Last Updated: December 19, 2024

1. Applicability

These General Terms and Conditions (“Holcomb Terms”) apply to the website owned, operated, and maintained by or on behalf of Holcomb Camp, LLC and its affiliates (collectively, “Holcomb” or “we” or “us”) and the products and services (including Cabins and Memberships) sold through Holcomb’s website (the “Website”), at Holcomb events, or at Holcomb’s physical location (collectively the “Products and Services”). In the event of a conflict between these Holcomb Terms and any signed contract between you and Holcomb, or its affiliates, the signed contract shall control to the extent of such conflict.

THESE HOLCOMB TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE HOLCOMB TERMS CAREFULLY.

THESE HOLCOMB TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER" BELOW). 

BY CREATING A HOLCOMB ACCOUNT, USING HOLCOMB MOBILE APPLICATIONS OR HOLCOMB WEBSITES, PLACING AN ORDER FOR A HOLCOMB CABIN, HOLCOMB MEMBERSHIP, OR OTHER PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE HOLCOMB TERMS.

YOU MAY NOT ORDER OR OBTAIN A HOLCOMB CABIN, HOLCOMB MEMBERSHIP, PRODUCTS OR SERVICES FROM HOLCOMB IF YOU (A) DO NOT AGREE TO THESE HOLCOMB TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH HOLCOMB, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

2. Dispute Resolution – Arbitration Agreement and Class Action Waiver

Binding Arbitration. To the fullest extent permitted by applicable law and except for small claims or if you choose to opt-out as provided below, this Section governs all Disputes between you and Holcomb. The term “Dispute” is to be given the broadest possible meaning that will be enforced and means any dispute, demand, claim, or controversy of any kind between you and Holcomb, whether based in contract, tort, statute, or otherwise, including but not limited to any claim for fraud, false advertising, misrepresentation, strict products liability, negligence, breach of contract, breach of express or implied warranties, or violations of consumer protection, privacy or data security laws, that arises out of or in any way relates to (1) this Agreement; (2) our relationship (including any such relationship with affiliate third parties who did not sign this Agreement); (3) the purchase, sale, condition, design, or manufacturing of the cabin; (4) Holcomb products or services; (5) advertising and other communications between you and Holcomb; and as applicable, (6) your credit application. You and Holcomb agree to resolve all Disputes by binding arbitration conducted by ADR Services, Inc., in the City of Los Angeles, California. You and we understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court.  

Confidentiality. Arbitrations conducted under this Section shall be kept strictly confidential. Neither you or Holcomb may disclose the fact that an arbitration exists or is proceeding, the nature or content of the Dispute(s), all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, or the results of any arbitration award. This paragraph shall not prevent disclosure of the arbitration proceedings: (1) as may be required by law or court order; (2) as may be required to judicially challenge or enforce an arbitration award; (3) as may be required to assist your or Holcomb’s legal counsel, financial advisors, or accountants—provided that such individuals are also bound by this Section; (4) as may be required to disclose to existing or future shareholders, existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; or (5) if you and Holcomb provide prior written consent. Notwithstanding anything to the contrary, this paragraph shall not apply to claims where confidentiality clauses are made illegal under state or federal law. The arbitrator shall have jurisdiction to hear any disputes over a breach of this Section and shall have authority to fashion an appropriate remedy. The arbitrator shall retain jurisdiction to enforce this Section after arbitration has ended.  

Initial Dispute Resolution Requirement. Most disputes can be resolved without resort to arbitration or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate arbitration or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us at members@holcombvalleyranch.com and provide a brief, written description of the Dispute and your contact information (including your Holcomb ID, if you have one). We will contact you at your contact information on file with Holcomb. You and Holcomb agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration.

Filing a Demand for Arbitration. If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration. In order to initiate arbitration, you must file an arbitration demand with ADR Services, Inc. You can find information about ADR Services, Inc. and file your arbitration demand at https://www.adrservices.com/. You are also required to send a copy of the arbitration demand to us and you should send it by email to: members@holcombvalleyranch.com.

Fees & Costs.  The parties will equally share of the arbitration fees and costs between you and Holcomb. You are responsible for your own attorneys’ fees unless applicable law provides otherwise.

