Last Updated: Jan 18, 2019
TENTRR PROVIDES AN ONLINE PLATFORM THAT CONNECTS CAMPKEEPERS WHO HAVE CAMPSITES TO RENT WITH CAMPERS SEEKING TO RENT SUCH CAMPSITES (COLLECTIVELY, THE "SERVICES"), WHICH SERVICES ARE ACCESSIBLE AT HTTPS://WWW.TENTRR.COM AND ANY OTHER WEBSITES THROUGH WHICH TENTRR MAKES THE SERVICES AVAILABLE (COLLECTIVELY, THE "SITE") AND AS APPLICATIONS FOR MOBILE DEVICES (THE "APPLICATION"). BY ACCESSING THE SITE OR APPLICATION, OR BY DOWNLOADING THE APPLICATION, OR BY POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS OF SERVICE ("TERMS"), WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL COLLECTIVE CONTENT (DEFINED BELOW), AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM (DEFINED BELOW), AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND TENTRR. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM OR OTHERWISE CONTINUE USING THE PLATFORM. FAILURE TO USE THE PLATFORM IN ACCORDANCE WITH THESE TERMS MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
TENTRR IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN ANY CAMPKEEPER AND ANY CAMPER, NOR IS TENTRR A REAL ESTATE BROKER, AGENT OR INSURER. TENTRR HAS NO CONTROL OVER OR RESPONSIBILITY FOR THE CONDUCT OF CAMPKEEPERS, CAMPERS AND OTHER USERS OF THE PLATFORM OR ANY CAMPSITES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Tentrr Content" means all Content that Tentrr makes available through the, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Camper (as determined by Tentrr in its sole discretion), within which a CampKeeper may decide whether to confirm or reject that booking request, as stated on the Platform. Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Tentrr Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Camper" means a Member who requests from a CampKeeper a booking of a Campsite via the Platform, or a Member who stays at a Campsite and is not the CampKeeper for such Campsite.
"CampKeeper" means a Member who creates a Listing via the Platform.
"Listing" means a Campsite that is listed by a CampKeeper as available for rental via the Platform.
"Member" means a person who completes Tentrr's account registration process, including but not limited to CampKeepers and Campers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Platform.
“Platform” means the Site, the Application and/or the Services, or any combination of them.
"Tax" or "Taxes" mean any sales taxes, goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, campsite or lodging taxes, fees that campsite providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
"Tentrr Content" means all Content that Tentrr makes available through the Platform, including any Content licensed from a third party, but excluding Member Content.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Platform or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform or Collective Content.
Tentrr reserves the right, at its sole discretion, to modify the Platform and/or these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Platform after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform.
By using the Platform, you are representing that you are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited.
The Platform can be used to facilitate the listing and booking of land that may or may not have been improved by temporary shelter and other equipment ("Campsites"). Such Campsites are included in Listings on the Platform by CampKeepers. You may view Listings as an unregistered visitor to the Platform; however, if you wish to book a Campsite or create a Listing, you must first register to create a Tentrr Account (defined below).
Tentrr makes available an online platform or marketplace with related technology for Campers and CampKeepers to meet online and arrange for bookings of Campsites directly with each other. Tentrr is not an owner or operator of Campsites, nor is it a provider of Campsites. Tentrr does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Campsites or transportation or travel services. Unless explicitly specified otherwise in the Tentrr platform, Tentrr's responsibilities are limited to: (i) facilitating the availability of the Platform and (ii) serving as the limited payment collection agent of each CampKeeper for the purpose of accepting payments from Campers on behalf of the CampKeeper.
TENTRR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY CAMPSITE. TENTRR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CAMPSITES. ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
To access certain features of the Site and Application, and to book a Campsite or create a Listing, you must register to create an account ("Tentrr Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Platform, you may link your Tentrr Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Tentrr through the Platform; or (ii) allowing Tentrr to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose to Tentrr all Third-Party Account login information that you provide to Tentrr and/or that you are entitled to grant Tentrr access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), in each case without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tentrr to pay any fees or making Tentrr subject to any usage limitations imposed by such third-party service providers. By granting Tentrr access to any Third-Party Account, you understand that Tentrr will access, make available and store (if applicable) any Content provided to and stored in such Third-Party Account ("SNS Content") so that it is available on and through the Platform via your Tentrr Account and Tentrr Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these 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 will be available on and through your Tentrr Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Tentrr'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 Platform. You have the ability to disable the connection between your Tentrr Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. 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. Tentrr makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Tentrr is not responsible for any SNS Content.
