Effective Date: May 24, 2026
Last Updated: May 24, 2026
These Terms and Conditions ("Terms") form a binding legal agreement between you ("you," "your," or "User") and Mountain Mama Cabins LLC, a Tennessee limited liability company ("Mountain Mama Cabins," "Mama Cabins," "we," "our," or "us"). These Terms govern your access to and use of the website located at mamacabins.com, any subdomains, mobile interfaces, email and SMS communications, and any related services, content, or marketing platform that we operate (collectively, the "Services").
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 17. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.
Please also review our Privacy Policy, which is incorporated into these Terms by reference and explains how we collect and use information.
The Services are intended only for individuals who are at least eighteen (18) years of age and who can form a legally binding contract under applicable law. By using the Services, you represent and warrant that you (a) are at least 18 years old; (b) have the legal capacity to enter into these Terms; (c) will use the Services in compliance with these Terms and all applicable laws; and (d) the information you provide to us is true, accurate, current, and complete.
The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe we have collected information from a child under 13, please contact us so we can delete it.
Mountain Mama Cabins LLC is strictly a marketing and advertising platform. We are not a travel agency, tour operator, real estate broker, property manager, landlord, lessor, lessee, booking agent, escrow agent, or insurer.
Nothing in the Services creates an agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and Mountain Mama Cabins LLC.
You acknowledge and agree that:
Content on the Services — including property descriptions, photographs, amenities, bedroom counts, square footage, occupancy limits, maps, distances, pricing, availability, ratings, reviews, blog posts, itineraries, event listings, area guides, weather and seasonal information, and AI-generated content — is provided for general informational and marketing purposes only. We make commercially reasonable efforts to keep information current, but we do not warrant that any content is accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
You should independently verify all material details — including pricing, availability, amenities, accessibility, occupancy, pet policies, location, distances, and event details — with the property owner, manager, applicable booking platform, or event organizer before relying on them or making a reservation or travel decision.
You acknowledge that travel to and lodging in mountain, rural, and wilderness areas (including the Great Smoky Mountains region, Sevier County, Tennessee, and surrounding areas) involves inherent and unavoidable risks. These risks include, without limitation: severe and rapidly changing weather; flooding, landslides, rockfalls, snow and ice; remote or steep terrain and limited road access; wildlife encounters (including bears, snakes, and insects); hot tubs, swimming pools, water features, fire pits, fireplaces, decks, balconies, stairs, and outdoor recreational equipment; hiking, swimming, boating, skiing, ATV, horseback, zipline, and other outdoor activities; loss of utilities, internet, or cellular service; allergens, mold, and other environmental conditions; and the acts or omissions of third parties.
YOU VOLUNTARILY ASSUME ALL RISKS — KNOWN AND UNKNOWN — ASSOCIATED WITH YOUR TRAVEL, LODGING, AND ACTIVITIES, INCLUDING THE RISK OF PROPERTY DAMAGE, BODILY INJURY, ILLNESS, OR DEATH TO YOU OR ANY MEMBER OF YOUR PARTY. YOU AGREE THAT MOUNTAIN MAMA CABINS LLC IS NOT RESPONSIBLE FOR PROVIDING WARNINGS OR SUPERVISION AND IS NOT LIABLE FOR ANY INJURY, ILLNESS, DAMAGE, OR LOSS RESULTING FROM SUCH RISKS.
You are responsible for obtaining adequate travel, medical, and trip-cancellation insurance for yourself and all members of your party.
THE SERVICES, AND ALL CONTENT, INFORMATION, RECOMMENDATIONS, AND MATERIALS PROVIDED THROUGH THEM, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN MAMA CABINS LLC AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "MMC PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
THE MMC PARTIES DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR ANY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY CONTENT, INFORMATION, OR RECOMMENDATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE NOT PERMITTED, THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MMC PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS, VACATIONS, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MMC PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY PROPERTY CONDITION, LISTING, RESERVATION, STAY, CANCELLATION, OR REFUND; (C) PERSONAL INJURY, ILLNESS, OR DEATH; (D) PROPERTY DAMAGE, THEFT, OR LOSS; (E) INACCURATE, INCOMPLETE, OR MISLEADING CONTENT; (F) DOUBLE BOOKINGS, OVERBOOKING, OR NO-SHOWS; (G) ACTS OR OMISSIONS OF PROPERTY OWNERS, MANAGERS, GUESTS, OR ANY THIRD PARTY; (H) FORCE MAJEURE EVENTS; OR (I) FRAUDULENT, UNAUTHORIZED, OR UNLAWFUL ACTIVITY BY ANY THIRD PARTY.
