TERMS OF SERVICE
These Terms of Service ["Terms"] are a contractual agreement [“Agreement”] between you and iCampSavvy, Inc. [hereinafter "iCampSavvy", "we", "us"] regarding your use of the iCampSavvy App and website located at https://icampsavvy.com [collectively “App”]. You agree to these terms by accessing, using or registering for the App.
By agreeing to these Terms of Service, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in Section 39.
FOR HOSTS. As a Host Listing Camping Sites on the App, you are solely responsible for identifying and complying with all laws, rules, and regulations including, but not limited to, zoning ordinances that apply to your property. In agreeing to these Terms, you understand some jurisdictions place restrictions on or may outright prohibit camping on your property. As a Host, you are solely responsible for complying with all laws, rules, and regulations as well as obtaining all required permits, licenses, and satisfying all other requirements in your area. When in doubt, consult with local legal counsel.
- DEFINITIONS. Certain words and phrases in these Terms shall carry specific definitions:
(a) “Camper(s)” - A party or parties seeking to book a camping site listed on the App.
(b) “Host(s)” - a party Listing camping site(s) available for booking on the App.
(c) “Camping Site(s)” - locations listed by a Host for camping on the App.
(d) “Listing(s)” - Camping Sites listed on the App by a Host.
(e) “Member(s)” - A party registered with and using the App.
All other words and phrases shall be interpreted to have their customary meanings as used in American English.
- UNITED STATES USE ONLY. The intended audience for the App consists of individuals in the United States only. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the App should not be construed as iCampSavvy purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.
- AGE. You affirm that you are 18 years of age, an emancipated minor, or possess legal parental or guardian consent and are able and competent to enter into these Terms and abide by the conditions herein.
- OUR SERVICE. We provide independent parties with a digital platform where Camping Site bookings can be arranged. Any booking between a Host and Camper shall constitute an agreement directly between those parties, and iCampSavvy shall not be considered a party to that contract. We do not act as a broker, travel agent, or real estate agent in such transactions nor do we own, create, sell, resell, control, provide, manage, offer, deliver, or supply any Listings on the App. We do not guarantee or control the quality, safety, suitability, or legality of any Camping Sites nor the accuracy of any Listings or the conduct or performance of any Host or Camper.
- REGISTRATION. To access the App, you must register for an account regardless of whether you are a Camper or Host. You agree to provide accurate, current, and complete information when registering and to keep the information you provide updated. You may sign up for only one account at a time, and may not assign or transfer your account to any other party. If you are registering on behalf of a company, you represent and warrant you are authorized to legally bind the company and agree to all conditions detailed in these Terms.
- LICENSE TO USE APP. When you create an account with the App, we grant you a limited, terminable, non-exclusive right to access and use the App. This license is solely for the non-commercial use of the App for purposes other than listing and booking Camping Sites. You may not open multiple accounts under this license. This license does not grant you the right to use any of the trademarks, service marks, or logos owned by us or by any third party. We reserve the right to terminate this license at any time without cause and in our sole discretion.
- REQUIREMENTS SPECIFIC TO HOSTS. As a host, you acknowledge and agree to comply with the following requirements when using the App:
- You agree to only off Listings for Camping Sites on property you own or are authorized to offer for camping purposes;
- You agree to be solely responsible for investigating and complying with any laws, regulations, or rules that apply to the offering of Camping Sites in your area;
- When creating a Listing on the App, you agree to provide accurate and complete information about the Camping Site;
- When creating a Listing on the App, you agree to provide accurate and complete information regarding any limitations and deficiencies that apply to the Camping Site such as to the number of people allowed and physical fitness required to access the Camping Site;
- When creating a Listing on the App, you agree to provide images of the specific Camping Site offered as is, and not Camping Sites staged for marketing purposes;
- You agree to keep all Listings up to date by noting any material changes in any Listing within 24 hours of the occurrence of the material change.
- You agree to provide iCampSavvy with any requested documentation regarding the Camping Sites you list or intend to list on the App.