Arbitration Location and Procedure. Arbitration shall be initiated and take place in the City of Los Angeles unless you and Holcomb agree otherwise. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Holcomb submit to the arbitrator. If your claim exceeds $25,000, you and Holcomb may agree to conduct arbitration by videoconference or teleconference or conduct a document-only arbitration without any hearing. The arbitrator will have discretion to require a telephonic or face-to-face hearing for any claim upon the request of a party.  

Applicable Law. You and Holcomb agree that both the substantive and procedural provisions of the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), shall govern the subject matter, formation, procedure, and enforcement of this Section. The statute of limitations laws, including statutes of repose, without regard to choice or conflict of law principles, will apply to any claims brought in arbitration.

Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Section, including but not limited to any claim that all or any part of this Section is void or voidable. The arbitrator shall also have exclusive authority to resolve all threshold issues of arbitrability, including whether a Dispute is subject to arbitration, issues relating to whether this Section is applicable, unconscionable, or illusory, and any defense to arbitration, including waiver, delay, laches, or estoppel. However, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. The arbitrator shall be empowered to grant whatever relief would be available to you in your individual capacity in a court under law or in equity, including public injunctive relief. The arbitrator’s award shall be written and shall be binding on you and Holcomb. To preserve the confidentiality of the arbitration proceedings, the arbitrator’s award shall not be entered as judgment in a court of law, unless you or Holcomb fail to voluntarily satisfy the arbitration award within sixty (60) days after the arbitration award has been rendered.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND HOLCOMB AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR HOLCOMB WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court (after exhaustion of all appeals) declares any of this Class Action Waiver unenforceable, then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.

Small Claims Court. Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.

Severability. If any arbitrator or court determines that any part of this Section 2, Dispute Resolution – Arbitration and Class Action Waiver is illegal or unenforceable, then such part will be eliminated and the remainder of Section 2 Dispute Resolution – Arbitration and Class Action Waiver will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.

Survival. This Section 2 Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or your relationship with Holcomb, including the end of any promotion or contest, opt-out of communication or other use or participation in any Holcomb Product or Service.

Choice of Forum. Any Dispute(s) deemed not subject to arbitration shall be litigated exclusively by either party in the United States District Court for the Central District of California. If the United States District Court for the Central District of California lacks subject matter jurisdiction, then any Dispute(s) deemed not subject to arbitration shall be litigated exclusively by either party in the Superior Court of the State of California in the County of Los Angeles.

By agreeing to this Reservation Agreement, you acknowledge and agree to the terms and conditions of this Section 2 Dispute Resolution – Arbitration and Class Action Waiver.

3. Text Messages, Notifications, and Telephone Calls

By agreeing to this Agreement, you understand that by providing your wireless telephone number(s) and email address(es) now or in the future, you consent to being contacted at those numbers or addresses with non-marketing information about your Membership or cabin, such as reminders and appointments. You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages or telephone calls. For all communications, you can control permission for calls, texts or push notifications by contacting members@holcombvalleyranch.com.

4. Indemnity

You agree to defend, indemnify, and hold harmless Holcomb and its affiliates, successors and assigns, and its and their directors, members, managers, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Holcomb arising out of or relating to your use of the Website and/or Products and Services, your violation of these Holcomb Terms, or your violation of any rights of another.

5. Limitation of Liability

No Consequential, Exemplary/Punitive or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL HOLCOMB OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL HOLCOMB’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO HOLCOMB PURSUANT TO THIS AGREEMENT.

6. Force Majeure

Holcomb will not be liable or responsible to you, nor be deemed to have defaulted or breached these Holcomb Terms, and you will not be liable or responsible to Holcomb, nor be deemed to have defaulted or breached these Holcomb Terms (except for your failure to meet your payment obligations), for any failure or delay in performance under these Holcomb Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our or your reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

7. Severability

If any competent legal authority determines any provision of these Holcomb Terms is illegal or unenforceable, the remainder of these Holcomb Terms will remain in force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.

8. Updates to the Terms and Conditions

Holcomb may modify these terms and conditions at any time with or without notice to You. Your continued use of the Website and/or Products and Services will be deemed as acceptance of any such new terms and conditions. 

9. Choice of Law

These Holcomb Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of California, U.S.A., without regard to choice or conflict of law principles of any jurisdiction, except as otherwise provided in the Arbitration Agreement. This Choice of Law provision applies only to the interpretation of these Holcomb Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law or bring claims in California courts whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement, are only intended to specify the use of California law to interpret these Holcomb Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. With respect to the purchase of a Holcomb Membership, the laws of the State of California shall apply.

