The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Application or Website user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
Additionally you agree that, upon registration, upCLOSE-RV will add your information to its mailing list for business and marketing purposes. This may include but is not limited to direct mail and email marketing campaigns or other business related correspondence.
Guests agree to be bound by and comply with any additional terms, conditions and policies provided by the owner of the Hosts who could be channel managers, property managers, home owners, home owner representatives relating to the use of their space(s), including compliance with building security procedures, IT access and use procedures provided by the Hosts (“Venue Policies”). The Venue Policies may be provided in electronic format through the Platform or in hardcopy format based on the Host’s preference.
You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Platform and upCLOSE-RV Properties. Without limiting the foregoing, for any reservation made through your Account, if other persons are present in the upCLOSE-RV Properties, you do hereby agree to be fully responsible and to indemnify the Company for any violation of this Agreement or applicable laws, by-laws or regulations, even if such violation was caused by such other persons. Hosts who rent their upCLOSE-RV Properties through the Platform or any other way allowed to by the Company are responsible for ensuring that they are compliant and stay up-to-date with their locality’s regulations regarding the rental of their upCLOSE-RV Properties, and hereby agree to be fully responsible and to indemnify the Company for any violation of such applicable regulations.
By using the Platform or upCLOSE-RV Properties, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the upCLOSE-RV Properties because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Platform and upCLOSE-RV Properties. Without limiting the foregoing, the Platform and upCLOSE-RV Properties are not available to persons under the age of 18. By using the Platform or upCLOSE-RV Properties, you represent and warrant that you are at least 18 years old. By using the Platform or the upCLOSE-RV Properties, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Platform and/or upCLOSE-RV Properties is for your sole, personal use. You may not authorize others to use your user status and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the Platform or upCLOSE-RV Properties, you agree to comply with all applicable laws of the nation, the country, state, province, and city in which you are present while using the Platform or upCLOSE-RV Properties.
You may only access the upCLOSE-RV Properties using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company is likewise not liable for any bugs, problems, or issues with the Platform or upCLOSE-RV Properties. The Company reserves the right to terminate this Agreement should you be using the Application with an incompatible or unauthorized device.
By using the Platform or the upCLOSE-RV Properties, you agree that:
Hosts must obtain appropriate insurance for upCLOSE-RV Properties that the Property Owner has listed on the Platform.
Repair or Cleaning Fees
Guests are responsible for the cost of repair for damage to, or necessary cleaning of, upCLOSE-RV Properties resulting from your violation of this Agreement or if your use of the upCLOSE-RV Properties results in damage excess of normal “wear and tear.” In the event that the Company, in its reasonable discretion, determines that excessive repair or cleaning is required, the Company reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as determined through the Company’s Resolution Center at its sole discretion, as well as an additional service fee which shall not exceed in $500 U.S. Dollars per occurrence. Any such amounts are non-refundable and at the reasonable discretion of the Company. Hosts shall be responsible for reporting any such damage, as well as providing proof of any such claims, and hereby agree to have all disputes determined at the sole discretion of the Company’s Resolution Center.
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable license to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense or assign the license rights granted in this section.
You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, upCLOSE-RV Properties, or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.
The Company may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Company a worldwide, irrevocable, perpetual, 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 and otherwise exploit such User Content including but without limitation on, through or by means of the Platform. In connection herewith, you hereby renounce and waive in favor of Company any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User 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 User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store or Google Play (“App Store Sourced Application”), you will use the App Store Sourced Application only as permitted by the “Usage Rules” set forth in the Apple App Store’s and/or Google Play’s Terms and Conditions. Additionally, with respect to any Application accessed through or downloaded from the Apple App Store, you will use the Application only on an Apple-branded product that runs iOS (Apple’s proprietary operating system software). Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
The following applies to any App Store Sourced Application:
The Company respects copyright law and expects its Users to do the same. It is Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Guest payments will be paid through the Platform. Any fees which the Company may charge your stay will be determined by the Host, as will be as set out on the Platform at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Host’s decision to terminate your usage, disruption caused to our Platform either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.
You do hereby agree that you shall be charged fees based on the length of time of your booking of the upCLOSE-RV Properties (regardless if you only make use of the upCLOSE-RV Properties for less than your booked time). If you exceed the amount of time for which you booked a upCLOSE-RV Property, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User’s booked time, as determined by the Host. You do hereby consent to such excess time charges and to such overage charge.
Hosts will be paid by the Company via “Stripe” or through any lawful manner, as determined by the Company. Payments will be made by Company to Hosts after Guest’s stay is complete and within 60 days after receipt of payment by Company from Guest.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Platform, upCLOSE-RV Properties or Application as we deem necessary for our business. We encourage you to check back at our Platform periodically to find out about how we charge for the Platform, upCLOSE-RV Properties or Application.
