BOONDOKKER, LLC

WEBSITE AND MOBILE APP TERMS OF USE AND 

LIMITATION OF LIABILITY AGREEMENT

PLEASE READ THE FOLLOWING PRIOR TO USING THIS SITE.

(this agreement can be reviewed and printed at boondokker.com)

 

THE BOONDOKKER.COM WEBSITE AND MOBILE APPLICATION ("SITE") ARE OWNED AND OPERATED BY BOONDOKKER, LLC, AN ARIZONA LIMITED LIABILITY COMPANY ("THE COMPANY"). BY CLICKING "ACCEPT TERMS" AT THE END OF THIS AGREEMENT OR BY INSTALLING, ACCESSING, OR USING ANY PART OF THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND ITS TERMS AND CONDITIONS, AND THAT YOU HEREBY AGREE TO BE BOUND LEGALLY BY THIS AGREEMENT (“AGREEMENT” OR “TERMS”).

IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION BY THE COMPANY TO INSTALL, ACCESS, BROWSE, OR OTHERWISE USE THE SITE. IN SUCH CASE, PLEASE CLICK "REJECT TERMS” AND PROMPTLY EXIT.

IF HOSTS OR GUESTS ARE SOMEHOW ABLE TO USE THE WEBSITE WITHOUT ACCEPTING OR REJECTING THE AGREEMENT, THEIR USE OF THE SITE IS EVIDENCE OF THEIR ACCEPTANCE OF THE AGREEMENT.

1 General.

1.1 Definitions.

“Booking” – A contract between a Host and a Guest under which the Host has offered a Parking Spot to a Guest through a Listing on the Site, the terms of which a Guest has accepted and agreed to make payment for its use.


“DokkerRewards” – Is a loyalty program where Guests may join to earn a reward night to redeem after 10 Bookings. The details are discussed below in Section 22.


“Guest” – A User who creates an account as a Guest to search for and rent Parking Spots, or otherwise use the resources available through the Site.


“Host” – A User who creates an account as a Host to publish, List, offer, and rent Parking Spots, or otherwise use the resources available through the Site.


“Listing” – Is the Host’s published offer on the Site for a short-term rental of a Parking Spot, the terms of which may include, among other things, the price, availability, location, and rules.


“Parking Spot” – A place for a Guest to park that is being rented by the Host, including residential driveways, wooded areas, hotel parking lots, and any other parking legally offered by a Host to a Guest.


“Property” – The real property (ie. land) owned or operated by the Host on which the Parking Spot is located, which may or may not contain a residential dwelling or other structure.


“Site” – Includes both THE COMPANY’s app and website, offered online for Users to publish, offer, search for, and Book Parking Spots, residential and other, for Vehicles, both domestically (and soon, internationally).


“Term” - This Agreement commences on the date when you accept them (as described above) and remain in full force and effect while you use the Site, unless terminated earlier in accordance with Section 26.


“User” – Any person who accesses the Site in any manner, including browsing or creating an account


“Vehicle” – Any recreational vehicle (Class A, B, or C), motorhome, fifth-wheel, camper van, truck camper, toy hauler, converted school bus, or RV trailer.


"You," "your," and "yours,” mean or refer interchangeably to the User. If more than one person makes a Booking, or receives services through the Site, this Agreement shall also apply to all such other persons.


1.2 Disclaimers.

THE COMPANY is NOT:

A real estate broker, real estate salesperson, real estate agent, or an insurer, and does not own, control, offer, or manage the Hosts’ Listings, Guest profile, or any content. THE COMPANY only provides a platform for Hosts and Guests.


A party to the Booking contract between Guests and Hosts.


Acting as an agent in any capacity for Users, Guests, or Hosts, except with regard to processing payment.


An owner, operator, manager, or provider of any Booking, Property, Parking Spot, or Listing.


Please carefully read Sections 20 and 21 below under the headings “Dispute Resolution” and “Waiver of Class Action” as these provisions contain a binding arbitration agreement and a class action waiver, which may affect your legal rights.