10. Ownership of Environmental Attributes

You agree that Holcomb shall have all rights to Environmental Attributes that exist now or may exist in the future in connection with Holcomb’s provision and sale of and your receipt, purchase and/or use of the Holcomb Products and Services including cabins. Notwithstanding anything to the contrary in any documentation or other agreement between you and Holcomb, all such Environmental Attributes are and shall be the property of Holcomb, and notwithstanding any applicable law. Holcomb shall have the sole and exclusive right to transfer, sell, hold, report, or convey such Environmental Attributes in its sole and absolute discretion. You agree that you do not own and have no rights to such Environmental Attributes. You shall not separately sell, transfer, assign or otherwise convey Environmental Attributes to any person or entity other than Holcomb. In the event such Environmental Attributes are deemed to be your property for any reason, you hereby acknowledge and agree that you have received satisfactory consideration for the transfer of all such Environmental Attributes to Holcomb effective as of the sooner of the date of your purchase, receipt, or use of the Holcomb Products and Services.

“Environmental Attributes” means the environmental and other attributes as may exist from time attributable to the Holcomb Products and Services, including without limitation, any and all credits, benefits, emissions reductions, verified emission reductions, offsets, allowances, allowance payments or similar items, howsoever entitled or named, including those attributable to the displacement, reduction or avoidance of the production or consumption of liquid fuels. Environmental Attributes include any credit, allowance or instrument issued or issuable by a governmental authority under regulations of the Environmental Protection Agency under the Clean Air Act and the exclusive right to report the sole ownership of such Environmental Attributes in compliance with federal or state law, if applicable, and to federal or state agencies or other parties at such purchaser’s discretion, or under any present or future mandatory or voluntary domestic, international, or foreign emissions trading program, portfolio standard. Environmental Attributes does not include any federal or state tax credits that the purchaser of Holcomb Products and Services may be eligible to receive and does not include any rights to special rates, reduced rates, or credits for electricity arising from the installation or use of Holcomb Products and Services.

11. Holcomb’s Intellectual Property

Holcomb is the owner or the licensee of all content of the Website and all the material published on the Website, as well any newsletter, updates, emails, and/or social media or informational updates and/or postings (collectively “Content”). Holcomb owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names. 

You acknowledge and agree that Holcomb’s (i) patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, “Intellectual Property”) are solely Holcomb’s property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property or the Intellectual Property of Holcomb’s licensors or suppliers. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Products and Services, including without limitation all text, graphics, logos, buttons, icons, images, and audio clips are the property of Holcomb or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws, regulations or treaties. The compilation (meaning the collection, arrangement, and assembly) of all Content associated with the Products and Services is the exclusive property of Holcomb and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Products and Services is strictly prohibited.

Subject to your compliance with these Holcomb Terms, Holcomb grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Websites and the Products and Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Websites, the Products and Services, or any other content available via the Websites or the Products and Services. All rights not expressly granted to you in these Holcomb Terms are reserved and retained by Holcomb.

12. User Content and Standards

If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Products and Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If Holcomb does decide, in its sole discretion, to attribute User Content to you, you hereby grant Holcomb the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to Holcomb doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, website, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. You agree that Holcomb (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if Holcomb receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Products and Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.

You are prohibited from posting any libelous, obscene, defamatory, offensive, hateful, sexually explicit/pornographic, violent, promoting of discrimination, misrepresentative of actual identity, or other materials that would violate any laws or be deemed inappropriate by Holcomb. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. Holcomb may take any action Holcomb reasonably deems necessary to cure or prevent any violation of these standards, including removal from this Website. In addition, Holcomb will fully cooperate with law enforcement authorities requesting us to disclose the identity of any such individuals.

You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to Holcomb under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of Holcomb’s websites.

You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Holcomb, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) Holcomb isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Holcomb shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) Holcomb may have something similar to the Contributions already under consideration or in development; (e) your Contributions, including any intellectual property rights therein, automatically become the property of Holcomb without any obligation of Holcomb to you; and (f) Holcomb is free to use any ideas, concepts, or techniques that you send Holcomb for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from Holcomb under any circumstances.