Guests will be able to choose any one cancellation policy listed below and only for instant/regular bookings (these are not valid for reverse bidding).
For all reservations, a reservation is officially cancelled when the Guest clicks the cancellation button on the cancellation page, which they can find after navigating to the Dashboard and follow the required path to cancel the reservation/booking made by the guest. Any complaints by either Party needs to be sent to the Company within twenty-four (24) hours of check-in and the Company will be the final decision maker in the event of any disputes between Guests and Hosts pertaining to the Platform.
Please note in case of properties listed on upCLOSE-RV by their channel partners or properties manager, upCLOSE-RV is required to follow the channel partner and Property Manager cancellation policies which are listed below and should be strictly adhered by guest in the event of reservation, cancellations done by guests.
Liberal Cancellation Policy: 1 day prior to check in (based on check in date and time finalized by Host), there will be a full refund, except for upCLOSE-RV Service Fees which are non-refundable. Any charged taxes (as applicable) on listing will not be refunded.
Moderate Cancellation Policy: 7 days to check in date and time (based on check in date and time finalized by Host), there will be a full refund, except upCLOSE-RV Service Fees which are non-refundable. Any charged taxes (as applicable) on listing will not be refunded.
Strict Cancellation Policy: 10 days before check-in date and time (based on check in date and time finalized by Host), 50% of listing amount will be refunded, the upCLOSE-RV Service Fee will be charged, and the rest of listing amount and cleaning fee (if charged by Host) will be refunded to Guest. Any charged taxes (as applicable) on listing will not be refunded.
A reservation is officially canceled when the guest clicks the cancellation button on the cancellation page, which they can find after navigating to the cancellation button within the website. Any Complaints by either party need to be handed to upCLOSE-RV within 24hrs of check-in.
Guests need to note that Cancellation policies may be topped by the upCLOSE-RV Guest Refund Policy, any safety related cancellations, or mitigation worthy circumstances. upCLOSE-RV will have the final authority and say for any and all refunds related to cancellations and all disputes
Note: Any charged taxes (as applicable) on listing will not be refunded.
On cancellation by Host, the amount decided will be refunded as per cancellation policy and into Guest’s account within 5-7 business days. A notification email will be sent to respective User about the cancellation once Guest follows the cancellation policy.
When a deal related to Reverse Bidding expires after 24 hours (i.e., no Host accepts the deal so no property is assigned to User who has already paid as per reverse bidding process) the money/amount paid by the User who bid will be refunded within 4-5 business days.
When a property that requires pre-approval from the Host to confirm the property for the Guest who has 24 hours to accept the request does not accept that request in 24 hours, the amount on hold will then be refunded within 3-5 business days.
All claims refunds will be refunded in 5-7 business days. Resolution settlement refunds will be refunded in 5-7 business days.
In the case a dispute arises between Users of the Platform, Users acknowledge that it is their responsibility to present all pertinent and requested information to the Company, and Users hereby agree that, such disputes between the Host and the Guest will be resolved by the Company’s Resolution Center in the Company’s sole discretion, in accordance with any policies the Company may have in place at the time. By using the Platform, you agree to comply with Section 10, including, but not limited to, any and all final determinations made by the Company in accordance with the dispute resolution process.
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the upCLOSE-RV Properties and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform or the upCLOSE-RV Properties (collectively, “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform or the upCLOSE-RV Properties, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Platform and upCLOSE-RV Properties are trademarks of the Company or third parties, and no right or license is granted to use them.
During use of the Platform and upCLOSE-RV Properties, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform or upCLOSE-RV Properties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Platform, upCLOSE-RV Properties or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Platform and upCLOSE-RV Properties to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Platform or upCLOSE-RV Properties and other mechanisms to subsidize the Platform or upCLOSE-RV Properties. By agreeing to these terms and conditions you agree to receive such advertising and marketing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the upCLOSE-RV Properties.