Your Tentrr Account and your Tentrr Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Tentrr Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Tentrr reserves the right to suspend or terminate your Tentrr Account and your access to the Platform if you create more than one (1) Tentrr Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tentrr Account, whether or not you have authorized such activities or actions. You will immediately notify Tentrr of any unauthorized use of your Tentrr Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Campsite to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Campsite and pricing and related rules and financial terms. Listings will be made publicly available via the Platform. Other Members will be able to book your Campsite via the Platform based upon the information provided in your Listing. You understand and agree that once a Camper requests a booking of your Campsite, you may not request the Camper to pay a higher price than in the booking request.
You are responsible for any and all Listings and Member Content you post. You represent and warrant that you are the sole owner and/or operator of any Campsite described in a Listing you post. You represent and warrant that any Listing you post and the booking of, or a Camper's stay at, an Campsite in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as neighborhood association, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of Campsites and other properties), Tax requirements, and rules and regulations that may apply to any Campsite included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Tentrr assumes no responsibility for a CampKeeper's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Tentrr reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Tentrr, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
Tentrr does not act as an insurer or contracting agent for any CampKeeper. If a Camper requests a booking of your Campsite and stays at your Campsite, any agreement you enter into with such Camper is between you and the Camper and Tentrr is not a party to it. Notwithstanding the foregoing, Tentrr serves as the limited authorized payment collection agent of the CampKeeper for the purpose of accepting, on behalf of the CampKeeper, payments from Campers of such amounts stipulated by the CampKeeper (including cleaning or other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Campsite, such as requiring Members to have a profile picture or verified phone number, in order to book your Campsite. Any Member wishing to book Campsites included in Listings with such requirements must meet these requirements.
If you are a CampKeeper, Tentrr makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Campsite. As a CampKeeper, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Campsite at your request or invitation, excluding the Camper (and the individuals the Camper invites to the Campsite, if applicable.).
Tentrr recommends that each CampKeeper obtain appropriate insurance for its Campsite(s). Please review any insurance policy that you may have for your property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Campers (and the individuals the Camper invites to the Campsite, if applicable) while at your Campsite.
Tentrr may offer CampKeepers the option of having photographers take photographs of their Campsites. If you as a CampKeeper choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Tentrr.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Tentrr Content, regardless of whether you include them in your Listing. You agree that Tentrr may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
If you are a CampKeeper, you agree that you will make any Campsite which is the subject of a Listing available for rental a minimum of 35 prime nights (Friday nights, Saturday nights and any night immediately preceding a national bank holiday), and at least 80 nights total, in any calendar year. If you are a CampKeeper, you are solely responsible for compliance with all local, state national and other regulations applicable to your Campsite and any Camper’s use of the Campsite.
If you are a CampKeeper and you have a Tentrr BackCountry Site listed on Tentrr.com, : (i) you represent and warrant that you are the sole owner or have usage rights to use the property listed; (ii) you agree to a nightly rate proceed split of 90% to you the CampKeeper and 10% to Tentrr; (iii) you agree to split the proceeds of any Extras associated with a reservation with 80% to the CampKeeper and 20% to Tentrr; (iv) if you decide to upgrade to a Tentrr Signature Site, you must abide by Signature Site rules and fees; (v) Tentrr retains the right to alter the payments associated with a reservation if the above all rules and expectations are not followed, if an incident report is in favor of a reservation or any other instance.
You grant the following rights and permissions to Tentrr Inc, ("Tentrr") its successors and assigns, legal representatives and those acting with Tentrr's authority and permission.: Tentrr has the irrevocable, perpetual and unrestricted right and permission to use, re-use, modify, publish, and republish photographic portraits or pictures that you may submit to Tentrr, from time to time, of you or in which you may or may not be included, in whole or in part, without restriction as to changes or alterations, or reproductions thereof in color or otherwise, made through any medium at Tentrr or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. You waive any right to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. Any images of you that you submit may be used in advertising, promotional, social media applications to promote Tentrr. You release, discharge, and agree to hold harmless Tentrr, its successors and assigns, legal representatives, and those acting with Tentrr authority and permission from any liability, including without limitation any claims for libel or violation of any right of publicity or privacy. You warrant that you have prior obtained identical grants of rights and permissions from any additional person or persons appearing in photographs that you submit or from a legal guardian in the case of a minor, and that you have the power and authority to assign such rights and permissions to Tentrr. These rights and permissions shall be binding upon you and your heirs, legal representatives, and assigns.