13. The Website

Third-Party Links

The Website may contain hyperlinks (“links”) to websites operated by persons or entities other than Holcomb (“third-party websites”) or to co-branded websites operated by a third party, including affiliates (“co-branded websites”). We provide such links for your reference and convenience only. A link from Holcomb to a third-party website does not imply or mean that we endorse the content on that third-party or co-branded website or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded websites to which you might link from the Website. HOLCOMB IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

In addition, portions of the Website may be electronically hosted by other third-party service providers. Holcomb has, unless explicitly indicated otherwise, no control over the content or functionality of those websites and resources. Holcomb does not endorse, guarantee, or make any representations or warranties regarding any other website, content, or materials or information accessible from any other website.

Children’s Online Privacy Protection Act

The Website is not designed or intended to collect information from children under the age of 13. Holcomb does not knowingly collect or maintain any information from children under the age of 13. The Website is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, if you are under the age of 18, you should only use the Website with the involvement of a parent or guardian.

No Reliance on Information

Holcomb’s Website provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. In particular, the Content does not constitute professional, financial or investment advice. Professional or specialist advice should be obtained before taking, or refraining from, any action on the basis of the Content. Holcomb is not acting, nor is it seeking to act, as a broker or dealer in respect of any securities of any companies or the information concerning such companies.

Cautionary Statement Regarding Forward-Looking Statements

Holcomb’s web pages, blog posts, stories, news, updates, posts, press releases, presentations, audio and video files of events (whether live or recorded) and other documents, photographs and videos on our website and in our social media postings contain, among other things, forward-looking statements that reflect management's current expectations, intentions, assumptions, plans and beliefs with respect to future events or plans. The words "anticipate," "assume," "believe," “could,” "estimate," "expect," “going forward,” "intend," "may," "plan," "project," “seek,” "should," “will,” “would,” and similar expressions, identify forward-looking statements (though the absence of such words does not mean that a statement is not forward-looking). Such statements are subject to risks and uncertainties and may change over time. These forward-looking statements reflect management’s views at the time such statements were made and are not guarantees of any outcome or result or any future performance, prospects or developments. Holcomb and its management do not intend to (and Holcomb expressly disclaims any obligation to) update or otherwise revise such forward-looking statements, whether as a result of new information, future events or otherwise. You are strongly cautioned that reliance on any forward-looking statements involves known and unknown risks and uncertainties, and any or all of our forward-looking statements may ultimately be inaccurate or incorrect. Accordingly, you should not place undue reliance on any forward-looking statements, which are current only as of the date such statements are made. All forward-looking statements on our website and in our social media postings are qualified by reference to this cautionary statement section.

No Warranties

THE WEBSITE IS PRESENTED “AS IS” AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE WEBSITE OR ANY MATERIALS PUBLISHED ON THE WEBSITE.

Specifically, without limitation, Holcomb does not warrant that you will be able to use the Website or that any portion of this Website will be free of viruses, Trojan horses, or other technical defects.

In addition, it is your responsibility to check that the Website’s content is accurate and/or complete. The Website may be updated from time to time and may change its content at any time. Although Holcomb makes reasonable efforts to update the information on the Website, it makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.

Local Regulatory Restrictions

The Website is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Website is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. Holcomb reserves the right to limit access to the Website to any such persons. Persons who access the Website do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.

Accessing and Using the Website

It is not guaranteed that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary “as is” basis. All or any part of the Website, without notice, may be suspended, withdrawn, discontinued, removed or changed. Holcomb will not be liable to you if for any reason the Website (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons to whom you provide access to the Website are made fully aware of these Holcomb Terms and other applicable terms and conditions, and that they comply fully with them.

You may only use the Website for lawful purposes. 

Considerations for Non U.S. Customers

Holcomb’s headquarters are located in the United States, and the Website is based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Website, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Website, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

Digital Millennium Copyright Act Notice

Holcomb complies with the notice-and-takedown procedures set out in Section 512(c) of the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing Holcomb’s Copyright Agent with the following information in writing:

• The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Holcomb, the service provider, to locate the material;

• Information reasonably sufficient to permit Holcomb to contact you, such as an address, telephone number, and, if available, an email address;

• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must provide notice of claimed infringement to Holcomb’s designated Copyright Agent at: members@holcombvalleyranch.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:

• Your physical or electronic signature;

• Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and

• Your name, address, telephone number, and e-mail address.

If a counter-notice is received by Holcomb’s Copyright Agent, Holcomb may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Holcomb’s sole discretion.

14. Vulnerability Reporting

If you would like to report a vulnerability or have a security concern, please email members@holcombvalleyranch.com.