Terms of Service
Last revised: 02/28/2023
This Terms of Service Agreement (the "Terms") governs your use of the BookOutdoors platform to find and book or to advertise stays in outdoor travel accommodations (the "Services"), such as campsites, RV resorts, cabins, yurts, glamping and other types of outdoor hospitality (collectively, "Properties") that Outdoor Ventures, Inc. (doing business as BookOutdoors), a Delaware corporation ("BookOutdoors") offers through its copyrighted website located at www.bookoutdoors.com (the "Site"). By using the Services, you agree to these Terms. As used in these Terms, "you" or "User" means the person or organization for which the Services are used and to which the Services are provided. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by this reference into these Terms.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU DO NOT HAVE THE RIGHT TO ACCESS AND/OR USE THE SITE AND ARE PROHIBITED FROM DOING SO.
PLEASE BE AWARE THAT SECTION 17 (DISPUTE RESOLUTION) OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND BOOKOUTDOORS, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF COLORADO, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
Services. The Services provide: (a) individuals or entities seeking outdoor travel accommodations in Properties (each a "Guest") with the opportunity to find and book travel accommodations for Properties on the Site by browsing, selecting, reserving, and paying for Properties (each, a "Reservation") made available for booking by the Hosts who manage Properties through the Services ("Hosts"); and (b) Hosts to make their Property available to Guests through a posted advertisement for such Property on the Services (each, a "Listing"). The Terms apply to both Guests and Hosts and their use of the Services. If you are a Host, the Host Terms also apply to your use of the Services. You understand that the Properties are rented and not sold and that no transfer of real property or title thereto is involved in your purchase. Additional fees may apply. BookOutdoors does not own, operate, manage, or control the Properties or the Hosts. BookOutdoors will have no responsibility for the Properties or the quality thereof, nor do we have any authority to make representations or warranties regarding the standard or condition of the Properties. ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO YOUR RESERVATION AND RENTAL OF PROPERTIES AS PROVIDED BY BOOKOUTDOORS AND/OR HOSTS. Please read any such additional terms carefully.
Changes to Terms. PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY BOOKOUTDOORS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, BookOutdoors will make a new copy of these Terms available on the Site. We will also update the "Last Updated" section at the top of the Terms of Service Agreement. Any changes to these Terms will be effective immediately for new users of the Site and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site. Otherwise, your continued use of the Site constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
General Purpose of Terms: Sale of Service, not Software. The purpose of these Terms is for you to access and use the Site and Services. If applicable, any fees paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are any fees paid considered payment for the sale, license, or use of BookOutdoors's software, and, furthermore, any use of BookOutdoors's software by you in furtherance of these Terms will be considered merely in support of the purpose of the Terms.
Certain Terms Applicable to Guests.
4.1 Reservations. These Terms shall govern any Reservation. There may be additional terms and conditions that apply to any request for a Reservation or a Reservation that you make, including policies that are set by the applicable Host that owns or manages the applicable Property ("Property Policies"). These Property Policies may be set forth on the Service or otherwise communicated to you via a confirmation email for your Reservation. Your ability to make a Reservation for any Property is subject to (a) the availability of the Property and (b) payment of all fees and charges incurred in reserving and/or using the Property. A Reservation is not confirmed until you have received written confirmation of the same through the Service or via a confirmation email.
4.2 Property Policies. You agree to comply with all applicable Property Policies and applicable laws, rules, regulations, and local ordinances in connection with your use of the Service and any Reservation. You understand that a violation of the Property Policies may result in cancellation of your Reservation(s), in your being denied access to any Reservation or Property, or in your forfeiting any monies paid for such Reservation(s). You hereby authorize us to debit or charge your account, via the method of payment associated with your account, for any costs we incur as a result of such violation, including any property damage or physical injury you or those with you at the Property cause. BookOutdoors may at any time require that you agree to Supplemental Terms prior to booking certain types of Properties.
4.3 Damage to Property. You are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that you are responsible for (a) your own acts and omission in connection with any Property and (b) the acts and omissions of any third parties to whom you provide access to the Property, including without limitation any guests or invitees.