Tentrr does not endorse any Member or any Campsite. Verified Images are not a representation or warranty, or an endorsement, by Tentrr of or about any Member or any Campsite. Members are required by these Terms to provide accurate information, and although Tentrr may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Platform to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Tentrr about any Member, including the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. Tentrr is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Tentrr with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a CampKeeper against Tentrr regarding the remittance of payments received from a Camper by Tentrr on behalf of a CampKeeper, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
"Campsite Fees" means the amounts that are due and payable by a Camper in exchange for that Camper's stay in a Campsite. The CampKeeper alone, and not Tentrr, is responsible for the Campsite Fees for his or her Listing.
"Booking Fees" means the fee that Tentrr charges a Camper for the use of the Services, which is calculated as a percentage of the applicable Campsite Fees. The Booking Fees will be displayed to the Camper when the Camper is asked whether to send a booking request to a CampKeeper.
"Reservation Fees" means the fee that Tentrr charges a CampKeeper for the use of the Services, which is calculated as a percentage of the applicable Campsite Fees.
"Service Fees" means collectively the Booking Fees and the Reservation Fees.
"Total Fees" means collectively the Campsite Fees and the Service Fees plus any Taxes.
Bookings and Financial Terms for CampKeepers and Campers
If you are a CampKeeper and a booking is requested for your Campsite via the Platform, you will be required to either confirm or reject the booking request within the Booking Request Period; otherwise the booking request will automatically expire. When a booking is requested via the Platform, we will share with you (i) the first and last name of the Camper who has requested the booking, (ii) a link to the Camper's Tentrr Account profile page, (iii) if the Camper and CampKeeper have both connected through their Tentrr accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Camper on such SNS, and (iv) an indication of whether or not the Camper has provided other information to Tentrr, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Tentrr for the requested booking will be refunded to the applicable Camper's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Camper, Tentrr will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Platform.
Tentrr will collect the Total Fees at the time of booking confirmation (i.e. when the CampKeeper confirms the booking request) and will initiate payment of the Campsite Fees (less Tentrr's Reservation Fees ), to the CampKeeper within 24 hours of when the Camper arrives at the applicable Campsite (except to the extent that a refund is due to the Camper). The time it takes for the CampKeeper to receive payouts may depend upon the payout method chosen by the CampKeeper. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the CampKeeper, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to Tentrr (whether as a result of your bookings or actions as a Camper or otherwise), then Tentrr may (but is not obliged to) withhold the amount owing to Tentrr from any payout amounts due to you as a CampKeeper, and use the withheld amount to setoff the amount owed by you to Tentrr. If Tentrr does so, then your obligation to pay Tentrr will be extinguished to the extent of the amount withheld by Tentrr, and Tentrr will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Tentrr by you. Such communication may be made by Tentrr or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of Tentrr as Limited Payment Collection Agent for CampKeeper
Each CampKeeper hereby appoints Tentrr as the CampKeeper's limited payment collection agent solely for the purpose of accepting the Campsite Fees from Campers.
Each CampKeeper agrees that payment made by a Camper through Tentrr, shall be considered the same as a payment made directly to the CampKeeper, and the CampKeeper will make the Campsite available to the Camper in the agreed-upon manner as if the CampKeeper has received the Campsite Fees. Each CampKeeper agrees that Tentrr may, in accordance with the cancellation policy, (i) permit the Camper to cancel the booking and (ii) refund to the Camper that portion of the Campsite Fees specified in the applicable cancellation policy. Each CampKeeper understands that Tentrr accepts payments from Campers as the CampKeeper's limited payment collection agent and that Tentrr's obligation to pay the CampKeeper is subject to and conditional upon successful receipt of the associated payments from Campers. Tentrr does not guarantee payments to CampKeepers for amounts that have not been successfully received by Tentrr from Campers. In accepting appointment as the limited authorized agent of the CampKeeper, Tentrr assumes no liability for any acts or omissions of the CampKeeper.
Tentrr does not currently charge fees for the creation of Listings. However, you as a CampKeeper acknowledge and agree that Tentrr reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Tentrr will provide notice of any Listing fee collection via the Platform, prior to implementing such a Listing fee feature.
