Date Last Modified: June 8, 2022

The http://woodstowater.ciirus.com/ website (the “Website”) and the related online services (the “Services”) are made available by Woods to Water Vacation Homes, LLC and Book the BLA LLC, each a Minnesota limited liability company (“Woods to Water”), subject to these Terms and Conditions (“Terms and Conditions”).

These Terms and Conditions apply to all Users, including Users who are simply viewing content available via the Services, Users utilizing free Services, and Users who have engaged for paid Services. Users include, but are not limited to, both property owners and renters, as well as visitors of the website, vendors, partners, contractors, and or other service providers (collectively referred to as “Users,” “you” and through similar words such as “your,” etc.). Not all terms shall apply to all types of Users where specified in the Terms and Conditions.

By accessing any part of the Services, you are agreeing to the terms and conditions described below (the “Terms and Conditions”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY NOTICE (the “Privacy Notice”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you should not use the Service. If you are otherwise engaged with Woods to Water for specific Services through a subsequent agreement, that agreement shall control and supersede these Terms and Conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CONTINUE TO ACCESS OR USE ANY PORTION OF THE SERVICES AND DO NOT REGISTER FOR AN ACCOUNT.

We reserve the right to refuse a User’s access to the Services for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User’s account for any reason. Such termination of your account will result in your loss of access to the Service. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.

The Service is controlled and offered by us from our location in the United States of America. Except as indicated in these Terms and the Privacy Notice, we make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

1. Compliance. To ensure you remain in compliance with these Terms and Conditions, Woods to Water recommends reviewing the current Terms and Conditions each time you access or use the Services. All access to and use of the Services, Accounts and the materials, content, information and data contained on or provided through the Services and Accounts are subject to compliance with these Terms and Conditions and all applicable laws, rules and regulations. If you have any questions or comments regarding these Terms and Conditions or the Services, please contact Woods to Water at the contact information listed below.

2. General Use. Woods to Water provides full vacation rental management services via the Services. The Services are provided to connect property owners that would like to rent their property as vacation rentals with guests, as well as to provide a variety of amenities and accommodations. The Services are made available, subject to these Terms and Conditions, to allow you to (i) obtain information about the Services, (ii) register for an Account, and (iii) engage with the various interactive properties available on the Service. Subject to these Terms and Conditions, Woods to Water grants you a limited, non-exclusive, non-transferable and revocable license to download, access and use the Services solely for the applicable purposes described in these Terms and Conditions and for your personal, non-commercial benefit. Except as otherwise expressly set forth herein, you shall have no other rights to the Services, and no other rights shall be implied.

3. Website Provider. The Website is offered through CiiRUS, a vacation rental management software that allows property owners and renters alike to utilize the Services.

4. Visitors to the Service and Account Creation. You can visit the public sections of the Services without identifying yourself or providing personal information. In order to access some features of the Services, you will have to create an Account. Both property owners and renters or customers may register for an account. You may not have more than one (1) Account without Woods to Water’s permission and you must access the Service and non-public portions of the Website through your Account. The security and confidentiality of your Account username and password is your sole responsibility. You shall ensure that no unauthorized person shall have access to your Account, username, or password and shall immediately notify Woods to Water of any unauthorized access or use of which you become aware. You agree to bear all responsibility and liability for all actions under or through your Account as well as all fees and/or charges incurred from the use of your Account, whether authorized or unauthorized. You may update your Account by changing the Account settings.

5. Registration Data. All of your information and data provided to Woods to Water in connection with registering for your Account (“Registration Data”) must be true, accurate, current and complete at all times. You must immediately update your Registration Data to keep it true, accurate, current and complete. Notwithstanding anything to the contrary, you hereby authorize Woods to Water and its affiliates, contractors and suppliers to use, copy, sublicense and disclose Registration Data (i) as part of providing the Services, (ii) if required by applicable law, where necessary to enforce these Terms and Conditions and/or to protect any of Woods to Water’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Woods to Water’s Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your Registration Data, including, without limitation, to grant the foregoing rights to Woods to Water and its affiliates, contractors and suppliers. If you provide Woods to Water your email address, you hereby consent to and authorize Woods to Water to (a) send notices regarding the Services to such email address, instead of notice by other means such as mail, and (b) send other messages to such email address, such as changes to features of the Services and special offers (collectively, “Other Messages”). If you do not want to receive Other Messages, you may opt out in your Account settings. Opting out of receiving Other Messages may prevent you from receiving email messages regarding updates, changes to the Services or offers.

6. We reserve the right, at any time, to change any fees or charges for Users (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you sales tax as applicable to the Services or any order placed through the Service, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income.