4.4 Loyalty Program. As part of the Services, you may be eligible to join our free loyalty program (the "Loyalty Program"). By participating in the Loyalty Program, you can earn points for bookings and redeem available points for discounts and other rewards on the Site. BookOutdoors reserves the right, in its sole discretion, to remove you from the Loyalty Program and reserves the right to freeze or rescind any points you have accrued through the Loyalty Program without compensation of any kind. You understand and agree that points accrued through the Loyalty Program cannot be redeemed for US dollars or any other monetary value to be used independently of the Services or the Site.
Your Use of the Services.
5.1 Account Creation. In order to use certain features and benefits of the Site, you must register for an account behalf (each an "Account") and provide certain information BookOutdoors requests from you (e.g., your name and email address). You may also provide BookOutdoors access to a valid account on the social networking service ("SNS") through which you have connected to the Site (each such account a "Third-Party Account") and provide certain information about yourself as prompted by the account registration form ("Registration Data"). You represent and warrant that: (a) all required Registration Data you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. BookOutdoors may suspend or terminate your Account in accordance with Section 13 (Term and Termination).
5.2 Access Through a SNS. If you access the Site through a SNS as part of the functionality of the Site, you may link your Account with Third-Party Accounts, by allowing BookOutdoors to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to BookOutdoors and/or grant BookOutdoors access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating BookOutdoors to pay any fees or making BookOutdoors subject to any usage limitations imposed by such third-party service providers. By granting BookOutdoors access to any Third-Party Accounts, you understand that BookOutdoors may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, reviews, recommendations, contact information, addresses, descriptions and/or other materials accessible through Site (collectively, "User Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site via your Account. Unless otherwise specified, all SNS Content shall be considered to be User Content for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable, or BookOutdoors's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND BOOKOUTDOORS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. BookOutdoors makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and BookOutdoors is not responsible for any SNS Content.
5.3 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify BookOutdoors of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. BookOutdoors cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5.4 Your Use. In your use of the Site, you will: (a) be responsible for any necessary hardware, software and connectivity required to access the World Wide Web and use the Services, including without limitation, any fees associated with establishing and maintaining such access; (b) be responsible for your compliance with these Terms, (c) be solely responsible for the accuracy, quality, integrity and legality in all applicable jurisdictions of any User Content, the means by which you acquired User Content, and for securing our right to retrieve and store User Content in connection with the Services, (d) prevent unauthorized access to or use of the Services, and (e) use the Services in a manner consistent with all applicable laws and regulations.
5.5 License. Subject to these Terms, BookOutdoors grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
5.6 Restrictions. You will not (a) make the Services available to any third party, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights, or (d) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
5.7 Communications. By using the Service, you agree to accept and receive communications from BookOutdoors, Hosts or other third-party providers in connection with the Services, including via email, text message, calls, and push notifications to the cellular phone number that you provide to BookOutdoors. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of BookOutdoors, Hosts or third-party providers, including but not limited to communications concerning bookings placed through your account on the Services. Message and data rates may apply. You may opt-out of receiving these communications by emailing [email protected].
5.8 Compliance with Laws and Regulations. BookOutdoors will comply with all relevant laws and regulations applicable to the Service. BookOutdoors is not, however, responsible for compliance with laws or regulations that apply to you or to your use of the Service that are not generally applicable to online services or service providers.
Policies and Security.
6.2 Feedback. You agree that BookOutdoors will have the unrestricted right to use any feedback and related information you provide regarding the Services, including without limitation, any flaws, errors, bugs, anomalies, comments, and problems with and/or suggestions, ideas for enhancement or improvements to features and functionality for the Services.
6.3 Modification/Discontinuation. BookOutdoors reserves the right to modify or discontinue the features, functionality, and other attributes of the Services at any time in its sole discretion. You acknowledge and agree that BookOutdoors will not be liable to you in connection with its modification or discontinuation of the Services.
6.4 Confidential Information. You and BookOutdoors shall each comply with legal requirements pertaining to confidential information and treat data processed in connection with these Terms as such. You and BookOutdoors will each implement the necessary measures designed to prevent unauthorized third-party access to such information and to only use confidential information for the performance of these Terms. You and BookOutdoors shall each ensure that access to confidential information is limited to authorized employees, agents, suppliers or other third parties and that such parties are subject to confidentiality obligations at least as restrictive as the terms of this clause. The confidentiality obligations in this clause do not apply with respect to information that: (a) you or BookOutdoors were familiar with prior to entering these Terms, (b) is documented to have been disclosed to you or BookOutdoors by a third party that has not been subject to a confidentiality clause, or (c) is publicly available. The confidentiality obligations in this clause shall survive the termination of these Terms.