By entering into this Agreement and using the Platform or upCLOSE-RV Properties, you agree that you shall defend, indemnify and hold the Company, its licensors, applicable upCLOSE-RV Properties Owners and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Platform or upCLOSE-RV Properties, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of the Company or a upCLOSE-RV Properties Owner.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE PLATFORM, WEBSITE, UPCLOSE-RV PROPERTIES OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM, WEBSITE, APPLICATION, OR UPCLOSE-RV PROPERTIES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE WEBSITE, PLATFORM, UPCLOSE-RV PROPERTIES OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE UPCLOSE-RV PROPERTIES, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE, THE PLATFORM, UPCLOSE-RV PROPERTIES, OR APPLICATION WILL BE CORRECTED, OR (F) THE WEBSITE, APPLICATION, THE PLATFORM OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE, UPCLOSE-RV PROPERTIES, THE PLATFORM AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND UPCLOSE-RV PROPERTIES OWNERS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE UPCLOSE-RV PROPERTIES, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE, THE PLATFORM, UPCLOSE-RV PROPERTIES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, PLATFORM, APPLICATION AND UPCLOSE-RV PROPERTIES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
FOR GREATER CERTAINTY: (A) THE LOCKING MECHANISM (IF AVAILABLE OR USED) USED ON THE UPCLOSE-RV PROPERTIES IS NOT PROVIDED BY THE COMPANY AND THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) THE UPCLOSE-RV PROPERTIES ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY THE COMPANY, AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO.
ADDITIONALLY, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY upCLOSE-RV PROPERTIES FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE upCLOSE-RV PROPERTIES AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE WIFI ACCESSIBLE IN THE upCLOSE-RV Properties, INCLUDING WITH REGARD TO ACCESS THERETO.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PLATFORM, WEBSITE, AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL THE COMPANY'S OR ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) A UPCLOSE-RV RENTAL PROPERTY, THE PLATFORM, WEBSITE OR APPLICATION EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY U.S. DOLLARS ($50). IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE PLATFORM, UPCLOSE-RV PROPERTIES, OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, THE PLATFORM, UPCLOSE-RV PROPERTIES, OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE WEBSITE, APPLICATION, THE PLATFORM, OR UPCLOSE-RV PROPERTIES. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY AND/OR ITS LICENSORS OR ANY UPCLOSE-RV PROPERTIES OWNER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING UPCLOSE-RV PROPERTIES OFFERED VIA THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH UPCLOSE-RVPLACES OWNERS OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE PLATFORM, APPLICATION OR UPCLOSE-RV PROPERTIES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE WEBSITE, APPLICATION OR UPCLOSE-RV PROPERTIES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE BUILDINGS IN WHICH THE UPCLOSE-RV PROPERTIES ARE LOCATED ARE ENTIRELY THE RESPONSIBILITY OF THE UPCLOSE-RV PROPERTIES OWNERS. YOU UNDERSTAND THAT BY USING THE PLATFORM, WEBSITE, APPLICATION AND THE UPCLOSE-RV PROPERTIES, YOU MAY BE EXPOSED TO LOCATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WEBSITE, APPLICATION AND THE UPCLOSE-RV PROPERTIES AT YOUR OWN RISK.
TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT THE COMPANY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that the Company only acts as a facilitator between the Hosts and the Guests and as such is not responsible or liable, and does not make any warranties, in relation to the rental of the facilities themselves. Nothing in the Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.
Subject to this clause, and to the extent permitted by law:
The Company is not responsible for any damage to a Host’s property and is not responsible for the Hosts maintaining proper licensing. The Company does not perform background checks on Users, and the Company is not responsible for the safety of its Users. The Company encourages all Users to exercise care and caution in their interactions and to use good judgement in their interactions with other Users. The Company is not responsible for taxes owed or due by the Users, and it is the responsibility of each User to file and comply with any local, state, or federal tax laws in their jurisdiction.
Use of the Platform and the services is at your own risk. Everything in relation to the Platform and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of the Company make any express or implied representation or warranty about its Content or any products or Services (including the products or services of the Company) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
The Company may give notice by means of email to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) at any time by means of email.
This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Agreement may be assigned without your consent (in whole or in part) by the Company, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
General - This Agreement and any action related thereto will be governed by the laws of the state of Pennsylvania without regard to its conflict of laws provisions. Subject to the rest of this Section 22, the exclusive jurisdiction and venue of any action in relation to this Agreement will be the state and federal courts located in the District of Pennsylvania and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Company may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.
Arbitration - Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at http://www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
Class Action Waiver - YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION 22 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Time Limits - YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, APPLICATION OR UPCLOSE-RV PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
By using the Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree that the Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with the Company or your use of upCLOSE-RV Rental Home or Property, and remove and discard all or any part of your account or any of your User Content, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Platform and upCLOSE-RV Properties, or any part thereof, with or without notice. You agree that any termination of your access to the Platform, upCLOSE-RV Properties, or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity. You may terminate this Agreement at any time by deleting the Application from your device, ceasing all use of the Platform and upCLOSE-RV Properties and requesting the Company to cancel your account via email sent to firstname.lastname@example.org with complete account information as required by the Company.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Platform or upCLOSE-RV Properties. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Nothing in this Agreement allows any party who is not a party to this Agreement to have any rights under this Agreement nor be able to enforce this Agreement.