Terms of Service
Effective Date: March 2021
(together, the “Terms
”) govern your access and use of, and describe your rights and responsibilities while using, Our Services (as defined below). This website and/or its mobile applications (the “Site” or “RVbooking.com”) is owned and operated by RVbooking LLC (“RVB
”, or “us
”), a Florida limited liability company, including its subsidiaries and affiliates. These Terms are a binding legal contract between you and us. Except for RV/cabin campgrounds and users with whom RVB has a separate written agreement, Our Services are made available solely for your personal, non-commercial use.
RVB is not a party to any transaction between users of our Site or our platform on the one hand and RV/cabin campgrounds that post their availability for reservations on the other hand. We do not own or manage any RV/cabin campground, nor can we contract for any such RV/cabin campground.
These Terms include an Arbitration and Class Action Waiver in Section 7.5 below.
1. OUR SERVICES
” include websites, content, online tools, software, mobile applications, products, and services associated with RVbooking.com, any subdomain of such websites, and any of our other websites, mobile applications, products, and services operated by us that post these terms of service. The RVB platform is an online marketplace that enables registered users and certain third parties who offer RV/cabin campgrounds on the RVB platform (“Listings”) to communicate and transact directly with each other.
Services may include travel related services such as accommodation and/or spaces used for accommodation in RV/cabin campgrounds, as well as other visitor/hospitality services.
The RVB platform provides information, or undertakes to provide travelers, individual or in groups, travel related services including accommodation and/or spaces used for accommodation in RV/cabin campgrounds, as well as other visitor/hospitality services.
As the provider of the RVB platform, RVB does not own, create, sell, resell, provide, control, offer, deliver, or supply any Listings. Rather it provides Property Reservation Software that assists in managing the inventory of Listings and allows customers and RV/cabin campgrounds to more easily transact business.
RV/cabin campgrounds alone are responsible for their Listings. When users of the RVB platform make or accept a booking, they are entering into a contract directly with each other. RVB is not and does not become a party to or other participant in any contractual relationship between users, nor is RVB a real estate broker or insurer. RVB is not acting as an agent in any capacity for any user, except as specified in the Payments & Transaction Section below.
If you choose to use the RVB platform as an RV/Cabin Campgrounds (as defined below), your relationship with RVB is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of RVB for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of RVB.
To promote the RVB platform and to increase the exposure of Listings to potential RV/Cabin Guests (as defined below), Listings and other user content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
The RVB platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. RVB is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by RVB of such Third-Party Services.
Due to the nature of the Internet, RVB cannot guarantee the continuous and uninterrupted availability and accessibility of the RVB platform. RVB may restrict the availability of the RVB platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the RVB platform. RVB may improve, enhance and modify the RVB platform and introduce new services from time to time. Unless otherwise specified, these Terms will apply to all users (“General Users
”), regardless of user group designation. Our Services may allow General Users to: browse, search, add, edit, claim, contact, RV/Cabin Campgrounds listed on Our Services; connect guests and campgrounds directly with live instant booking capabilities, amenities information and reviews; and 1.1 - “Visitors”
are users who have not created or otherwise logged in to an account through Our Services. These Terms apply to Visitors unless otherwise specified. 1.2 - “RV/Cabin Guests”
are users, and their representatives, who create an account through and intend to use Our Services primarily to: make, manage, and pay for reservations under their account for space at any of the RV/cabin campgrounds; manage and update their account; and write and update reviews of any RV/cabin campgrounds, and surrounding areas posted on Our Services (collectively, the “RV/Cabin Campground Properties
”). 1.3 - “RV/Cabin Campgrounds
” are users, and their representatives, who create an account through and intend to use Our Services primarily to: manage their claimed RV/cabin campground listing(s) on Our Services; manage and update their account; view and respond to general inquiries submitted to their claimed RV/cabin campground(s) through Our Services; integrate review and reservation request features of Our Services (“Widgets
”) on their RV/cabin campground website(s); and view, accept, decline, and manage reservation requests for their claimed RV/Cabin Campground(s) under their existing account, manage RV/Cabin Campground inventory and assign parking/camping spaces and cabins in real time, accept payment for reservations, and generate financial reports (collectively, the “RV/Cabin Campground Software
”).1.4 - “Developers
” are users who use our Application Programming Interface (“Our API
”) to connect their website(s) and mobile application(s) to certain features of Our Services. 2. YOUR ACCEPTANCE
The use of the Service and the Site are subject to these Terms which are are legally binding, and use of Our Services is conditioned upon your acceptance, consent, and agreement to these Terms. Your access and use of Our Services constitute your acceptance of and agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use Our Services. Unless explicitly stated otherwise, any new features, products, or services that augment or enhance Our Services shall be subject to these Terms and you understand that the Terms may be modified at RVB’s discretion. You affirmatively confirm that you have read, understand, and agree to be bound by these Terms by creating an account or otherwise using Our Services. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the actual authority to bind such entity to these Terms. As an express condition of being permitted to use the Service, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. We reserve the right to refuse use of Our Service to anyone for any reason at any time. In consideration for such use of the Service, you agree to provide true, accurate, current, and complete information about yourself, where applicable on the Service. RVB assumes no duty to verify such information. Supplemental terms may apply to certain portions of Our Services, such as activities or promotions, and such supplemental terms will be disclosed to you in connection with the applicable service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable service(s).