6.5 Security. BookOutdoors will use industry standard efforts designed to maintain the confidentiality of your Registration Data and User Content. Although BookOutdoors will implement and follow measures to protect against unauthorized access to or interception of your User Content, you acknowledge and agree that BookOutdoors cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. You acknowledge and agree that BookOutdoors may disclose information about you or your use of the Services if compelled by law to do so, or if such action is deemed by BookOutdoors as reasonably necessary to (a) comply with any applicable laws rules or regulations; (b) comply with any legal process; (c) enforce these Terms; (d) respond to claims that such information violates a third party's rights; or (e) protect the interests of BookOutdoors or others.
Fees. All fees for Properties displayed on the Site are expressed in U.S. dollars and are subject to change without notice. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The rates for each Reservation are set by the applicable Host. BookOutdoors may from time to time apply promotional discounts, that are subsidized by BookOutdoors. BookOutdoors facilitates these Reservations through the Services and by facilitating the exchange of money as described below. All payments must be made through the Services. You understand and agree that BookOutdoors itself does not process the transmission of funds and thus it is not a separate and discrete service that BookOutdoors provides in addition to the Services. You must provide BookOutdoors or the appliable third party such as Uplift, Inc. with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider"), or purchase order information, as a condition to booking a Property. Your Payment Provider agreement governs your use of the designated credit card or payment account, and you must refer to that agreement, not these Terms, to determine your rights and liabilities. By providing BookOutdoors with your credit card number or payment account and associated payment information, you agree that BookOutdoors is authorized to immediately invoice your Account for all fees and charges due and payable to BookOutdoors hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or payment account used for payment hereunder. BookOutdoors reserves the right at any time to change its rates and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
Cancellations, Refunds, and Insurance.
8.1 Cancellations and Refunds. Cancellations and refunds for your Reservation through the Site will be subject to the terms and conditions provided by Hosts on a case-by-case basis. Please read all such terms and conditions carefully. You understand and agree that Hosts may require a notice period in order for you to be eligible for a refund in the event that you cancel a Reservation. You understand and agree that BookOutdoors is not responsible for such policy or for determination of whether or not you are eligible for such refund. BookOutdoors is not responsible for any dispute that may arise between you and a Host. You are responsible for any modifications that you make to your bookings. If the Host issues a refund, BookOutdoors will return such refund amount to you in full.
8.2 Travel Insurance. Through the third party service provider, Pattern Insurance Services, Inc.("Pattern"), BookOutdoors will provide you with weather protection insurance for all eligible bookings created through the Site, subject to Pattern's terms and conditions, which can be found at https://patterninsurance.com/wp-content/uploads/2021/12/TermsConditions.pdf, as may be updated from time-to-time in Pattern's sole discretion, and any additional terms and conditions included on our Site (the "Included Insurance"). Please review your travel insurance policy for further details and terms. You may also purchase additional travel insurance through our Site, which will be subject to further applicable terms and conditions.
Taxes. If BookOutdoors determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, it shall collect such Sales Tax in addition to the payments required under Section 7 (Fees) of these Terms. If any services, or payments for any services, under the Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to BookOutdoors, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify BookOutdoors for any liability or expense BookOutdoors may incur in connection with such Sales Taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Third Party Payment Provider. BookOutdoors uses Stripe, Inc. ("Payment Processor") as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Site and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement, as may be modified by the Payment Processor from time to time (collectively, the "Payment Processor Agreement"). As a condition of using the Payment Processor's payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor. All bank and credit card information is sent directly to and stored with the Payment Processor using its security protocols. BookOutdoors does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor's payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Site, or you may have your Account suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
Intellectual Property Rights.
11.1 Services and Technology. You acknowledge that BookOutdoors retains all right, title and interest in and to the Services, as well as to all proprietary software, materials, formats, interfaces, information, data and content used by BookOutdoors or provided to you in connection with the Services (the "BookOutdoors Technology"), and that BookOutdoors Technology is protected by intellectual property rights. Other than as expressly set forth in these Terms, no license or other rights in the Services are granted to you, and all such rights are hereby expressly reserved by BookOutdoors.