The CampKeepers, not Tentrr, are solely responsible for honoring any confirmed bookings and making available any Campsites reserved through the Platform. If you, as a Camper, choose to enter into a transaction with a CampKeeper for the booking of an Campsite, you agree and understand that you will be required to enter into an agreement with the CampKeeper and you agree to accept any terms, conditions, rules and restrictions associated with such Campsite imposed by the CampKeeper. You acknowledge and agree that you, and not Tentrr, will be responsible for performing the obligations of any such agreements, that Tentrr is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Tentrr disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Tentrr is not a party to the agreement between you and the CampKeeper, Tentrr acts as the CampKeeper's payment collection agent for the limited purpose of accepting payments from you on behalf of the CampKeeper. Upon your payment of the Total Fees to Tentrr, your payment obligation to the CampKeeper for the Campsite Fees is extinguished, and Tentrr is responsible for remitting the Campsite Fees (less the Service Fees and any Taxes in respect of the Service Fees), in the manner described in these Terms.
The Total Fees payable will be displayed to a Camper before the Camper sends a booking request to a CampKeeper. As noted above, the CampKeeper is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable CampKeeper), any amounts collected by Tentrr will be refunded to such Camper, depending on the selections the Camper makes via the Site and Application, and any pre-authorization of such Camper's credit card will be released, if applicable.
You as a Camper agree to pay Tentrr for the Total Fees for any booking requested in connection with your Tentrr Account if such requested bookings are confirmed by the applicable CampKeeper. In order to establish a booking pending the applicable CampKeeper's confirmation of your requested booking, you understand and agree that Tentrr, on behalf of the CampKeeper, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. As a general rule, Tentrr will collect the Total Fees due once Tentrr receives confirmation of your booking from the applicable CampKeeper; if necessary, Total Fees may instead be collected at a later point. Please note that Tentrr cannot control any fees that may be charged to a Camper by his or her bank related to Tentrr's collection of the Total Fees, and Tentrr disclaims all liability in this regard.
In consideration for the use of Tentrr's online marketplace and platform, Tentrr charges the Service Fees. Where applicable, Taxes may also be charged in respect of the CampKeeper Fees and Camper Fees. Tentrr deducts the Service Fees from the Campsite Fees before remitting the balance to the CampKeeper as described in these Terms. Camper Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Tentrr to CampKeepers via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, depending upon the selections the CampKeeper makes via the Platform.
If, as a Camper, you cancel your requested booking before the requested booking is confirmed by a CampKeeper, Tentrr will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Camper, you wish to cancel a confirmed booking made via the Platform, either prior to or upon arrival at the Campsite, the cancellation policy is that 50% of the Total Fees will be refunded within 72 hours of cancellation. Campers agree that a cancellation within 72 hours of check in is subject to a cancellation penalty of 50% of the Total Fees for any confirmed booking.
If a CampKeeper cancels a confirmed booking made via the Platform, (i) Tentrr will refund the Total Fees for such booking to the applicable Camper within a commercially reasonable time of the cancellation and (ii) the Camper may receive an email or other communication from Tentrr containing alternative Listings and other related information. If the Camper requests a booking from one of the alternative Listings and the CampKeeper associated with such alternative Listing confirms the Camper's requested booking, then the Camper agrees to pay Tentrr the Total Fees relating to the confirmed booking for the Campsite in the alternative Listing, in accordance with these Terms. If a CampKeeper cancelled a confirmed booking and you, as a Camper, have not received an email or other communication from Tentrr, please contact Tentrr.
If, as a CampKeeper, you cancel a confirmed booking, you agree that Tentrr may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Tentrr Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Tentrr may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Platform. This may be for any reason, including, but not limited to, severe weather forecasts. Tentrr may also determine, in its sole discretion, to refund to the Camper part or all of the amounts charged to the Camper. You agree that Tentrr and the relevant Camper or CampKeeper will not have any liability for such cancellations or refunds.
If, as a CampKeeper, your Camper cancels a confirmed booking or Tentrr decides that it is necessary to cancel a confirmed booking, and Tentrr issues a refund to the Camper, you agree that in the event you have already been paid Tentrr shall be entitled to recover the amount of any such Camper refund from you, including by subtracting such refund amount from any future Campsite Fees due to you.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You as a CampKeeper understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Tentrr cannot and does not offer Tax-related advice to any Members.