- You agree to mark out all dates on the App calendar that each of your listed Camping Sites is NOT available to Campers;
- Any terms and conditions including in your Listing must not violate these Terms and, if they do, you agree these Terms shall apply;
- You agree not to circumvent the iCampSavvy payment system;
- You agree and understand that any paid booking constitutes an agreement directly between you and the Camper and that any legal rights and remedies you have are directly against the Camper and not iCampSavvy;
- You agree to review current insurance policies to determine if any additional insurance is required or prudent given your offer Camping Site Listings for your property.
- You agree not to discriminate against any other Member or individuals accompanying the Member at a Camping Site based upon their race, gender, disability, marital status, sexual orientation, age, or gender identity.
- REQUIREMENTS SPECIFIC TO GUESTS. As a Camper, you acknowledge and agree to comply with the following requirements when using the App:
- Upon receipt of a booking confirmation for a Camping Site, you understand and agree that you have entered into a legally binding agreement directly with the Host offering the Listing in question and agree to be bound by and any terms and conditions the Host has included in the Listing;
- You agree to pay any and all listed price for any Camping Site booking you make subject to our cancellation, modification, and refund terms detailed in this Agreement;
- You understand and agree that the Host is granting you a license for the period described in the Listing to access and camp on the indicated land and the Host may enter the Camping Site at any time during your stay;
- You agree to leave the Camping Site no later than the checkout time indicated in the Listing unless the Host has agreed in writing to an alternative checkout time;
- If you fail to leave a booked Camping Site by the indicated checkout time in the booking, you agree that the Host may reenter the Camping Site without limitation and may use any and all legal options to remove you from the site including, but not limited to, seeking the assistance of law enforcement as applicable pursuant to local law;
- If you fail to leave a booked Camping Site by the indicated checkout time in the booking, you agree that the Host has the right to charge you up to twice the price you paid for the original booking for all or part of each subsequent 24 hour period you remain on the property. You further agree that you are authorizing iCampSavvy to process such charges against the payment resource you used for payment of the original booking of the Listing;
- If you arrange to stay additional days beyond the original booking with a Host, you agree to make payment for such days solely through the App payment system, and agree that your failure to so act is a material breach of this Agreement and grounds for your termination as a Member.
- FEES FOR BOOKINGS - We charge particular fees when a Camper pays to book a Camping Site Listing on the App. The Host will be charged 6 percent of the booking amount at the time of the transaction. If iCampSavvy is required to withhold or charge a tax on a transaction, the amount will also be deducted from the payment to the Host. These fees are non-refundable. We reserve the right to modify the booking fees at any time pursuant to the modification provisions found in these Terms.
A. Disbursements to Hosts. Except as otherwise provided in these Terms, iCampSavvy will hold all payments made by Campers to Hosts until such time as Campers checkout of the relevant Camping Site. Should Camper make a legitimate request during this period, a full refund shall be issued. Should Camper fail to make such a request that we approve by the time of checkout, the funds minus fees for bookings shall be disbursed to Host after the checkout period has passed. Should iCampSavvy receive a chargeback or reversal of charge for a Host booking, the amount of the charge and all fees associated with it shall be deducted from Host’s future disbursements until said fees and costs are accounted for.
- DATA CHARGES. You agree that you are responsible for all data charges incurred when using the App.
- BOOKING PROCESS. Host and Campers agree to comply with the following procedure for booking Camping Sites through the App.
B. Booking – Campers may browse Camping Site Listings provided by Hosts in the App. A Camper may send a request to book a particular Camping Site to the relevant Host. The Host shall reject or accept the booking request. Upon acceptance, the Camper shall have 24 hours to make payment on the booking through the App payment system. If Camper fails to make payment in this time period, the Host shall have the option to grant an additional 24 hour period or reject the booking request. If the Host grants an additional 24 hour period and the Camper fails to make payment during the extended period, the booking request will be automatically rejected.
- REJECTED BOOKINGS. As part of the booking process for Camping Sites, Hosts must approve or reject requested bookings. Hosts agree to comply with the following requirements when doing so.
