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TERMS OF USE

Effective March 4, 2026

Thank you for your interest in Hearth Hospitality & The Simpson House Inn.

 

These Terms of Service apply to your access to and use of any websites, mobile applications, and other online products and services that are provided by Hearth Homes LLC, Hearth Hospitality Group LLC, Hearth SB LLC, or our subsidiaries, parents, affiliates, and hospitality properties (including but not limited to Simpson House Inn) (“HH,” “we,” or “us”), in addition to any third-party web platforms or downloadable software applications which you use to access such websites or services provided by us (collectively, our “Site”).

 

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates for products, services or otherwise. If you make a booking at one of our HH Properties with us via our Site, these Terms also include our Booking Policies, property-specific reservation policies, cancellation policies, house rules, amenity fees, and any other agreements between us or other documentation, guidelines, or policies we may provide in writing.

 

By using our Site, you agree to these Terms of Service. Our Privacy Policy explains how we collect and use personal information you provide to us while using the Site.

 

1. Access to the Site

 

 

In connection with your use of the Site, you are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them. Specifically, you must be at least 18 years of age to access the Site. If you use the Site on behalf of another person or entity, you must have the authority to accept these Terms of Service on their behalf.

 

You must provide accurate and complete information when requested on the Site. All information you provide in connection with your account is governed by our Privacy Policy.

2. Access Restrictions

 

 

You may access, and we grant you a non-exclusive right to use, the Site and all content contained on the Site in accordance with these Terms of Service. You will comply with these Terms of Service and all applicable laws when using the Site. We have the right to disable your access to the Site at any time, including if, in our opinion, you have violated any provision of these Terms of Service.

 

You specifically agree not to use the Site: (a) in any way that violates any federal, state, local, or international law or regulation; (b) to access any services provided by us in violation of any copyright or other intellectual property right of ours or of any third party; or (c) 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 us or users of the Site, or expose them to liability.

 

You are also prohibited from violating or attempting to violate any security features of the Site, including, without limitation: accessing content or data not intended for you or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Site or any associated system or network; interfering or attempting to interfere with service to any user, host, or network; sending unsolicited promotional email through the Site; forging any TCP/IP packet header; or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce to a human-perceivable form any content or source code from the Site.

 

Any violation of system or network security may subject you to civil and/or criminal liability.

 

3. Content

 

We and our affiliates own all rights, title, and interest in and to the Site and all content on the Site, other than the following categories of content available to you.

 

(a) Your Content. You may provide input into the Site through message boards, contact functions, your account, or other interactive features. If you provide any information, material, or other content through the Site, we may use it without restriction or compensation to you. For more information about how we handle your content on the Site, please see our Privacy Policy.

 

(b) Third-Party Content. We may provide information about third-party products, services, activities or events on our Site, or we may allow third parties to make their content and information available on our Site (“Third-Party Content”). Your dealings or correspondence with third parties are solely between you and the third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties regarding such content.

 

We may use third-party web hosting and payment services including Google Analytics, Mews, Ascend Marketing, and Wix Analytics (“Third-Party Services”) to facilitate reservations, payments, marketing communications, and analytics through the Site. These Third-Party Services are made available via applications owned and operated by their respective providers.

 

“HEARTH HOMES,” “HEARTH HOMES STAYS,” “HEARTH HOSPITALITY,” our company name, our HH Property names, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission.

4. Fees and Payment

 

Booking services offered through the Site are available only with purchase. If you choose to purchase products or services from us through the Site, you agree to the following terms.

 

(a) Fees and Billing. You will pay all fees charged to you according to the prices and terms on the Site or as otherwise agreed between us in writing. We may correct pricing errors even if a confirmation has already been issued or payment received. You must provide complete and accurate billing information including a valid payment method. You authorize us and our payment processors to charge your payment method for all fees associated with your booking. Fees are payable in U.S. dollars and do not include taxes, which will be calculated separately.

 

(b) Disputes and Late Payments. If you want to dispute any fees or taxes invoiced to you through the Site, please contact stays@hearthhomes.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of five percent (5%) of the unpaid balance per month. If any amounts are past due, we may suspend your access to the Site or your ability to make additional bookings after providing written notice.

 

(c) Additional Service Terms. Certain services, including private events, full-property buyouts, retreats, weddings, or curated guest experiences, may require additional agreements or event contracts. If such additional terms are provided, your purchase or participation in those services indicates your acceptance of those additional terms.

5. Term and Termination

 

 

These Terms of Service take effect when you first use the Site and remain in effect until terminated. If we make changes to these Terms of Service, we will provide notice by posting an updated version on our Site or updating the “Last Updated” date above. Your continued use of the Site following such changes constitutes acceptance of the updated Terms.

 

We reserve the right to withdraw or amend the Site or any service or material provided on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time.

 

6. Indemnification, Disclaimer of Warranties, and Limitation of Liability

 

 

You agree to indemnify, defend, and hold harmless HH and its affiliates and their officers, directors, employees, agents, and representatives from any claims, losses, damages, liabilities, or expenses arising from your use of the Site or your violation of these Terms of Service.

 

THE SITE AND ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

 

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site will operate without interruption or error.

 

Our aggregate liability under these Terms shall not exceed the greater of the amount you paid for the service giving rise to the claim or one hundred dollars ($100).

 

7. Dispute Resolution Procedures

 

 

If you have a dispute with us, you agree to contact us first at stays@hearthhomes.com and provide a brief written description of the issue. Except where prohibited by law, disputes will be resolved through binding arbitration administered by a reputable arbitration association such as the American Arbitration Association. All disputes shall be arbitrated in Santa Barbara County, California.

 

You and we agree that claims may be brought only in an individual capacity and not as part of a class action or representative proceeding.

 

8. Governing Law

 

 

These Terms of Service and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of California.

 

9. Force Majeure

 

 

We are not liable for delays, cancellations, or failure to perform services due to events beyond our reasonable control, including but not limited to natural disasters, fires, severe weather, public health emergencies, government actions, labor disputes, power outages, or other force majeure events.

 

10. General Provisions

 

 

(a) Alleged Copyright Infringement. We maintain procedures for addressing claims of copyright infringement on the Site. If you believe material on the Site infringes your copyright, you must provide a physical or electronic signature of the authorized rights holder, identification of the copyrighted work, identification of the material claimed to be infringing, contact information, a statement of good faith belief that the use is unauthorized, and a statement that the information provided is accurate under penalty of perjury. Notices should be sent to stays@hearthhomes.com.

 

(b) Severability. If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

 

(c) United States Use Only. We make no representation that the materials or services available through the Site are appropriate or available for use outside of the United States.

 

(d) Binding Agreement. These Terms of Service constitute the complete and exclusive agreement between you and us regarding the Site and supersede any prior agreements. These Terms shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns. We may assign these Terms in connection with a merger, acquisition, or corporate reorganization.

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