2 Generally Wise Rules for Hosts and Guests to Follow.

Hosts and Guests will likely have a more pleasant interaction with each other and overall positive experience if the following common-sense rules are adhered to:

For both Hosts and Guests:

• Act with integrity and treat each other with respect.

• Use your best efforts to make the stay pleasant.

• Don’t bother or harass each other.

• Avoid discussions about politics or religion.

• Communicate prior to arrival.

• Keep noise to a minimum.

• Don’t exchange cash payments.

• Honor your legal obligations.

• If there is a problem, or accident, remain calm and polite.

• Understand and follow the laws that apply to you, including privacy, data protection, and local ordinances relating to parking laws.

• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Boondokker branding.
   

Specific to Hosts:

• Present a clean Parking Spot, and surrounding area, to Guests.

• Ensure that the Parking Spot is clear of snow and ice prior to the Guest’s arrival.

• Only use a Guest’s personal information as necessary to facilitate a Booking using the Site as authorized by this Agreement.

• Do not use the Site’s messaging tools or Guest’s personal information to send commercial messages without express consent.

• Do not request, make, or accept a Booking or any cash or credit payment outside of the Site to avoid paying Service Fees, Taxes, or for any other reason.

• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a Booking.

• Do not offer a Parking Spot if it will violate the law or agreements that apply to you.
   

Specific to Guests:

• Leave a clean Parking Spot, and surrounding area, when departing a Parking Spot.

• Do not book extra amenities unless you are sure you will use the amenities. There will only be a refund if the Host indicates in their Listing that a refund may be given.

• Unless the Parking Spot is remote, or a campsite, or RV park, arrive as late as possible and leave as early as possible to avoid unduly impacting the neighborhood.

• Unless the Parking Spot is remote, or a campsite, or RV park, please keep outdoor activities such as cooking, sports, drinking, playing music or instruments, to a minimum, unless given express permission by the Host.

3 Hosts.


Important: It is the Host’s responsibility to ensure that they are permitted by State and local rules/laws, parking rules, and ordinances, to rent a Parking Spot to third parties on their Property. Hosts should understand how the laws work in their jurisdiction. Some jurisdictions require registration, licenses, or permits to rent short-term to third parties. Hosts are solely responsible for any and all compliance with the law. Moreover, Hosts are responsible for the payment of any ticket or fine related to unauthorized parking that a Guest receives while on a Host’s Property.


Hosts represent and warrant that any Listing, Booking, or use by a Guest of a Host’s Parking Spot will not breach any agreements the Host has entered into with any third parties, such as lease or rental agreements, condominium rules, HOA rules, and will be in compliance with all applicable laws, tax requirements, rules, and regulations that may apply to the Host’s Property, which includes having all required permits, licenses and registrations. THE COMPANY assumes no responsibility for any compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.


3.1 Hosting. THE COMPANY offers Hosts the opportunity to make extra money renting their Parking Spot(s) to a community of recreational vehicle owners (and other Vehicles), who wish to be your Guest. It’s easy to create a Host account and you are in control of how you host, the price, amenities (if any), availability, and the rules for each Booking.

3.2 Creating and Managing Your Listing. THE COMPANY’s Site provides tools for setting up and managing a Host account (“Listing”). Your Listing must include complete and accurate information about your Parking Spot, rental price, and any other charges like, for example, extra amenities, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You may only maintain one Listing per Booking but may have multiple Listings for a single property if it has multiple Parking Spots. You agree that your content is your sole responsibility, and THE COMPANY has no obligation to pre-screen content. However, THE COMPANY may remove content that is objectionable in its sole discretion. You also agree that you have no expectation of privacy as to the content that you provide on the Site and that THE COMPANY has no obligation to store your content.

3.3 Host Insurance. THE COMPANY highly recommends that you obtain appropriate insurance to protect your home and personal property from damage, fire and other casualty caused by Guests, and to insure against personal injury or death, and suggests you carefully review policy terms and conditions including coverage details and exclusions.