A. Acceptable Reasons – A Host may reject a booking request for a variety of reasons including, but not limited to, the following:
- the requesting party does not meet the specifications of the Camping Site [ex: too many people];
- unforeseen complication such as damage to the Camping Site has occurred;
- weather forecasts for the requested date suggest camping may be unsafe;
- the Host or their immediate family suffers an emergency situation such as hospitalization;
- a legal or tax issue arises regarding the Camping Site.
B. Unacceptable Reasons – a Host may not reject a booking request from a Camper for any of the following reasons:
- Because of the race, gender, disability, marital status, sexual orientation, age, or gender identity of the Camper;
- Because of any reason that would be illegal under the laws of the United States or the state either the Camper, Host, or Camping Site are located in;
- Because of any reason that would violate these Terms.
- BOOKING MODIFICATIONS. Campers and Hosts may modify bookings as follows:
A. Campers – If you have booked and paid for a Camping Site through the App, you may modify the booking up to 24 hours before the check-in time indicated on the Listing so long as the Host agrees to the modification. You must contact the Host as soon as possible through the App messaging system to request a modification. If a modification can not be agreed upon between the parties, you may cancel the booking so long as you do so at a time 24 hours before check-in. If you seek to modify or cancel less than 24 hours before the check-in time, there will be no refund of the payment made for the booking.
B. Hosts – Hosts may seek to modify paid bookings by Campers up to 72 hours prior to the check-in time for that booking. Host must immediately contact Camper using the App messaging service, and Camper must agree to the modification. If an agreement cannot be reached, the Host may cancel the booking so long as Host does so 72 hours before check-in. If the Host seeks to modify or cancel the booking less than 72 hours prior to check-in, the Camper shall receive a full refund of the paid fee.
- BOOKING CANCELLATIONS AND REFUNDS
A. Camper Refunds – You may cancel an attempted booking at any time before a Host approves the requested booking. If a Host approves and you pay for a booking, you may cancel the booking up to 24 hours before the date and time of check-in listed in the booking and you will receive a full refund. If a Host cancels your paid booking less than 72 hours before check-in, contact iCampSavvy at firstname.lastname@example.org to obtain a full refund.
B. No Refunds for Campers – Campers who cancel a booking less than 24 hours before the date and time of check-in indicated in the booking shall be entitled to no refund. Furthermore, refunds are not granted based on the quality of the Camping Site or experience you have when camping at the booked location.
C. 72 Hour Cancellation By Host – Hosts may cancel a paid booking up to 72 hours before the date and time of the check-in listed in the booking. Campers will receive a full refund of the paid booking fee.
D. Less Than 72 Hour Cancellation By Host - Hosts may not cancel a paid booking less than 72 hours before the date and time of check in unless just cause exists. Just cause shall be defined as an event or condition that occurs in a brief time frame and materially affects the Host or Camper. Events and conditions include, but are not limited to:
- Damage to the Camping Site making it unfit for the Campers;
- A reasonable expectation of severe weather that would endanger the Campers such as tornadoes or hurricanes.
- Personal developments such as hospitalization of the Host or a family member.
iCampSavvy shall determine in its sole discretion whether a Host has a legitimate reason for canceling a booking within 72 hours of check-in. Should a Host have three or more cancellations within 72 hours of the date and check-in time of bookings that are not justified within a six month period, the Host’s membership in the App shall be terminated.
- MEMBERSHIP CANCELLATION. Hosts and Campers may cancel their accounts at any time with the App by visiting the Settings page within the App and selecting the cancel option. At the time of cancellation, all Listing and bookings will terminate automatically. Any and all outstanding payments due by Campers shall remain due. All payments due to Hosts shall be issued within a reasonable time by iCampSavvy with, however, 25 percent of said payment being held three months to account for any chargebacks or reversals issued by a payment resource on behalf of Campers.
- MEMBERSHIP SUSPENSION. We reserve the right to suspend the membership of any Host or Camper at any time if we determine in our sole discretion or have a good faith belief that the Host or Camper is violating these Terms; acting in a manner that harms the iCampSavvy brand; is breaking any law, regulation, or rule; or is negatively impacting other Members of the App.