11.2 User Content. You retain all right, title and interest in and to the User Content. BookOutdoors will only use User Content to provide and/or improve the Services under these Terms. You grant to BookOutdoors a non-exclusive, fully-paid, and royalty-free license to store and use the User Content as necessary for BookOutdoors to provide and/or improve the Services. You understand and agree that BookOutdoors may share your User Content with merchants and contractors as needed in connection with delivery of the Services.
11.3 Anonymous and Aggregated Data. Notwithstanding anything else to the contrary in these Terms, BookOutdoors may aggregate and de-identify the information provided by you including, without limitation, information and data on how the Services are used by Users. BookOutdoors reserves the right to disclose to and share such information and data with third parties in an anonymous and aggregate form at its discretion.
Interactions with Other Users.
12.1 User Responsibility. You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that BookOutdoors reserves the right, but has no obligation, to intercede in connection with any such interactions and/or disputes. You agree that BookOutdoors will not be responsible for any liability incurred as the result of such interactions.
12.2 Subverting the Services. The value of the Services rests in its thriving marketplace for Guests and Hosts. You may not arrange for the Reservation of a Listing or the payments of fees to Hosts outside the context of the Site or Services, or otherwise attempt to circumvent your obligations under this Agreement. Any communications between a Guest and a Host must be limited to coordination of logistics for Reservations booked through the Services.
Term and Termination.
13.1 Term; Termination. These Terms shall apply for as long as you use the Services until terminated as set forth herein. BookOutdoors has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in BookOutdoors' sole and absolute discretion and that BookOutdoors shall not be liable to you or any third party for any termination or suspension of your Account. If you want to terminate the Services provided by BookOutdoors, you may do so by emailing BookOutdoors at [email protected] to close your Account for all the Services that you use.
13.2 Effects of Termination. The rights and duties of the parties under Sections 8, 11, 13.2 and 14 through 20 will survive the termination or expiration of these Terms. BookOutdoors shall have no liability to you as a result of its termination of the Services.
Release. You hereby release and forever discharge BookOutdoors (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, any third parties). If you have a dispute with one or more Host or other third-party provider, you agree to release BookOutdoors (including BookOutdoors's affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
15.1 Services Disclaimer. BookOutdoors makes no warranty concerning the Services, The loyalty program, or the Properties, and the Services and all data and materials provided in connection with these Terms are provided "as is" and "as available". BookOutdoors disclaims any and all warranties, express, implied, statutory, by operation of law or otherwise, including, without limitation, any implied warranties of noninfringement, merchantability or fitness for a particular purpose or any implied warranties arising out of course of performance, course of dealing or usage of trade. BookOutdoors does not warrant that the Site or the Services will be provided error-free, uninterrupted, completely secure, or virus-free. BookOutdoors is not responsible for any loss of data or harm done to your computer, systems or other equipment arising out of or relating to your use of the Site. you understand and agree that use of the Services is at your own risk and discretion. The Services include a platform through which Guests and Hosts can interact and transact with one another. BookOutdoors is not a real estate broker, real estate salesperson, insurer, or real estate agent. BookOutdoors has no control over the conduct of Hosts, Guests, other Users of the Site and/or services, or any other third-party or third-party property or Property. We are not an owner, operator, or provider of any Property nor do we manage and/or control Properties, transportation, or travel services, or any other aspect of your offline experience with respect to a Listing, Reservation, or Property.
15.2 No Liability for Conduct of Other Users or Third parties. You acknowledge and agree that BookOutdoors is not liable, and you agree not to seek to hold BookOutdoors liable, for the conduct of other users including third parties, and that risk of injury from third parties rests entirely with you. You are solely responsible for all of your communications and interactions with other Users, including without limitation, Guests, and Property Administrations. You understand that BookOutdoors does not make any attempt to verify the statements of Users, whether Guests or Hosts. BookOutdoors makes no representations or warranties as to the conduct of any Users or their compatibility with any current or future Users. Please take all reasonable precautions in all communications and interactions with other Users of the Services, whether online or offline. You acknowledge and agree that BookOutdoors does not conduct background checks on any User or verify the accuracy of any Property or Listing.