3.4 Know Your Local Laws. Check your local rules to learn what rules apply to renting the Parking Spot you plan to offer. You hereby agree that in the event a Guest receives a ticket or fine for parking on your Property, you as the Host agree to promptly pay the ticket or fine and notify the Guest that it has been paid. If you fail to promptly pay the ticket or fine, the amount will be deducted from your future rentals to pay the ticket or fine, or in the alternative, you may be removed from the Site and not permitted to rejoin. If you receive a ticket or fine from your local jurisdiction related to operating an unlawful business or violating another rule, law, or ordinance related parking rentals, you agree that you are responsible to pay it, not the Guest or THE COMPANY.

3.5 Contracting with Guests. When Hosts receive a Booking request, the Host will have 12 hours to accept or reject the Booking request. If no selection is made by the Host then the Booking will be automatically accepted after the 12 hours elapses. When a Host accepts a Booking from a Guest through the Site, you are entering into a contract directly with the Guest. You are responsible for fulfilling your obligations under the terms and at the price specified in your Listing. You also agree to pay all applicable fees to THE COMPANY, such as the Service Fee (as defined below) and applicable taxes for each Booking (as explained below).

3.6 Independence of Hosts. Hosts agree that THE COMPANY acts solely as a technology service that facilitates communication and is not a party to any transaction between Hosts and Guests, except as described herein. Pricing is set by the Host. You acknowledge and agree that you, and not THE COMPANY, will be responsible for performing the obligations of any agreement you may have with a Guest, and that THE COMPANY is not a party to such contract, and that, with the exception of its payment obligations hereunder, THE COMPANY disclaims all liability arising from or related to any such transaction, contract, or agreement.

3.7 Relationship of the Parties. The Host’s relationship with THE COMPANY is not that of an independent contractor, employee, agent, joint venturer, member, manager, or partner. THE COMPANY does not direct or control your Listing, and you agree that you have complete discretion whether and when to accept a Booking, and at what price and on what terms to offer them. THE COMPANY’s responsibilities are limited to facilitating the availability of the Site and serving as the limited payment collection agent of Host’s for the purpose of accepting payments from Guests. THE COMPANY has also provided a standard “Cancellation Policy,” addressed in Section 5 below.

3.8 Photo Images and Measurements. Hosts agree that THE COMPANY may take photos of the Host’s Parking Spot and immediately surrounding property for the purpose of uploading to your Listing, and may upload satellite images of the Host’s Parking Spot to the Host’s Listing. THE COMPANY may also measure the incline of the Parking Spot and indicate its findings within your Listing.

3.9 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Listing or accept a Booking. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside of the Site. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside THE COMPANY’s Site.

3.10 Your Assumption of Risk. You acknowledge that Hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of THE COMPANY’s Site, offering a Parking Spot on your Property, or any interaction you have with other Users or Guests whether in person or online.

3.11 Information Provided. Information THE COMPANY provides that purports to be legal in nature is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and this Agreement. You agree that you have had the opportunity to investigate THE COMPANY’s Site and any laws, rules, regulations, or obligations that may be applicable to your Listings or Booking and that you are not relying upon any statement of fact or law made by THE COMPANY. If you have questions about how local laws apply, or any part of this Agreement, you should seek legal advice.


4 Guests.

4.1 THE COMPANY’S Role. Guests agree that THE COMPANY acts solely as a technology service that facilitates communication and is not a party to any transaction or agreement between Hosts and Guests, except as described herein. Pricing is set by the Host and THE COMPANY is not a party to such transaction, with the exception of its payment obligations described in this Agreement. THE COMPANY disclaims all liability arising from or related to any such transactions or agreements. THE COMPANY does not direct or control the Host’s Listing, and you agree that as a Guest you have complete discretion whether and when to Book through any particular Host. THE COMPANY’s responsibilities are limited to facilitating the availability of the Site and serving as the limited payment collection agent for the Host.

4.2 Damage to Property by Guests. In the event that a Host provides evidence (including photographs) of damage by a Guest to a Host’s personal property, the Guest agrees to pay the cost of replacing the damaged items or property with equivalent items.  If after being notified of the claim and given forty-eight (48) hours to respond, the Guest fails to replace the damaged property, the payment will be charged to and taken from the Guest’s credit card on file in your Account. If THE COMPANY is unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any property damage to the applicable Host or to THE COMPANY (if applicable). As a Guest, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that you are responsible for 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 Property.