As a Camper, you are responsible for leaving the Campsite in the condition it was in when you arrived. You acknowledge and agree that, as a Camper, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Campsite. In the event that a CampKeeper claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Tentrr Account. Tentrr also reserves the right to charge the credit card on file in your Tentrr Account, or otherwise collect payment from you and pursue any avenues available to Tentrr in this regard, including using Security Deposits, in situations in which you have been determined, in Tentrr's sole discretion, to have damaged any Campsite. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Campsite to the applicable CampKeeper or to Tentrr (if applicable).
Both Campers and CampKeepers agree to cooperate with and assist Tentrr in good faith, and to provide Tentrr with such information and take such actions as may be reasonably requested by Tentrr, in connection with any complaints or claims made by Members relating to Campsites or any personal or other property located at a Campsite or with respect to any investigation undertaken by Tentrr or a representative of Tentrr regarding use or abuse of the Platform. If you are a Camper, upon Tentrr's reasonable request, you agree to participate in mediation or similar resolution process with a CampKeeper, which process will be conducted by Tentrr or a third party selected by Tentrr, with respect to losses for which the CampKeeper is requesting payment.
If you are a Camper, you understand and agree that Tentrr may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Campsite or any personal or other property located at an Campsite. You agree to cooperate with and assist Tentrr in good faith, and to provide Tentrr with such information as may be reasonably requested by Tentrr, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Tentrr may reasonably request to assist Tentrr in accomplishing the foregoing.
Campers agree that a confirmed reservation is merely a temporary license granted by the CampKeeper to the Camper to enter and use the Campsite for the limited duration of the confirmed reservation and in accordance with the Camper's agreement with the CampKeeper. Campers further agree to leave the Campsite no later than the checkout time at noon on the final day of the booking, or such other time as mutually agreed upon between the CampKeeper and Camper. If a Camper stays past the agreed upon checkout time without the CampKeeper's consent, they no longer have a license to stay in the Campsite and the CampKeeper is entitled to make the Camper leave. In addition, Campers agree that the CampKeeper can charge the Camper, for each 24 hour period or portion thereof that the Camper stays over the agreed period without the CampKeeper's consent, an additional nightly fee of two times the nightly Campsite Fee originally paid by the Camper to cover the inconvenience suffered by the CampKeeper, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the CampKeeper to make the Camper leave (collectively, "Additional Sums"). Campers agree that Tentrr, in its role as limited collection agent for the CampKeeper, shall charge the Camper's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Tentrr may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Camper's credit card or other payment method on file.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform and Collective Content. In connection with your use of the Platform and Collective Content, you may not and you agree that you will not:
You acknowledge and agree that any violation of the above prohibitions would constitute a breach of these Terms; you accept all risks and responsibility for any violation of the above prohibitions; and you will defend, indemnify and hold Tentrr harmless from any liability arising out of any violation of the above prohibitions.
Tentrr has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Tentrr may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Tentrr or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Tentrr, its users, or members of the public. You acknowledge that Tentrr has no obligation to monitor your access to or use of the Platform or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Tentrr reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Tentrr, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
The Platform and Collective Content are protected by current and pending copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Collective Content, including all associated intellectual property rights, are the exclusive property of Tentrr and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Collective Content.