3. MODIFICATION OF THESE TERMS
We reserve the right at any time to change or update the Terms relating to use of this Site without prior notice to users, with the changes taking effect upon publication on the RVB platform. If we make changes to these Terms, we will post the revised Terms on the RVB platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. The continued use of the RVB platform constitutes acceptance by the users of the most recently updated version of the Terms.
4. YOUR USE OF THE SERVICES
3.1 - Your Account & Privacy
To access some of Our Services and certain features we offer, you may be asked to create an account by providing certain registration details or other information. If you create, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, (collectively, the “Login Credentials
”), at any time and in our sole discretion, if we believe you have violated any provision of these Terms. We also reserve the right to disable any Login Credentials at any time and in our sole discretion, for any or no reason. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Our Services using your Login Credentials. Without limiting the previous sentence, RV/Cabin Campground may allow, at their sole discretion, their employees, agents, independent contractors, or any other party who must use RV/Cabin Campground Login Credentials to access the RV/Cabin Campground’s account for implementation, technical difficulty, general maintenance, or any other service approved by RV/Cabin Campground and RVB. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. RVB, in its sole discretion, reserves the right to take any and all necessary actions under the Laws of the State of Florida, Federal Law, or any other rule or regulation should it determine that you, your employees, agents, independent contractors, or any other party improperly uses your Login Credentials, regardless of whether the improper use resulted in commercial gain for you or the violator (“Unauthorized Access
”), available at https://www.rvbooking.com/privacy-policy
3.2 - Payments & Transactions 3.2.1 – RV/Cabin Guest Charges & Payment Methods
As an RV/Cabin Guest, you understand that use of Our Services may result in your making payments for the services you receive from RV/Cabin Campground (“Charges
”). After you have received RV/Cabin Campground services through your use of Our Services, RVB will facilitate payment of the applicable Charges on behalf of the RV/Cabin Campground, as such RV/Cabin Campground’s limited payment collection agent. All Charges are due and payable immediately as of the date(s) and method(s) stated in the reservation confirmation. RVB will use the preferred payment method designated in your RV User account or as supplied at the time of making payment and will send you a receipt by email. Payment of the Charges in such a manner shall be considered the same as payment made directly by you to the RV/Cabin Campground. You authorize RVB to charge your payment method the Total Fees for any booking requested in connection with your RVB reservation. RVB will collect the Total Fees in the manner agreed between you and RVB. RVB will generally collect the Total Fees after the RV/Cabin Campground accepts your booking request.When you request to book a Listing, RVB may also (i) obtain a pre-authorization via your payment method for the Total Fees or (ii) charge or authorize your payment method a nominal amount, not to exceed one dollar ($1), to verify your payment method.
If a requested booking is canceled because it is not accepted by the RV/Cabin Campground, any amounts collected by RVB will be refunded to you, and any pre-authorization of your payment method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the payment method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
If RVB is unable to collect any amounts due via your selected payment method, you authorize RVB to charge any other payments methods on file in your RVB account (unless you have previously removed the authorization to charge such payment method(s)).