7. When you book an accommodation through the Services, you acknowledge and agree to any terms, rules, or restrictions associated with such transaction, which are disclosed to you at the time of booking your vacation rental. Terms include all applicable rental fees. You acknowledge and agree that in order to confirm your booking reservation, Woods to Water may obtain verification of your credit card and may pre-authorize your credit card or other payment method. Woods to Water will collect the total fees in accordance with these Terms and Conditions and the terms of the pricing as provided in each property listing. By processing a booking reservation, you authorize the collection of such fees by Woods to Water or a third-party payment processor. You further authorize Woods to Water to charge your credit card or other payment method in the event of any damage caused during your stay at a property.

8. User Content. The Services may contain User-generated or provided data, content, and materials (“User Content”). User Content includes, but is not limited to, comments and reviews you make on property listings, amenities, or user experience. User Content is the sole responsibility of the User that submitted that User Content. Woods to Water does not control User Content generated or provided by Users and is under no circumstances responsible or liable in any way for any User Content that is made available through the Services. Woods to Water does not endorse any User Content, and does not warrant or guarantee the integrity, truthfulness, accuracy or quality of any User Content. Woods to Water reserves the right (but is not obligated) to edit or remove any User Content in whole or part, at any time and for any or no reason. You agree that Woods to Water is not liable for any loss or damage of any kind resulting from availability, access and/or use of any User Content. You further agree that the User Content that you may generate or provide through the Services shall be truthful and not misleading. You acknowledge and agree that your submitted User Content will be made available to other Users of the Services (subject to the features of the Service which may restrict what Users can view and access your Content). You hereby grant to Woods to Water and its affiliates, contractors, and suppliers a nonexclusive, perpetual, irrevocable, world-wide, royalty-free, assignable and sublicensable (through multiple tiers), license to reproduce, copy, use, host, store, sublicense, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, you submitted User Content and your name, voice and likeness (to the extent they are part of the User Content), (i) in connection with the Services, as specified under Third Party Licenses and/or for the interoperation of any third party products, (ii) if required by applicable law, where necessary to enforce these Terms and Conditions and/or to protect any of Woods to Water’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Woods to Water’s Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your submitted User Content, including, without limitation, to grant the foregoing rights to Woods to Water and its affiliates, contractors and suppliers.

9. Releases. You acknowledge and agree that (i) you are solely responsible and liable for your interactions with other Users of the Services, (ii) Woods to Water does not control the acts, omissions, policies or procedures of other Users of the Service. Without limiting the foregoing, you understand the risks associated with the access to and use of the Services and any User Content and other data, content and materials made available through the Services, and acknowledge that you are using the Services and such other data, content and materials at your own risk and that you are personally responsible for verifying their suitability for your needs through your own investigation. To the maximum extent permitted by law, Woods to Water is not liable for, and you hereby waive, release, relinquish and forever discharge Woods to Water, its employees, members, managers, governors, suppliers, agents, contractors, affiliates, representatives, successors and assigns (collectively, the “Woods to Water Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, injuries to person or property (including, but not limited to, death, incapacity and disability), damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, arising out of or related to (a) your access to and use of the Services, (b) access to and use of any User Content and other data, content and materials made available through the Services, (c) and your interactions with other Users of the Services. You agree to not sue Woods to Water and the other Woods to Water Parties, or assist any other person or entity in any suit against Woods to Water and the other Woods to Water Parties, with respect to any matters released in this Section. The terms of this release shall also apply to any of your relatives, next of kin, heirs, beneficiaries, employers, successors or assigns who assert or attempt to assert any claims on your or their behalf.

10. Ownership and Intellectual Property. Except for certain User Content as described herein, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You acknowledge and agree that as between you and Woods to Water, Woods to Water is and shall remain the exclusive owner of the Services, Woods to Water’s data, information, and Content (expressly excluding User Content as otherwise described in these Terms and Conditions), and all patent, copyright, trade secret, trademark and other intellectual property rights therein. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. You shall not challenge or assist any third party to dispute or challenge Woods to Water’s or its licensors’ ownership of such rights or the validity or enforceability of such rights. Woods to Water expressly reserves all rights not expressly set forth in these Terms and Conditions.

If you find or suspect intellectual property infringement with respect to the Services or User Content, believe that the Services or any User Content otherwise violate these Terms and Conditions, or have questions, complaints or claims regarding the Services, please immediately notify Woods to Water using the contact information located below. Upon receiving such information, Woods to Water will investigate the matter, in its sole discretion.