Subject to your compliance with these Terms, Tentrr grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Tentrr Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tentrr or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Platform, you hereby grant to Tentrr a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Platform. Tentrr does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Tentrr the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Tentrr's use of the Member Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that Tentrr is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tentrr of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Tentrr used herein are trademarks or registered trademarks of Tentrr. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform ("Feedback"). You may submit Feedback by emailing us at email@example.com, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Tentrr and you hereby irrevocably assign to Tentrr and agree to irrevocably assign to Tentrr all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Tentrr's request and expense, you will execute documents and take such further acts as Tentrr may reasonably request to assist Tentrr to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Tentrr respects copyright law and expects its users to do the same. It is Tentrr's policy to terminate in appropriate circumstances the Tentrr Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Tentrr Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Tentrr Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform, your Tentrr Account, your Member Content, or receive assistance from Tentrr Customer Service, (b) any pending or accepted future bookings as either CampKeeper or Camper will be immediately terminated, (c) we may communicate to your Campers or CampKeepers that a potential or confirmed booking has been cancelled, (d) we may refund your Campers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Campers to inform them about potential alternate Campsites with other CampKeepers that may be available on the Platform, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Tentrr Account. You may cancel your Tentrr Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Tentrr Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE PLATFORM OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TENTRR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CAMPERS AND CAMPKEEPERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE PLATFORM, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TENTRR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TENTRR MAKES NO WARRANTY THAT THE PLATFORM OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY CAMPSITES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TENTRR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, CAMPSITES, CAMPKEEPERS, CAMPERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TENTRR OR THROUGH THE PLATFORM OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY CAMPKEEPERS OR CAMPERS. YOU UNDERSTAND THAT TENTRR DOES NOT HAVE ANY OBLIGATION TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VISIT ANY CAMPSITES. TENTRR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, CAMPERS AND CAMPKEEPERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TENTRR. NOTWITHSTANDING TENTRR'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE CAMPKEEPERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CAMPERS ON BEHALF OF THE CAMPKEEPERS, TENTRR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CAMPER, CAMPKEEPER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATION IN OUTDOOR ACTIVITIES AVAILABLE TO YOU AT TENTRR CAMPSITES. THESE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO: UNEVEN, LOOSE AND/OR SLIPPERY TERRAIN; UNMARKED NATURAL AND MANMADE HAZARDS; DROWNING; STEEP GRADES; DANGEROUS AND RAPIDLY CHANGING WEATHER CONDITIONS (E.G., LIGHTNING, HIGH WINDS, EXTREME HEAT AND COLD, HEAVY RAIN AND FLASH FLOODS); FOREST FIRES; DELAYED EMERGENCY MEDICAL RESPONSE; DANGERS ARISING FROM THE USE OF CAMPSITE EQUIPMENT; WILDLIFE (E.G., SNAKES, BEARS, RACCOONS, COYOTES, TICKS AND BEES); AND CONTACT WITH AND/OR CONSUMPTION OF ANIMAL PRODUCTS, VEGETATION, WATER AND OTHER SUBSTANCES FOUND ON AND AROUND THE CAMPSITE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY CAMPSITES VIA THE PLATFORM, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TENTRR WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TENTRR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, CAMPSITES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM, INCLUDING CAMPKEEPERS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORMOR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY CAMPSITE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TENTRR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR TENTRR’S OBLIGATION TO PAY CAMPSITE FEES AND TAXES COLLECTED BY TENTRR AS THE LIMITED COLLECTION AGENT TO APPLICABLE CAMPKEEPERS PURSUANT TO THESE TERMS, IN NO EVENT WILL TENTRR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY CAMPSITE VIA THE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY CAMPSITE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNT PAID OR OWED FOR THE BOOKING FROM WHICH THE LIABILITY AROSE, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENTRR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Tentrr and its additional insureds, affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Collective Content; (b) your violation of these Terms, or the violation of these Terms by any third party; (c) your Member Content; (d) your (i) interaction with any Member, (ii) booking of a Campsite, or (iii) creation of a Listing; (e) the use, condition or rental of any Campsite by you, including but not limited to any injuries, death, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Campsite; (f) if you are a CampKeeper, any third party claims for injuries, death, losses or damages, including without limitation personal injury or death, arising in connection with or as a result of a rental, booking or use of a Campsite, and (g)your participation in the Referral Program.
If you are a Camper, you also release, defend, indemnify and hold harmless Tentrr from any claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal fees, arising out of or in any way connected with such your use of any CampKeeper’s Campsite.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tentrr by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Tentrr and you regarding the Platform or Collective Content, and any bookings or Listings of Campsites made via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tentrr and you regarding bookings or listings of Campsites, the Platform and Collective Content; provided, that the terms of any Signature Campsite Contract between you and Tentrr shall be deemed complementary to, and not superseded by, these Terms.
You may not assign or transfer these Terms, by operation of law or otherwise, without Tentrr's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tentrr may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tentrr via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the exclusive personal jurisdiction of a state court located in New York County, New York, New York or a United States District Court, Southern District of New York located in New York, New York for any disputes which are not required to be arbitrated, as set forth in the Dispute Resolution provision below.
You and Tentrr agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Tentrr are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Tentrr otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the "Modification" section above, if Tentrr changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Tentrr's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tentrr in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Tentrr to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tentrr. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms or any App Store Sourced Application, please contact Tentrr.