You also authorize RVB to charge any payment method on file in your RVB account in the event of a damage claim. RVB partners with companies (such as Stripe) for payment processing. When you make a reservation, you're also agreeing to the payment processor's terms of service. RVB may replace its payment processor at any time without notifying you. It is your sole responsibility to update and fully pay all balances due for services you receive through Our Services, and you acknowledge that RVB takes no part in and bears no responsibility for any portion of the transaction between you and the RV/Cabin Campground other than facilitating your payment. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise stated under the “Reservations & Cancellation Policies” section of these Terms or by RVB. You retain the right to request lower charges from a RV/Cabin Campground for services received by you from such RV/Cabin Campground at the time you receive the services. RV/Cabin Campground reserves the right to modify charges should such RV/Cabin Campground determine that there is a discrepancy between the information you provided to make your reservation and the actual characteristics of your particular RV. For example, a discrepancy between your RV’s total length and the actual length as determined by the RV/Cabin Campground could result in an increased charge to use the services of the RV/Cabin Campground, especially if you must be placed in another larger parking spot to accommodate your vehicle. RVB will respond accordingly to any request from a RV/Cabin Campground to modify the Charges for a particular service. RVB reserves the right to establish, remove, or revise Charges for any or all aspects of Our Services at any time in RVB’s sole discretion. RVB will use reasonable efforts to inform you of Charges that may apply. RVB may, from time to time, provide users with promotional offers and discounts that may result in alternate Charges for the same or similar Services. You agree that such promotional offers and discounts, unless made available to you, shall have no bearing on your use of Our Services or Charges applied to you. You may elect to cancel your request for services from an RV/Cabin Campground at any time prior to your use of such services, in which case you may still be charged a fee “Reservation & Cancellation Policies” section of these Terms.
3.2.2 – RV/Cabin Guest Gratuities to RV/Cabin Campground
3.3 - Reservation & Cancellation Policies
RVB understands that your circumstances may change as an RV/Cabin Guest or RV/Cabin Campground between the time of booking through Our Services and the use of a confirmed reservation. RV/Cabin Campgrounds are each required to have a cancellation policy specific to their facility and the RV/Cabin Guests who make reservations with them through Our Services. RV/Cabin Campground cancellation policies are displayed and can be referenced under the cancellation policy section of each RV/Cabin Campground’s listings on Our Services. The RV/Cabin Guest may cancel their stay and receive a full refund up until seven (7) days before check-in. Unless cancelled more than seven (7) days prior to check-in, the RV/Cabin Guest will only be refunded through RV/Cabin Campground to the extent permitted by the cancellation policy of the RV/Cabin Campground as stated in the Listing.RVB agrees to credit the RV/Cabin Campground account with the Reservation Price received, less the amount of RVB Booking Fees seven (7) days before the Check-in date. After paying RV/Cabin Campground, RVB is not responsible for any form of refund to the RV/Cabin Guest or RV/Cabin Campground if there is a cancellation of the reservation or the guest does not show up. That is, RVB may retain all commission charges/Booking Fees if a consumer cancels within 7 days of their reservation or does not show up.RVB’s posted policies supersede any other cancellation policies and will be used to determine any refund eligibility upon cancellation of a confirmed reservation. RV/Cabin Campground are required to honor all reservations made by RV/Cabin Guest through Our Services or any other reservation that originates as a result of Our Services. Further, RVB, in its sole discretion, may discontinue providing certain RV/Cabin Campground with access to or use of Our Services should RVB determine, in its sole discretion, that such RV/Cabin Campground have failed to honor any reservations. RVB does acknowledge that situations may arise where canceling or editing a reservation may be necessary by RV/Cabin Campground. Those situations include severe weather, infrastructure damage, flooding or debris, 'Acts of God, etc.
If the RV/Cabin Campground does not correspond to its Listing, RV/Cabin Guest will make RVB aware before the stay commences and will present evidence to prove this. If RV/Cabin Guest decides to continue with the stay, you, as an RV/Cabin Guest, will not be able to request a refund of sums paid for any reason whatsoever concerning the booking.
As an RV/Cabin Guest, you understand and accept that you will only be able to request a refund of the purchase price directly from the RV/Cabin Campground, without ever holding RVB liable in this regard. In this case, the RV/Cabin Campground agrees to refund the sums paid to the RV/Cabin Guest.
3.4 - Uses Outside the United States
RVB operates or controls the operation of Our Services from offices in the United States. In addition, Our Services may be mirrored, and other websites operated or controlled by RVB may be located, at various locations within and outside of the United States. RVB makes no representation or warranty that all of the features of Our Services will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use Our Services from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
4. CONTENT STANDARDS
4.1 - Links & Social Media Features
You may link to Our Services on your website(s) or mobile application(s); provided
that you do so in a way that is legal and does not damage or take advantage of our reputation. You must not establish a link that in any way suggests any form of association, approval, or endorsement on our part, without our express written consent.
