P A Smith Hotel and Event Center

TERMS AND CONDITIONS 
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFOREUSING THIS WEBSITE.  THIS IS A BINDING LEGAL AGREEMENT.  BY ACCESSING AND CONTINUING TO USE THE WEBSITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.  PLEASE DO NOT USE THE WEBSITE IF YOU DO NOT AGREETO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. 
P. A. Smith Hotel, LLC, with its headquarters at 18025 Doe Run Creek Lane, Washington, Texas 77880, provides this Website (“site”) to those travelers planning to visit Navasota, Texas and the surrounding Brazos Valley. The content and information displayed on this site are the property of P. A. Smith Hotel, LLC and are collectively referred to as P. A. Smith Hotel Information.  The downloading, reproduction, or transmission of P. A. Smith Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by P. A. Smith Hotel, LLC. 
USE OF SITE. ·        
The services of this site are available only to individuals who can form legally binding contracts under applicable law, and thus are not available to minors.  By using the site, you represent that you are 21 years of age or older and capable of creating binding legal obligations for any liability you may incur as a result of the use of the site.  You also warrant that you are legally authorized to make the reservations and purchases for either yourself or for another person for whom you are authorized to act. ·The site is to be used by you for your personal use only.  You agree that you will not use the site for chain letters, junk mail, “spamming”, solicitations or bulk communications of any kind, including, but not limited to distribution lists to any person who has not given specific permission to be included in such a list.  You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of P. A. Smith Hotel, LLC or any third party that provides services related to the site. ·
P.A. Smith Hotel, LLC reserves the right, at its discretion, to change and/or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes.   
TRADEMARKS/COPYRIGHTS. ·        
Our site may contain or reference trademarks, copyrighted materials, products, processes and other proprietary rights of P. A. Smith Hotel, LLC and/or other parties.  No license to or right of any such trademarks, copyrighted materials, products, processes and other proprietary rights of P. A. Smith Hotel, LLC and/or other parties is granted to or conferred upon you.    
MONITORING.·        
You agree that you will not use any device or software to interfere or attempt to interfere with the proper working of this site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you agree that you will not use any robot, other automatic device or manual process to monitor or copy any aspect of the site or the P.A. Smith Hotel Information contained therein, without the prior express consent from any authorized representative of P. A. Smith Hotel, LLC.  Furthermore, you agree that you will not use our site for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions.  You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper, or otherwise affect the proper operation of our site in any way, including through the use of any malicious or unauthorized code, virus, malware, or program. ·
You agree that P. A. Smith Hotel, LLC has no obligation to, but may, censor, edit, remove or prohibit the transmission or receipt of any information that P. A. Smith Hotel, LLC deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the site or to protect the rights or properties of P.A. Smith Hotel, LLC.  You agree that P. A. Smith Hotel, LLC may also monitor and review stored information without restriction.  You hereby acknowledge and consent to such monitoring and reviewing.  You may not use our site in any threatening, libelous, slanderous defamatory, obscene, inflammatory, discriminatory or otherwise offensive manner.  P.A. Smith Hotel, LLC reserves the right, in its sole discretion, to revoke or deny your access to its site, including, without limitation, if you violate any of the provisions of these Terms and Conditions. · You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand. 
WARRANTY. ·        
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND P.A. SMITH HOTEL INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 
WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE AND/OR P.A. SMITH HOTEL INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE.  WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION.  BY USING OUR SITE AND/OR P.A. SMITH INFORMATION, YOU AREASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.   
LIMITATION OF LIABILITY.    