11. Prohibited Uses. In addition to uses otherwise prohibited by Woods to Water, these Terms and Conditions or applicable law, you shall not, and you shall not allow any third party to, do any of the following:
    • Download, access, use or register for the Services if you are under eighteen (18) years old.
    • Change or delete any copyright or proprietary notices from the Services.
    • Use the Services other than as permitted by these Terms and Conditions and that you will not use the Service in a manner inconsistent with the original intent of its design.
    • To impersonate or attempt to impersonate Woods to Water, a Woods to Water employee, another authorized User, or any other person or entity.
    • Access or use the Services to send unsolicited commercial messages to any person, or to threaten, harm or harass another User’s Account, use and/or access of the Services, including, but not limited to, attempting to gain access to another User’s Account.
    • Access or use the Services by artificial means or in a manner that, in Woods to Water’s sole discretion, would inflict an excessive load on Woods to Water’s or its suppliers’ hardware or software.
    • Post, upload or transmit: (i) any data, content or materials meant to market or advertise services or products that are competitive with the Services, solicit any other Users of the Services for such purposes and/or use data, content or materials gathered from the Services for such purposes, (ii) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of Woods to Water or a third party, (iii) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of Woods to Water or a third party, and/or (iv) any disabling code (defined as computer code designed to interfere with the normal operation of the Services or Woods to Water’s or a third party’s hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Services or Woods to Water’s or a third party’s hardware or software.
    • Use the Services for any benchmarking, monitoring or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Services.
    • Decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization), modify or create a derivative work of the Services by any means whatsoever.
    • Distribute, disclose or allow use of any portion of the Services or your Account in any format through any timesharing device, service bureau, network or by any other means, to or by any third party.
    • Use or access any data, content or materials for any purpose or in any manner other than real-time viewing (which prohibits, for example, screenshots, downloading and storing) unless expressly permitted by the features of the Services.
    • Use or access the Services or any data, content or materials provided through the Services in violation of international, federal, state or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Services from outside the United States, you do so at your own risk and responsibility for compliance with laws of your jurisdiction.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determine by us, may harm Woods to Water or Users of the Service or expose them to liability.

12. Accessibility and Updates. You are solely responsible for providing, maintaining and ensuring compatibility with the access requirements for the Services, and all hardware, software, electrical or other physical requirements for use of the Services, including, without limitation, mobile devices, telecommunications and internet access, connections, web browsers or other equipment, programs and services required to download, access and use the Services.

13. Third Party Content and Products. The Service may contain links to third party content and other third-party websites that are not owned or controlled by Woods to Water. Links are provided to online Users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Woods to Water. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content.

Access to the Services may include hardware, software, and other proprietary materials from Woods to Water’s third party suppliers that are subject to license rights, terms and restrictions (collectively, “Third-Party Licenses”). In such event, your rights to the Services are expressly subordinate and subject to the Third-Party Licenses and you must comply with Third-Party Licenses. If Woods to Water’s rights provided by a third-party supplier are limited, suspended or terminated for any reason, your rights shall also be so limited, suspended or terminated. To the extent of any conflict between the terms of these Terms and Conditions and the terms of a Third-Party License, the terms of the Third Party-License shall control with respect to the applicable third-party product.

14. Warranties. You represent and warrant that (i) these Terms and Conditions constitute your legal, valid and binding obligation enforceable against you in accordance with their terms, subject to the principles of equity, bankruptcy, insolvency, reorganization and other laws affecting creditors’ rights generally, (ii) you have all requisite authority to enter into these Terms and Conditions, (iii) your agreement to these Terms and Conditions and performance or compliance with the terms of these Terms and Conditions will not conflict with, result in a breach of, constitute a default under or require the consent of any third party under any license, sublicense, lease, contract, agreement or instrument to which you or your affiliates are bound or to which your properties are subject, (iv) you are the lawful owner of any submitted User Content and your Registration Data, or to the extent you are not the lawful owner, you have all rights necessary for you to provide, upload and make available in submitted User Content and your Registration Data and license it as specified herein, and (v) your submitted User Content and your Registration Data will not violate or in any way infringe on any patent, copyright, trade secret, trademark, intellectual property or other rights of a third party.

15. Termination. Access to the Services is provided at the discretion of Woods to Water. Woods to Water has the right at any time, with or without prior notice, to suspend or terminate your access to the Services or your Account, and to refuse any and all current or future use of all or any portion thereof, for any reason, including, but not limited to, if Woods to Water believes that you are in violation of any of the provisions of these Terms and Conditions, your Account is being used without your authorization, or the information you have provided is inaccurate, not current or incomplete. Woods to Water shall also have the right, but not the obligation, at any time to change or discontinue any aspect or feature of the Services and/or change or remove any of the User Content from the Services, in its sole discretion. In the event you desire to terminate your Account you may do so through the Service or by contacting Woods to Water as set forth below. Upon termination of your Account, all of the information associated with your Account may be retained or deleted without notice, consistent with applicable law. Woods to Water shall have no liability for such deletion.