Our Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on Our Services, including, but not limited to Reservation Forms on RV/Cabin Campground websites; send requests, inquiries, or other communications with certain content, or links to certain content, on Our Services; and cause limited portions of content on Our Services to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as we provide them and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: establish a link from any website that is not owned by you; cause Our Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site; or otherwise take any action with respect to Our Services that are inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out below in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
4.2 - Reliance on Information Posted
The content posted on or through Our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any General User of Our Services, or by anyone who may be informed of its contents. Our Services include or may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services (“Third-Party Content
”). All statements and opinions expressed in Third-Party Content, and all articles and responses to questions and other content, other than Our Content (as defined below), are solely the opinions and the responsibility of the person or entity providing such Third-Party Content. Third-Party Content does not necessarily reflect the opinion of RVB. We are not responsible, or liable, to you or any third party, for the content or accuracy of any Third-Party Content.
4.3 - Our Content
Our Services and its entire contents, logos, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by RVB, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We may update Our Content from time to time, but it is not necessarily complete or up-to-date. Any of Our Content may be out-of-date at any given time, and we are under no obligation to update such material. Where feasible, we may indicate the most recent date certain content was updated
4.4 - Your Content 4.4.1 - License & Ownership
If you elect to display, post, submit, or otherwise make available to RVB or to others, on or through Our Services any content or works of authorship, including, without limitation, images, audio files, text, software, or other materials, (collectively, “Your Content
”), you hereby grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from, and distribute Your Content, for any purpose. For example, RV/Cabin Campground agree to grant RVB a limited, non-exclusive license to use the RV/Cabin Campground’s name, logo, and any other symbol, word, slogan, or identifier associated with the RV/Cabin Campground or other legal entity on Our Services and in promotional campaigns, including through our accounts on third-party social media services. RVB does not claim ownership over any of Your Content. However, you agree that RVB may store and display, subject to your account settings, Your Content solely as necessary in connection with Our Services and these Terms. To the extent you choose to share any of Your Content with other users of Our Services, you agree to allow these users to view and use Your Content.
You understand that all of Your Content and the content submitted and shared by other users of Our Service are the sole responsibility of the person submitting such content to Our Services. RVB does not control such content, nor does RVB guarantee the accuracy, integrity, or quality of such content. RVB will not be liable in any way under any circumstances for any such content as to any errors, omissions, or any loss or damage of any kind incurred as a result of such content submitted to or shared on Our Services.
4.4.2 - Prohibited Content
Your Content must comply with all applicable federal, state, local, and international laws and regulations in their entirety. In addition, you hereby irrevocably represent and warrant to RVB that you have all necessary power, authority, right, title and/or licenses to grant to us the foregoing right and license. You further represent and warrant that Your Content, and the exercise by RVB of the foregoing license, does not and will not: contain any material that is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; violate the legal rights, including the rights of publicity and privacy, of any other person or entity, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; be likely to deceive any person or entity; promote any illegal activity, or advocate, promote, or assist any unlawful act; cause annoyance, inconvenience, or needless anxiety to or be likely to upset, embarrass, alarm, or annoy, any other person or entity; impersonate any person or entity, or misrepresent your identity or affiliation with any person, organization, or entity; involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; contain any Spam; and contain any computer virus or other malware that could in any way affect the operation of Our Services.
4.4.3 - Comments
You may send specific submissions or suggestions, enhancement requests, inquiries, recommendations, proposals, plans, or other feedback or materials relating to Our Service or otherwise (collectively, “Comments
”). You hereby grant to RVB a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into Our Services any Comments, whether or not provided at RVB’s request and irrespective of any limitations indicated relating to its use. RVB is under no obligation:to maintain any Comments in confidence; to pay compensation for any Comments; or to respond to any Comments. In addition, you hereby irrevocably represent and warrant to RVB that the Comments meet the requirements of Your Content. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
4.4.4 - Transmission of Your Content
You acknowledge and understand that Your Content may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that RVB may have little or no control over the use of Your Content, and hereby agree to hold RVB harmless from and against any claim or liability arising out of the use of Your Content.