To the maximum extent permitted by law, P.A. Smith Hotel, LLC expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results from the use of our site, any websites linked to them and any materials posted on them, including, without limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management time; and for any other loss or damage of any kind, however arising and whether caused by tort, breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.  IN THE EVENT P.A. SMITH HOTEL, LLC IS LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMMISION UPON WHICH SUCH CLAIM OR ACTION IS BASED. This does not affect P. A. Smith, LLC’s liability for personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law. You shall defend P.A. Smith Hotel, LLC against any demand, claims or actions brought against it or arising as a result of any breach or violation of these Terms and Conditions (“Claims”) and you shall indemnify and hold P.A., Smith Hotel, LLC harmless from and against any and all losses damages, expenses (including attorneys’ fees) resulting from any such Claims.  P. A. Smith Hotel, LLC has the right, at its expense, to assume exclusive defense against any Claims and all negotiations for settlement and you agree to cooperate with P. A. Smith Hotel, LLC in the defense of any such Claims, at P.A. Smith Hotel, LLC’s request. 
CONFIDIENTIALITY.
With respect to all communications you make to us regarding P. A. Smith Hotel Information, including, but not limited to, feedback, questions, comments, suggestions and the like:  (a) you shall have no right to confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and(c) we shall be free to use any other ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever , including but not limited to the development, production and marketing of products and services that incorporate such information.    
INACCURACIES AND ERRORS.      P.A. Smith Hotel Information may contain technical inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability.  P. A. Smith Hotel, LLC does not assume responsibility or liability for any such inaccuracies, and typographical errors, and shall have no obligation to honor reservations or information affected by such inaccuracies.  P.A. Smith Hotel, LLC reserves the right to make changes, corrections, cancellations and/or improvements to P.A. Smith Hotel Information, and to the products and services described in such information, at any time without notice, including after confirmation of a transaction. 
MISCOMMUNICATIONS/LOST TRANSACTIONS.  P.A. Smith Hotel, LLC and any other providers of products or services related to the site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications.  Further, P.A. Smith Hotel, LLC and any other providers of products or services related to the site are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the site, or by any technical or human error that may occur in the processing of any information related to the site.  P.A. Smith Hotel, LLC and any other providers of products or services related to the site may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.  You agree that neither P. A. Smith Hotel, LLC nor any other providers of products or services related to the site are responsible for any damages that may arise as a result of any hotel arrangements or other orders you request or make on the site which are not processed or accepted for any reason. 
NO ARRANGEMENTS FOR PROHIBITED PERSONS. ·        
P.A. Smith Hotel, LLC is a United States company and is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries or territories, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury.  You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at or, use the P.A. Smith Hotel. 
THIRD PARTY SITES.        
If you choose to leave our site via links to other third-party websites, including those of advertisers, our Terms and Conditions and our Privacy Statement no longer apply.  We are not responsible for the Terms and Conditions, terms of use or privacy policies of those third-party websites, cookies, and other similar technologies that they use.  In addition, because P.A. Smith Hotel, LLC has no control over such third-party sites and resources, you acknowledge and agree that P. A. Smith Hotel, LLC is not responsible for the availability of such third-party sites or resources, and that P. A. Smith Hotel, LLC does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such third-party sites or resources. 
GOVERNING LAW·        
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Texas without regard to its conflicts of law rules.  The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms and Conditions may be filed only in the state or federal courts located in the State of Texas.   Any dispute arising out of or related to the site (including any claim that any provision of these Terms and Conditions are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration.  P.A. Smith Hotel, LLC shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. The arbitration proceedings shall be conducted by one independent, neutral arbitrator who shall be an attorney with at least 30 years of experience or retired judge.  The arbitration shall be held in Navasota, Texas and in a procedural manner consistent with the then-existing Commercial Arbitration Rules of the American Arbitration Association (AAA), without utilizing the administrative services of the AAA or binding the Parties to AAA substantive provisions.  All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law.  You and P. A. Smith Hotel, LLC waive any rights to maintain other available resolution process as for such disputes, such as a court action, mediation or administrative proceeding, to settle disputes.  YOU AND P. A .SMITH HOTEL, LLC WAIVE ANY RIGHT TO A JURY TRIAL FOR SUCH DISPUTES.  The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms and Conditions, as a court would.  In making an Award, the arbitrator shall follow these Terms and Conditions, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law.  The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in the Award any relief the arbitrator deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and expenses. The Award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the Award may be entered in any court of competent jurisdiction.