16. Indemnification. To the fullest extent permitted by law, you shall indemnify, defend and hold Woods to Water and the other Woods to Water Parties harmless from and against any and all losses, liabilities, suits, actions, obligations, fines, damages, judgments, penalties, claims, causes of action, charges, costs and expenses (including, but not limited to, attorneys’ fees, disbursements and court costs prior to trial, at trial and on appeal) arising out of or resulting from, or alleged to result from (i) your breach of these Terms and Conditions, (ii) your access to and use of the Services, and/or (iii) your Content and your Registration Data; provided, the foregoing provisions of this Section shall not apply to the extent such losses, costs and expenses arise out of the gross negligence or willful misconduct of Woods to Water.

17. Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, Woods to Water DOES NOT MAKE AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH REGARD TO THE SERVICES, USER CONTENT OR ANY OTHER DATA, CONTENT AND MATERIALS CONTAINED IN OR PROVIDED THROUGH THE SERVICES. THE SERVICES AND USER CONTENT ARE PROVIDED ON AN “AS IS” BASIS. IF YOU ARE DISSATISFIED WITH THE SERVICES, USER CONTENT, THESE TERMS AND CONDITIONS OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. Woods to Water DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS.

18. Liability. SUBJECT TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Woods to Water OR ANY OTHER Woods to Water PARTIES BE LIABLE UNDER ANY LEGAL THEORY FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE SERVICES OR USER CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTEREST OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES EXCEPT TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00) OR THE FEES PAID FOR THE SERVICE OVER THE PAST 12 MONTHS, whichever is greater. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. Any of your claims arising in connection with these Terms and Conditions, the Services or User Content must be brought within one (1) year of the date that the event giving rise to such action occurred.

19. Force Majeure. Woods to Water shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, third party service providers, lockouts, riots, acts of war, acts of terror, epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters.

20. Personal Information. Woods to Water may collect your personal and non-personal information when you download, register for, access and/or use the Services. You agree that Woods to Water may collect, process, transfer, use and disclose your information in accordance with Woods to Water’s Privacy Notice which is incorporated herein by reference and deemed a part hereof.

21. Feedback. If you submit any ideas, concepts, feedback or related information concerning the Services to Woods to Water through the Services or by other means, you hereby grant, and/or warrant that the owner of such content or intellectual property has expressly granted to Woods to Water, a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable, sublicensable (through multiple tiers) license to reproduce, copy, use, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content or intellectual property in any media or medium, or any form, format or forum now known or hereafter developed.

22. Assignment. You may not assign or transfer these Terms and Conditions, or any of your rights or obligations hereunder, without the prior written consent of Woods to Water, and any attempted assignment or transfer without Woods to Water’s prior written consent shall be null and void. Woods to Water may assign these Terms and Conditions to an affiliate or the surviving entity or its successor in the event of its merger or the sale of all or substantially all of its assets. All of the terms and provisions of these Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.

23. Governing Law. These Terms and Conditions shall be governed by, construed and enforced according to the laws of the State of Minnesota, without regard to its conflict or choice of law principles. Any action arising out of or relating to these Terms and Conditions shall be brought only in the state or federal courts of Crow Wing County, Minnesota, and all parties expressly consent to such courts’ jurisdiction and irrevocably waive any objection with respect to the same.

25. Contact Information. Except as otherwise provided, notices under this Agreement shall be in writing and shall be deemed given three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested, or when received via electronic mail, in each case to the respective party as set forth below.

To Woods to Water: 25496 Murray Road

Nisswa, MN 56468

Email: david@bookthebla.com

To you: As specified in your Account information.

26. Miscellaneous. Section headings are not to be considered part of these Terms and Conditions. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof. Except as otherwise set forth herein, if any provision of these Terms and Conditions is found void or unenforceable, this will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Except as stated herein, nothing in these Terms and Conditions is intended to confer upon any person other than the parties hereto, and their respective personal representatives, estates, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms and Conditions. Any and all rights and obligations contained in these Terms and Conditions which by their nature and/or context are intended to survive termination of these Terms and Conditions shall so survive, including, but not limited to, perpetual license grants, indemnification, limitations of liability and disclaimers. No breach or right under these Terms and Conditions may be waived unless in writing signed by the waiving party.

28. Changes to Terms and Conditions. Woods to Water may modify these Terms and Conditions from time to time by posting an updated version of these Terms and Conditions and changing the “Date Last Modified” above. Such changes shall be effective immediately upon posting updated Terms and Conditions. If you continue to access or use the Services, you accept such modified terms. If you do not agree to such changes, do not continue to access or use any portion of the Services.