4.4.5 - Automated Content to RV/Cabin Guests on Behalf of RV/Cabin Campground
RV/Cabin Campground agree, and RV/Cabin Guests acknowledge, that RVB has permission to send automated emails and text/SMS messages as well as other communications on behalf of RV/Cabin Campground, based on the contact information provided by the RV/Cabin Campground, to any RV/Cabin Guest who has made a reservation with the RV/Cabin Campground (“Reservations
4.5 - Third-Party Content
Our Services may be made available or accessed in connection with Third-Party Content, including advertising, and that RVB does not control. You acknowledge that different terms of service and privacy policies may apply to your use of and interaction with Third-Party Content. RVB does not endorse such Third-Party Content, and in no event shall RVB be responsible or liable for any products or services of such third parties. Additionally, Apple Inc., Google Inc., Microsoft Corporation, or Blackberry Limited will be a third-party beneficiary to this contract if you access Our Services using mobile devices powered by one of those companies, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of Our Services in any manner. Your access to Our Services using these devices is subject to terms set forth in applicable third-party beneficiary’s terms of service.
If Our Services contain Third-Party Content as links to other sites and resources, these links are provided for your convenience only. This includes links to RV/Cabin Campground’s terms and conditions, policies, and links contained in advertisements, including banner advertisements and sponsored links. We have no control over such Third-Party Content, and we accept no responsibility for them or for any loss or damage that may arise from your use of or interaction with them. If you decide to access any Third-Party Content linked on or through Our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. PROHIBITED CONDUCT & TERMINATION
5.1 - Prohibited Conduct & Export Control
You may use Our Services only for lawful purposes and in accordance with these Terms. You are prohibited and agree not to engage in the following as it relates to Our Services: causing Our Services to use excessive computing capacity, bandwidth, or any other resource; using an automated system to supply content to, through, or otherwise interact with Our Services; violating any applicable federal, state, local, or international law or regulation in any way, including, without limitation, any laws regarding export of data or software to and from the United States or other countries; sending, knowingly receiving, uploading, downloading, using or re-using any material that does not comply with these Terms; transmitting or procuring the transmission of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; impersonating or attempting to impersonate RVB, a RVB employee, another user, or any other person or entity such an RV/Cabin Campground (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing);engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of Our Services, or which, as determined by us, may harm RVB or users of Our Services, or expose RVB or users of Our Services to liability; and violating or attempting to violate the security of Our Services, or RVB’s system or network security, including, without limitation, the following:accessing data not intended for users of Our Services, or gaining unauthorized access to an account, server, or any other computer system; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; and attempting to interfere with the function of Our Services, host, or network.
5.2 - Monitoring, Enforcement & Termination
We reserve the right, but do not undertake the obligation, to monitor use of Our Services, and to investigate and take appropriate legal action against any party that uses Our Services or Our Content in violation of these Terms or applicable law. RVB reserves the right to accept, reject, or modify (including remove) any of Our Content, Your Content, or Third-Party Content but assumes no liability based on its acceptance, rejection, modification, or failure to modify any such content.
In order to enforce these Terms, we reserve the right to remove or refuse to post any of Your Content or Third-Party Content for any or no reason in our sole discretion. We also reserve the right to take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Our Services or the public, or could create liability for RVB.
We neither represent nor warrant that we can review all content before it is posted on Our Services, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
RVB reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Our Services. When required by applicable laws or regulations, we may 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. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Our Services.
YOU WAIVE AND HOLD HARMLESS RVB AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RVB OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RVB, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
We may immediately terminate these Terms or deny access to any of Our Services with respect to you, or generally cease offering or deny access to Our Services or any portion thereof, at any time for any reason. These Terms are effective unless and until terminated by either you or RVB.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 - Limited License
Subject to your compliance with these Terms, RVB grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to access and use Our Services on your personal device solely in connection with your use of Our Services, and to access and use any content, information, and related materials that may be made available through Our Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Services, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your web browser for display enhancement purposes; you may print or download one copy of Our Services, where feasible and at your own cost, for your personal, non-commercial use and not for further reproduction, publication, or distribution; and if we provide social media features with certain content, you may take such actions as are enabled by such features.You must not modify copies of any materials from Our Services; use any illustrations, photographs, video, or audio sequences of any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Our Services. You also must not access or use any part of Our Services or any services or materials available through Our Services for any commercial purposes. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Services in breach of the Terms, your right to use Our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Our Services or any content on Our Services is transferred to you, and all rights not expressly granted are reserved by RVB. Any use of Our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
6.2 - Trademarks
The RVbooking.com name and logos, and all names, logos, products, and service names, designs, and slogans related to Our Services are trademarks of RVB or its affiliates or licensors. You must not use such trademarks without the prior written permission of RVB. All other names, logos, products, and service names, designs, and slogans on Our Services are the trademarks of their respective owners.