15.3 Property Disclaimer. BookOutdoors expressly disclaims all liability related to personal injury or damage to property related to the use of the Property(s) and disclaims any and all warranties, express, implied, statutory, by operation of law or otherwise, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or any implied warranties arising out of booking or use of the Property(s).
Indemnity. You will indemnify, defend and/or settle, and pay damages of any kind (including without limitation attorneys' fees) arising from or related to any third-party claim brought against BookOutdoors arising out of or related to your use of the Services, BookOutdoors's permitted use of the User Content, your violation of any law, or the User Content's infringement upon or misappropriation of any intellectual property right, publicity or privacy rights, or any other third party's rights, your breach of these Terms, or your disputes with other Users.
Limitation of Liability. BookOutdoors' total cumulative liability to you for any and all claims arising from or in connection with the Services and these Terms (under any one or more legal theories including claims in contract or tort, and regardless of the number of claims) will not exceed $100 USD. To the maximum extent permitted by law, BookOutdoors will not be liable for special, incidental, indirect or consequential damages arising out of or in connection with the Services (under any legal theory including claims in contract or tort), including, but not limited to, interrupted communications, lost data or lost profits, even if BookOutdoors has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy provided herein.
Dispute Resolution. Please read the following arbitration agreement in this section ("Dispute Resolution") carefully. It requires U.S. users to arbitrate disputes with BookOutdoors and limits the manner in which you can seek relief from us.
18.1 Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief against BookOutdoors relating in any way to your access or use of the Site or to any aspect of your relationship with BookOutdoors, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or BookOutdoors may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
18.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent, The Corporation Trust BookOutdoors 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, BookOutdoors will pay them for you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and BookOutdoors. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
18.4 Waiver of Jury Trial. YOU AND BOOKOUTDOORS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BookOutdoors are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section's limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Colorado. All other disputes, claims, or requests for relief shall be arbitrated.
18.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [email protected] within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your BookOutdoors username (if any), the email address you used to set up your BookOutdoors account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.7 Severability. Except as provided in Section 17.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
18.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with BookOutdoors.
18.9 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if BookOutdoors makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing BookOutdoors at the following address: [email protected].
Procedure for Making Claims of Copyright Infringement. It is BookOutdoors's policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to BookOutdoors by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for BookOutdoors' Copyright Agent for notice of claims of copyright infringement is as follows: Outdoor Ventures, Inc., Office of the CEO, 1624 Market St., Ste 226, Denver, Colorado 80202-1559.
Monitoring and enforcement. BookOutdoors reserves the right to: (a) remove or refuse to post any of your User Content for any or no reason in our sole discretion; (b) take any action with respect to any of your User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for BookOutdoors; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and/or (e) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms. If BookOutdoors becomes aware of any possible violations by you of the Terms, BookOutdoors reserves the right to investigate such violations. If, as a result of the investigation, BookOutdoors believes that criminal activity has occurred, BookOutdoors reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. BookOutdoors is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Site, including your User Content, in BookOutdoors's possession in connection with your use of the Site, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of BookOutdoors, its Users or the public, and all enforcement or other government officials, as BookOutdoors in its sole discretion believes to be necessary or appropriate.
21.1 Assignment. Neither party may assign any rights or obligations arising under these Terms, whether by operation or law or otherwise, without the prior written consent of the other; except that BookOutdoors may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall inure to the benefit of and shall be binding on the permitted successors and assignees of the parties. Any attempted transfer of assignment hereof in violation of this Section 20.1 is null and void.
21.2 Miscellaneous. Any notice or other communication required or permitted under these Terms and intended to have legal effect must be given in writing to the other party. Notices will be deemed to have been given upon receipt (or when delivery is refused) and may be (a) delivered personally, (b) sent via certified mail (return receipt requested), (c) posted online by BookOutdoors, or (d) sent via electronic mail. These Terms and any additional Policies or agreements incorporated herein constitute the entire understanding and agreement of the parties, and supersede any and all previous and contemporaneous understandings, agreements, proposals or representations, written or oral, between the parties, as to the subject matter hereof. Only a writing signed by both parties may modify it. In the event that any provision of these Terms is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of these Terms will remain in full force and effect. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. The parties to these Terms are independent contractors, and no agency, partnership, franchise, joint venture or employee-employer relationship is intended or created by these Terms.
21.3 Contact and Support Information. Please direct any questions or comments via email to: [email protected].