- DAMAGES TO CAMPING SITES. Should a Host determine a Camper has caused damage to a Camping Site beyond normal wear and tear, Host’s sole legal option shall be to pursue Camper directly for any damages. Host may, at their option, submit notice of the damage to us at email@example.com with appropriate documentation and photos or video evidence. If we determine in our sole discretion that a Camper has damaged a Camping Site beyond normal wear and tear, we will suspend and terminate the Camper’s membership with the App. Such a remedy shall not be considered to waive any other legal rights or options available to the Host or iCampSavvy against any Campers.
- NO BACKGROUND CHECKS. iCampSavvy does not perform background checks on any individuals registering for the App. We make no representations, guarantees or warranties regarding individuals who become Members of the App, the content they upload to the App, their claims or their actions. Use common sense and always keep safety in mind when communicating with other Members and meeting Members offline.
- MEMBER VERIFICATION. We reserve the right to demand certain documentation from Members at any time and in our sole discretion for the purposes of verifying the identity of the Member in question, verifying a Listing, or verifying a Member has the authority to offer camping in a particular location. We also reserve the right in our sole discretion to, and you consent to, perform background checks on a Member or potential Member including, but not limited to, accessing third party and criminal record databases to assist with the investigation of a transaction conducted or attempted through the App.
- PAYMENT PROCESSING. As a courtesy to Members, iCampSavvy provides payment processing services for Camping Site bookings. You agree to the following when using these payment processing services.
A. You must add a payment resource (for Campers) or payout destination (for Hosts) to the App to use the payment processing system. When you add a payment resource or payment destination, you will be asked to provide customary billing information such as name, billing address, and financial information either to us or a third-party payment processor we use. You must provide accurate, current, and complete information, and it is your obligation to keep your payment resource or payment destination current at all times.
B. You are solely responsible for the accuracy and completeness of your payment resource or payment destination information. iCampSavvy is not responsible for any loss suffered by you as a result of incorrect payment resource or payment destination information provided by you.
C. The App is intended for use only by Members located within the United States. You may not use our payment system to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not included on any U.S. Government list of prohibited or restricted parties.
- PROHIBITED ACTS. You are required to comport yourself responsibly when using the App. We may, but have no obligation to, remove, edit, block, and/or monitor accounts containing content that we determine in our sole discretion violates these Terms. The following acts constitute a non-exhaustive list of examples of conduct that may result in the termination of your account by us in our sole discretion. When accessing and using the App, you are prohibited from:
- violating these Terms;
- violating any applicable laws or regulations including zoning laws;
- booking a Camping Site on behalf of another person;
- Listing a Camping Site as a Host on behalf of another person;
- Listing a Camping Site as a Host for which you are not the owner or authorized to list;
- using a payment system other than provided through the App for a booking between Campers and Hosts on the App;
- sending unsolicited messages to other Members;
- Implying you are affiliated with or endorsed by iCampSavvy;
- republishing any personal information of another Member on any other website or app;
- discriminating against any other Member based upon their race, gender, disability, marital status, sexual orientation, age, or gender identity; or
- scraping or otherwise infringe on the intellectual property of iCampSavvy.
- DISPUTES. Any dispute between a Host and Camper must be resolved directly between the two parties. We do not offer dispute resolution services at this time, but may elect in our sole discretion to voluntarily interact with both parties in an effort to reach a resolution to any disputes. Contact us at firstname.lastname@example.org should such a situation arise.
- TAXES. We do not collect or withhold taxes on behalf of any Members of the App. If you register as a Host, you agree to provide us with requested tax information so that we may report any necessary financial and tax information including, but not limited to, MISC-1099 tax information returns to relevant tax authorities. You understand it is your sole responsibility to determine if any fees or taxes must be collected for bookings you obtain through the App and that you are solely responsible for undertaking such collections and payments. Should iCampSavvy determine in our sole discretion that we must withhold or collect taxes on payments due to a Host, you consent to such withholding or collection and agree to cooperate with us in the facilitation of such acts. Should a Host fail to comply with this section, you agree that iCampSavvy may freeze and confiscate all payouts then due to a Host in payment of said taxes without waiving iCampSavvy’s right to pursue further legal action to recover any additional tax payments due.