6.3 - Copyrights
The copyright laws of the United States protect copyrighted materials from unauthorized use or reproduction.
The images on RVbooking.com and linked websites may not belong to RVB, but are granted to RVB by RV/Cabin Campground and other third parties for use under a perpetual license. You may not make printed or digital copies or reprints in any form or for any reason whatsoever.
Users are strictly prohibited from using any copyrighted materials.
Copyright Infringement Policy
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Website has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner; identification of the copyrighted work(s) claimed to have been infringed, including copyright date; identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located; information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address; a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
c/o Greenspoon Marder LLP, Attention: Robby H. Birnbaum, Esq.100 West Cypress Creek Road, Suite 700Fort Lauderdale, FL 33309Phone: (954) 343 6959Email: Robby.Birnbaum@gmlaw.com
7.1 - Disclaimers
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, RVB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, RVB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES, ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF OUR SERVICES, NOR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RVB ALSO DOES NOT WARRANT THAT THE MATERIAL ON ITS SITES IS COMPLETE OR ACCURATE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SERVICES, AND ANY THIRD-PARTY GOODS OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THESE DISCLAIMERS DO NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR RESIDENCE.
7.2 - Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL RVB, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THIS LIMITATION OF LIABILITY INCLUDES ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF RVB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RVB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RVB’S REASONABLE CONTROL. IN NO EVENT SHALL RVB’S TOTAL LIABILITY TO YOU IN CONNECTION WITH OUR SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ANY PAYMENT FEES THAT YOU HAVE PAID TO RVB.
YOU ACKNOWLEDGE THAT RVB’S SERVICES MAY BE USED BY GENERAL USERS TO REQUEST AND SCHEDULE SERVICES WITH RV/CABIN CAMPGROUNDS AND TO COMMUNICATE WITH RV/CABIN CAMPGROUND, BUT YOU AGREE THAT RVB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACCOMODATION OR SERVICE PROVIDED TO YOU BY RV/CABIN CAMPGROUND THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
RVB DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF RV/CABIN CAMPGROUND PROPERTIES. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF RV/CABIN CAMPGROUND PROPERTIES WILL MEET YOUR NEEDS AND EXPECTATIONS. RVB WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD-PARTY PROVIDER OR RV/CABIN GUEST. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING RV/CABIN CAMPGROUND AND RV/CABIN CAMPGROUND PROPERTIES THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF RV/CABIN CAMPGROUND PROPERTIES ARRANGED OR SCHEDULED USING THE RVB SERVICES IS AT YOUR OWN RISK AND JUDGMENT. RVB SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH RV/CABIN CAMPGROUND OR AN RV/CABIN GUEST.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.3 - Indemnification & Injunctive Relief
You agree to defend, indemnify and hold harmless RVB, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees arising out of or relating to your violation of these Terms or your use of Our Services, including, but not limited to, your (or anyone accessing your account): Use of Our Services;Your breach or violation of any of these Terms;RVB’s use of Your Content; orYour violation of the rights of any third party.You acknowledge that any use of Our Services contrary to these Terms, or any transfer, sub-licensing, copying, or disclosure of technical information or materials related to Our Services, may cause irreparable injury to RVB, its affiliates, and its suppliers, and under such circumstances RVB, its affiliates, and its suppliers will be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief.
7.4 - Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict of laws principles.
7.5 - ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
If you are a resident of the United States (including its possessions and territories) or Canada, you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and RVB shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA
”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules
and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes
(collectively, the “Rules and Procedures
”).In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.In the case of arbitration and where permitted by law, you and RVB must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR RVB MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, RVB will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) RVB also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.Notwithstanding the foregoing, either you or RVB may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Miami-Dade County, Florida. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Miami-Dade County, Florida in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Miami-Dade County for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.With the exception of rules (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either rule (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor RVB shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute shall be exclusively brought in state or federal court located in Miami-Dade County, Florida.For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org
7.6 - Limitation on Time to File Claims
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAWS OR REGULATIONS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF THE APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
7.7 - Waiver & Sever-ability
No waiver by RVB of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RVB to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
7.8 - Entire Agreement
These Terms expressly supersede all prior and contemporaneous understandings, agreements, representations, or warranties with you, whether written or oral, unless you have a separately signed RVbooking.com Services Agreement. In that case, the terms of the RVbooking.com Services Agreement will supersede these Terms but only as to conflicting matters. Otherwise, all terms and conditions of the Terms shall remain in effect.