasonable efforts to resolve the matter.
Arbitration Clause: If applicable, disputes may be subject to binding arbitration as outlined in Oliver’s general terms.
Legal Disclaimers and Limitations
No Warranty: The Program is provided “as is,” without warranties of any kind, either express or implied.
Limitation of Liability: Oliver will not be liable for any lost or expired points, or any indirect or consequential damages arising from the use of the Program.
Compliance with Laws: Members are responsible for complying with all applicable local laws and regulations related to loyalty programs.
General Conditions
Intellectual Property: All Program-related materials, including trademarks and logos, are the property of Oliver. Unauthorized use is prohibited.
Amendments to Terms: These Terms may be amended at any time, with changes communicated to members through the Program’s website or email. Continued participation in the Program constitutes acceptance of the updated Terms.
Contact Information:
For inquiries about the “Invited by Oliver” Program, please contact customer service at loyalty@oliverhospitality.com.
These Terms of Use were last updated on November 11, 2024. If you have questions about these Terms of Use please send an e-mail to legal@oliverhospitality.com