- USER CONTENT AND DATA. We do not claim ownership of any materials you post to the App. Instead, you grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use information or other content (“User Content”) you upload to the App including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content for the purpose of publishing said User Content on the App and in marketing materials and content promoting the App. Your ability to access and use the App shall act as legal consideration for said license. You agree that we may publish or otherwise disclose the profile and contact information you provide to facilitate bookings through the App as well as communications between us, you, and Hosts. By posting User Content on the App, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
By using the App, you grant us permission to access and gather data from your device to facilitate the functioning of the App including, but not limited to, uploading images from the device that you select to initiate or participate in an iCampSavvy communication and the collection of contact information you provide to individuals you wish to communicate with through the App.
- CONTENT RESTRICTIONS. You may not post any content that:
- is fraudulent, false, misleading, or deceptive;
- promotes discrimination, bigotry, racism, bullying, hatred, harassment or other acts harmful to others;
- defames or libels another;
- is obscene, pornographic, vulgar, or offensive;
- promotes violence, is violent, or threatening against another person or group of people;
- promotes illegal activities or substances;
- is otherwise harmful to iCampSavvy, our Members, or Members’ property.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the App, you agree to respect the intellectual property rights of others. Your use of the App is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- DMCA AND COPYRIGHT INFRINGEMENT CLAIMS. We comply with the Digital Millennium Copyright Act [“DMCA] in regard to copyright infringement claims made against content uploaded by Members to the App. To submit a complaint, please visit our DMCA Policy. https://icampsavvy.com/digital-millennium-copyright-act-policy/
- CONFIDENTIALITY AND PASSWORDS. When you open an account to use or access the App, you must complete the registration process by providing the complete and accurate information requested on the registration form including your real name. You will also be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify iCampSavvy immediately of any unauthorized use of your account or password. iCampSavvy shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by iCampSavvy due to someone else’s use of your account or password.
- ALLEGED VIOLATIONS. We reserve the right to terminate your use of the App without cause and in our sole discretion. To ensure that iCampSavvy provides a high quality experience for you and for other users of the App, you agree that iCampSavvy or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of infringement of third party rights, claims you’ve violated these Terms, have acted illegally, or other unauthorized uses of the App. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the App immediately, with or without notice to you, and without liability to you, if we believe you have violated any of these Terms, furnished us with false or misleading information, or interfered with use of the App by others.
- NO WARRANTIES. ICAMPSAVVY HEREBY DISCLAIMS ALL WARRANTIES. ICAMPSAVVY IS MAKING THIS APP AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICAMPSAVVY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP, YOUR PUBLISHING OR BOOKING OF ANY LISTING VIA THE APP, YOUR STAY AT ANY CAMPING SITE OR ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ICAMPSAVVY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE APP, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE APP, OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ICAMPSAVVY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ICAMPSAVVY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE APP OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE APP AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY ICAMPSAVVY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR FIVE HUNDRED U.S. DOLLARS (US$500), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- THIRD PARTIES WEBSITES, APPS, AND SERVICES. We have no control over, and no liability for any third party websites, apps, or materials appearing on the App including, but not limited to, links to social media websites. Because we have no control over the content and performance of these third parties, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such parties, and iCampSavvy assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those online properties. Similarly, from time to time in connection with your use of the App, you may have access to content items (including, but not limited to, camp site images and descriptions) that are owned by third parties. You acknowledge and agree that iCampSavvy makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
- PROHIBITED USES. We impose certain restrictions on your permissible use of the App. You are prohibited from violating or attempting to violate any security features of the App, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, Host, or network, or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code or programming used by us in creating and providing the App. Any violation of the App, system or network security may subject you to civil and/or criminal liability.
- FEEDBACK AND BUGS. We welcome any submissions by Members alerting us to bugs with the App or ways to improve the App. However, you understand and agree that when submitting such information to us, you are granting us a non-exclusive, irrevocable, royalty-free, sub-licensable, assignable, perpetual license to use such submissions to improve the App in any manner we determine in our sole discretion, without compensation to you.