Confidential Proceedings:  Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions, orders or Awards of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement. Limitations Period:  Any and all Claims and actions arising out of or relating to the site shall be commenced within one (1) year from the occurrence of the facts giving rise to such Claim or action, or such Claim or action shall be barred. Class Action Waiver:  You agree that you will not file a class action against P.A. Smith Hotel, LLC or participate in a class action against P.A. Smith Hotel, LLC.  You agree that you will not file or seek a class arbitration or participate in a class arbitration, against P. A. Smith Hotel, LLC.  

In addition to the Terms and Conditions regarding use of the P.A. Smith Hotel, LLC site, the following Terms and Conditions apply to reservations booked on the site.  
RESERVATION POLICY.  You must be 21 years old or older to book a state room and/or register as a guest.  A valid photo ID is required upon check-in to verify identity and age. All requests to reserve a room must include the first and last name of all adults occupying the room and a valid credit card for a guarantee of arrival. All rooms are subject to tax collected by the City of Navasota. When booking, keep maximum occupancy rules in mind—two people max for rooms with a single bed (Queen or King). Your reservation is guaranteed until the day of arrival.  After that time, it no longer will be guaranteed and the room may be reassigned.  The hotel has the right to cancel your reservation if we do not receive the prepaid deposit.  We will send you a cancellation confirmation via email immediately after cancelling your booking. 
Check-in at 3 pm.  Reservations should be prepaid with Visa, MasterCard, Discover, American Express or prepaid debit cards.  Upon making the reservation, a charge will be made on your credit or debit card for the total amount for the room, pet fee, if any, and tax for the first night of your stay.  You can check in any time from 3 PM by local time.  During the check-in process, our receptionist will provide you with any information which may be required during your stay such as the location of near-by shops, good places to eat, sights you may like to see, places to go at night, etc.  Always ask our receptionist for anything that would make your stay more enjoyable and convenient. 
Check-out is at 11 am.  You can check out any time up until 11 AM by local time.  Later check-out times may be requested although we may not always be able to accommodate late changes and will depend on availability and on how busy we are.  Please note that a more detailed inspection of the room is usually made after the check-out time and we reserve the right to make charges for any damages or breakages found before the room is occupied again.  The bed linens, towels and robes are NOT gifts and should remain in the room. 
CANCELLATION POLICY.·       
 Please carefully read our cancellation policy.  Rarely can we make any exceptions to this policy.  Prepaid reservations are fully refundable up to 48 hours before check-in (3pm). Reservations cancelled between 48-24 hours of scheduled check-in (3pm) will be charged at 50%.   Reservations cancelled after 3 pm on the day prior to check-in will not be refunded or credited and will be charged in full.  In case of a “no-show”, the total prepaid reservation is non-refundable.  There is only one way in which we can acknowledge cancellation of the guest’s reservation; the guest MUST send a cancellation request stating the reservation number via email to the following address:  info@thesmithnavasota.com.  All cancellations are confirmed via email immediately after the reservation has been cancelled. 
EXTENDING YOUR STAY.·        
After you have booked your stay with us, you can extend your stay (depending on availability) by simply letting us know before you arrive.       If you are already staying with us and you would like to stay longer, please let us know at least 24 hours before your check-out date.  We will do our best to accommodate your new plans. 
SMOKING POLICY.     
Breathe easy.  The P.A. Smith Hotel does not allow smoking in its staterooms.  This applies to both traditional smoking methods and all electronic delivery systems, including vapes, vaporizers, vape pens, hookah pens, electronic cigarettes, e-pipes, or any variations of the foregoing regardless of the product’s name.        Any smoking or strong lingering smoking scents in state rooms will result in a $200 room cleaning fee.       Guests at the hotel will be allowed entry into our speakeasy bar—Hamer's.   Customers of Hamer’s are welcome to use the outdoor deck overlooking Railroad Street, where cigar, pipe and cigarette smoking is allowed. 