IF, NOTWITHSTANDING THE FOREGOING, THE MMC PARTIES ARE FOUND LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE MMC PARTIES TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00) OR (II) THE AMOUNT YOU PAID DIRECTLY TO MOUNTAIN MAMA CABINS LLC (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this Section apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, the MMC Parties' liability is limited to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, you (on behalf of yourself, your heirs, executors, administrators, assigns, and members of your travel party) hereby RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS the MMC Parties from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys' fees) of any kind, whether known or unknown, arising out of or in any way related to your use of the Services, any property listing, any stay or attempted stay at any property, any payment or refund, any interaction with property owners, managers, or other users, or any injury, illness, death, or property damage you or your party may sustain.
If you are a resident of California, you expressly waive the protections of California Civil Code §1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar provision in any other jurisdiction.
When using the Services, you agree to:
You agree NOT to:
We reserve the right (but have no obligation) to investigate and to suspend, restrict, or terminate your access to the Services for any actual or suspected violation of these Terms, without notice and without liability to you.
The Services and all content, features, and functionality — including text, graphics, logos, icons, images, photographs, audio, video, software, code, design, layout, look and feel, blog posts, itineraries, area guides, AI-generated content, and the selection and arrangement thereof — are the exclusive property of Mountain Mama Cabins LLC, its licensors, or its content suppliers, and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property and unfair competition laws.
"Mountain Mama Cabins," "Mama Cabins," the Mama Cabins logo, and related names, marks, and slogans are trademarks of Mountain Mama Cabins LLC. You may not use any of our trademarks without our prior written consent. All other trademarks appearing on the Services are the property of their respective owners.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. No other right, title, or interest is granted, and any rights not expressly granted are reserved.
If you submit any content to or through the Services — including reviews, ratings, photos, comments, questions, testimonials, social media posts, suggestions, or feedback ("User Content") — you represent and warrant that you own or have the necessary rights to submit it and that the User Content does not infringe any third-party right or violate any law.
You grant Mountain Mama Cabins LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid, non-exclusive, sublicensable, and transferable license to use, copy, store, modify, adapt, translate, create derivative works of, publicly perform, publicly display, distribute, and otherwise exploit your User Content in any media now known or hereafter developed, for any purpose, including marketing and promotion of the Services and our business, without compensation, attribution, or notice to you. You waive any moral rights in your User Content to the extent permitted by law.
We may, but are not obligated to, monitor, edit, refuse to post, or remove any User Content for any reason in our sole discretion.
We respect the intellectual property rights of others. If you believe that content on the Services infringes your copyright, please send a written notice to our designated agent that includes the information required by 17 U.S.C. § 512(c)(3):
Send DMCA notices to: hi@mamacabins.com with the subject line "DMCA Notice." We may, in appropriate circumstances and in our sole discretion, remove allegedly infringing material and terminate the accounts of repeat infringers.
The Services may contain links to, integrations with, or content from third-party websites, applications, platforms, or services — including Airbnb, VRBO, Hospitable, Stripe, Google Maps, social media platforms, event organizers, weather services, and others (collectively, "Third-Party Services"). Third-Party Services are not owned or controlled by us, and we are not responsible for their content, privacy practices, terms, availability, accuracy, safety, or security.
Your use of any Third-Party Service is at your own risk and is governed by the third party's own terms and privacy policy. We make no representations or warranties about any Third-Party Service. The inclusion of any link or integration does not imply our endorsement.
By providing your email address, you consent to receive transactional, promotional, and marketing email communications from Mountain Mama Cabins LLC. You may opt out of marketing emails at any time by clicking the "unsubscribe" link in any marketing email or by contacting hi@mamacabins.com. We may still send you transactional or service-related messages (for example, responses to inquiries) after you opt out of marketing.