- INDEMNITY. You agree to indemnify iCampSavvy for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless iCampSavvy, its officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the iCampSavvy App; (ii) your violation of these Terms, (iii) your interaction with any Member or individuals accompanying a Member at a Camping Site; (iv) your infringement of any intellectual property or other right of any person or entity; (v) any duty iCampSavvy is determined to have in relation to the collection of taxes or fees for your bookings by a government agency or court; or (vi) your breach of any laws or regulations. iCampSavvy will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- COPYRIGHT. All contents are © 2017 – iCampSavvy, Inc. All rights reserved.
- ARBITRATION AGREEMENT. By agreeing to these Terms of Service, you agree to resolve any claim that you may have against iCampSavvy on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against iCampSavvy, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against iCampSavvy by someone else.
A. Agreement to Binding Arbitration Between You and iCampSavvy. You and iCampSavvy agree that any dispute, claim or controversy arising out of or relating to (i) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, (ii) your access to or use of the App or(iii) your interaction with any Member or individuals accompanying a Member at a Camping Site (iv) any duty iCampSavvy has in relation to the collection of taxes or fees for your bookings by a government agency or court; or (v) your breach of any laws or regulations will be settled by binding arbitration between you and iCampSavvy, and not in a court of law.
B. You acknowledge and agree that you and iCampSavvy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and iCampSavvy otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and iCampSavvy each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
C. Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing withing 30 days of purchasing a Product. To opt-out, just contact us at email@example.com using the phrase “opt-out of arbitration agreement” in the subject matter of the message, and your name in the body of the message.
D. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, App liability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it pursuant to the Supreme Court decision in AT&T Mobility vs Concepcion and subsequent case law. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California and the parties expressly agree the venue of any action shall be in civil court in the County of San Diego, California or the United States District Court for the Southern District of California located in San Diego, California, as appropriate for the particular claims asserted.
D. Small Claims Court. The parties agree that if you have a claim against us with a damage request that does not exceed $10,000, Members may opt-out of this clause and pursue the dispute in the San Diego Small Claims Court system by giving notice to us at firstname.lastname@example.org.
E. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). We hereby consent to receive such notifications at icampsavvy@iCampSavvy.com. The Arbitrator will be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
F. Location and Procedure. Unless you and iCampSavvy otherwise agree, the arbitration will be conducted in San Diego, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and iCampSavvy submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary or elect to skip arbitration and proceed to small claims court.
G. The Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.
H. Fees. The parties agree to split all fees of the arbitration charged by AAA equally.
I. Changes. If iCampSavvy changes this Arbitration Agreement after the date you first agreed to this Agreement (or to any subsequent changes), you may reject any such change by providing iCampSavvy written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided in an email message sent to icampsavvy@iCampSavvy.com. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and iCampSavvy in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement (or to any subsequent changes to the Terms).
J. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Service; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
K. Court Jurisdiction Alternative. Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be either the civil courts located in the County of San Diego, California or the United States District Court for the Southern District of California located in San Diego, California, as appropriate for the particular claims asserted.
- INDEPENDENT CONTRACTORS. The relationship of Campers, Hosts, and iCampSavvy is that of independent contractors. The parties hereto are not deemed to be agents, partners or joint venturers of the others for any purpose as a result of this Agreement or the transactions contemplated via the App.
- WAIVER. Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time shall not be construed or deemed to be a waiver of such party's rights under this Agreement and shall not affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action.
- SEVERABILITY OF TERMS. If any term, condition, or provision of this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition, or provision shall be enforced to the maximum extent permitted by law or, if not enforceable, shall be severed from the remaining terms, conditions, and provisions, which shall remain in full force and effect.
- TERMS UPDATES. We reserve the right to update these Terms at any time in our sole discretion. If we modify or update these Terms, we will provide a thirty (30) day period pursuant to which Members may accept or reject the update. We will notify you of the update the next time you access the App after the implementation of the update. Should you reject such an update, your account will be terminated.
- ENTIRE AGREEMENT. This Agreement along with all incorporated references detailed herein supersedes all prior discussions, representations, warranties, and agreements, both written and oral, among the parties with respect to the subject matter hereof, and contains the sole and entire Agreement among the parties with respect to the subject matter hereof.
- CONTACT. If you have any questions regarding these Terms, please contact us at email@example.com.