PET POLICY.      
The P.A. Smith Hotel is a canine friendly hotel, as long as the pet is well mannered and potty trained.  If your canine sheds a great amount, relieves itself in the stateroom or any property or item damage is done by the pet, a cleaning fee will be charged to the credit card on file in the amount of $200.   Make sure your canine relieves itself outside of the hotel in green areas and stays on a leash when outside the state room.  Canines cannot be left in a stateroom without being kenneled first.   Cats and venomous creatures are never allowed.  We do not allow any more than 2 canines per stateroom.  All canines must adhere to a 40 pound per dog limit.  There will be a daily pet fee.
ROOM POLICY.
We adhere to the old-school rule of ‘you break it, you buy it’, and property damages or missing items will be charged to your credit card at market value.  Pre-existing damages or state room issues should be reported to the receptionist immediately after registration to avoid responsibility and potential charges. The hotel allows guests, with permission, to receive occasional packages and special deliveries at the property. We are not responsible for the packages or their contents or the storage of them.   Unless the hotel has scheduled a special event, the entire property goes into hush mode from 11:30 pm until 7:00 am. 
PARKING POLICY.       
The hotel has a secure, off-site parking facility and valet service to and from the parking facility.  By parking a vehicle on a public street near our facility, you (and your guests) are doing so on your own accord.  The hotel does not take responsibility or accept liability for damage, accident or loss of your vehicle or personal property. 
ALCOHOL POLICY.        
P.A. Smith Hotel has two locations where alcohol can be purchased.  This means, by law, we cannot allow any alcohol to be brought on to the property.       To uphold this law, we require all alcoholic beverages on the property be purchased through the hotel.        Louisa’s Cache serves beer and wine and is located on the first floor.        Hamer’s is a classic speakeasy located on the second floor.  Cigar smoking is allowed on the Hamer’s outdoor deck overlooking Railroad Street.      Guests who purchase alcohol at either Louisa’s Cache or Hamer’s can head back to their room to enjoy. 
ROOM CLEANING POLICY.       
Room refreshes occur daily. Should you need fresh towels or linen, please contact the registration desk.
FIREARMS POLICY.  
Any guest or visitor who is in possession of a firearm on hotel premises is personally responsible for abiding by all applicable federal, state and local laws with respect to firearms.  Subject to the following restrictions.  Also, firearms are not allowed in Hamer's Speakeasy and no alcohol will be served to any patron of Louisa's Cache who is carrying a permitted firearm.   Guests of P.A. Smith Hotel who are lawfully permitted to possess a firearm may bring such firearm onto hotel premises, provided that the presence of the firearm on hotel premise:  is for storage purposes only; the firearm is and remains at all times unloaded; the firearm is and remains secured in a locked, hard-sided firearm container, provided by the guest, while transported to or from the state room and while stored therein; and the firearm remains securely safeguarded at all times in a locked guest room or locked personal vehicle, except when transporting the firearm to or from the state room.  Guests who fail to abide by this policy may be asked to leave the hotel premises, without refund.  The hotel premises are private property, and our firearms policy applies to:
(i)  all firearms, regardless of whether the firearm is a handgun or long-barreled gun; and
(ii) all guests and visitors, even those who possess a valid license or permit to carry a firearm.  The only exception to the restrictions described in this firearms policy statement is for law enforcement officers and designated military personnel, who are on-duty and required to carry firearms in the performance of their duties. 
GUEST SAFETY POLICY.    
 As part of our commitment to guest safety, employees of the hotel will not disclose the identity, room number or presence of a guest to anyone other than appropriate law enforcement.  This includes the taking of or delivery of messages or indirect forwarding of phone calls. It is the responsibility of guests to communicate their presence and room number to any person from whom they wish to receive calls or visits.       Safety cameras are used throughout the premises, and anyone on our property will be recorded.