By providing your mobile phone number and submitting a form that requests text messages (such as "Text Me a Cabin"), you expressly consent to receive transactional and informational SMS/MMS text messages from or on behalf of Mountain Mama Cabins LLC at the number provided, including messages sent using an automatic telephone dialing system or similar technology. Your consent is not a condition of any purchase.
Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. To stop receiving text messages, reply STOP to any message; for help, reply HELP or contact us at hi@mamacabins.com. We will not share your mobile opt-in data or consent with third parties for their marketing purposes.
By providing contact information, you also represent that you are the subscriber to or customary user of the phone number or email address provided, or that you have permission to provide it.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the MMC Parties from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way related to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us. You will not settle any matter without our prior written consent.
Mountain Mama Cabins LLC will not be liable for any failure or delay in performance, or for any loss, injury, or damage, arising from events beyond our reasonable control, including without limitation acts of God; natural disasters (such as floods, fires, earthquakes, hurricanes, tornadoes, severe storms, snowstorms, or droughts); pandemics, epidemics, or public-health emergencies; war, terrorism, civil unrest, or government action; labor disputes, strikes, or shortages; utility, power, internet, telecommunications, or transportation outages; cyberattacks or denial-of-service attacks; or the failure or unavailability of any Third-Party Service.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF FROM US.
Agreement to Arbitrate. Except for the Excluded Disputes below, you and Mountain Mama Cabins LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including their formation, performance, interpretation, breach, or termination), whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, and not in court. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section.
Arbitration Procedure. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be Sevier County, Tennessee, and the arbitration will be conducted in English. The arbitrator may award the same damages and relief that a court could award, but only on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver. YOU AND MOUNTAIN MAMA CABINS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY.
Excluded Disputes. Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights.
30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to hi@mamacabins.com within thirty (30) days after first accepting these Terms. The notice must include your full name, address, email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms.
Severability of Arbitration Provisions. If the class action waiver above is found to be unenforceable in a particular case, then the entirety of this Section 17 will be null and void as to that case, but the remainder of these Terms will remain in full force and effect. If any other provision of this Section is found unenforceable, that provision will be severed and the remainder will be enforced.
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act. Subject to the binding arbitration agreement in Section 17, you agree that any judicial proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in Sevier County, Tennessee, USA, and you irrevocably consent to the personal jurisdiction and venue of those courts.
We may, at any time and in our sole discretion, suspend, restrict, modify, or terminate your access to all or any part of the Services, with or without notice, for any reason or no reason, including for any actual or suspected violation of these Terms. You may stop using the Services at any time.
The following Sections will survive termination of these Terms: 2 (Nature of Services), 3 (Bookings and Payments), 4 (Accuracy of Information), 5 (Assumption of Risk), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Release), 10 (Intellectual Property), 11 (User-Submitted Content), 15 (Indemnification), 17 (Arbitration), 18 (Governing Law), and 20–22 (Modifications, General, Contact).
We may modify these Terms at any time in our sole discretion. If we make material changes, we will update the "Last Updated" date at the top of these Terms and may provide additional notice (such as a website notice or email). The updated Terms are effective when posted. Your continued access to or use of the Services after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
Entire Agreement. These Terms, together with our Privacy Policy and any other terms or policies expressly incorporated by reference, constitute the entire agreement between you and Mountain Mama Cabins LLC concerning the Services and supersede all prior or contemporaneous understandings, agreements, communications, and representations.
Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms in whole or in part, without restriction.
No Third-Party Beneficiaries. Except for the MMC Parties (who are intended third-party beneficiaries of the disclaimers, limitations, releases, and indemnities in these Terms), these Terms do not create any third-party beneficiary rights.
Headings. Section headings are for convenience only and have no legal or contractual effect.
Notices. We may provide notices to you by email, by posting on the Services, or by other reasonable means. Notices to us must be sent to hi@mamacabins.com.
Export and Sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
Statute of Limitations. To the extent permitted by applicable law, you agree that any claim arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.
For questions regarding these Terms or our marketing platform (please note: we cannot assist with reservations, refunds, or property-specific questions — those must be directed to the property owner or applicable booking platform):
This summary is provided for convenience only and is not part of the Terms. The full Terms above control.