4.3 Payments. You agree that THE COMPANY is authorized to immediately charge your credit card on file for all payments, fees, and charges due and payable to the Host or THE COMPANY hereunder and that no additional notice or consent is required.

4.4 Bookings. if you make a Booking, you agree to pay any and all fees or charges associated with such Booking. We may charge a Service Fee for the service we provide when you make a Booking. You also authorize THE COMPANY to charge your credit card in the event of damage caused at a Property in accordance with the Terms.

4.5 Payment Processing. THE COMPANY uses a third-party payment provider to process payments (“Payment Provider”). By submitting your payment information to or through our Payment Provider, you authorize us to charge the applicable payment method for your Booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or other payment processing means, such as PayPal, Venmo, etc., account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities.  You agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to THE COMPANY hereunder (including any damage you cause at or to a Property) and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on THE COMPANY’s Site or by e-mail delivery to you.

4.6 Limited Collection Agent for Hosts. In the event of Booking, we may act as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host.

4.7 Charge Disputes.  You must notify THE COMPANY by e-mail within ten (10) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Dispute emails should be sent to contact@boondokker.com with “Billing Dispute” in the subject field.

4.8 Property Terms and Conditions.  As a Guest, you agree to comply with all applicable Host rules, and other local and state laws, rules, regulations, and local ordinances, related to any Booking you make. Unless otherwise agreed in writing, settlement of all fees and charges incurred in Booking a Parking Spot is to be made by you prior to your use and shall not be considered guaranteed until written confirmation has been provided to you.

4.9 Insurance. Guests must have valid, current Vehicle insurance to enter onto the Property of a Host. Please see Section 11 for more details on insurance requirements.

4.10 Toilets. Most Hosts will not have toilets for use by Guests. Please check the individual Host Listing to determine if toilets are available.


5 Cancellations and Booking Modifications.

Cancellations disrupt Guests' plans and Hosts’ expectations, and impact confidence in the Boondokker community. Although cancellations are typically rare, they are a reality of life.

THE COMPANY has a clear, simple, standardized Booking cancellation and modification policy:

5.1 Guests. Guests may cancel up until 48 hours prior to the Guest’s scheduled check-in time without penalty. If payment has already been made, then the Guest will receive a full refund, minus the Guest’s Boondokker Service Fee that would otherwise have been paid had the Booking not been cancelled by the Guest. If the Host fails to refund a cancellation by a Guest according to this paragraph, then a Host’s payout amounts may be withheld by THE COMPANY.

5.2 Cancellations by Guests that occur within 48 hours of check-in time.

For a cancellation made by a Guest that occurs less than 48 hours but more than 24 hours from the scheduled check-in time, the Guest will receive 50% of their payment as a refund and the Host will retain 50% of the payment.

For a cancellation made by a Guest that occurs less than 24 hours but more than 12 hours from the scheduled check-in time, the Guest will receive 25% of their payment as a refund and the Host will retain 75% of the payment.

For a cancellation made by a Guest that occurs less than 12 hours but more than 0 hours from the scheduled check-in time, the Guest will receive 0% of their payment as a refund and the Host will retain 100% of the payment.

5.3 Hosts. Hosts may cancel for any reason up until 72 hours prior to a Guest’s scheduled check-in time. If the Guest’s payment has already been made, then the Guest will receive a full refund. The Host will be charged the Host’s Boondokker’s Services Fee that would otherwise have been paid had the Booking not been cancelled by the Host. Hosts may not cancel within 72 hours of a Guest’s check-in time, unless the Host can provide evidence of a death in the Host’s family, the occurrence of a natural disaster, or extreme weather that makes it unsafe for the Guest to use the Parking Spot. In those situations, the Guest will receive a full refund.

5.4 Booking Modifications. Guests may request a Booking modification after the Booking is made. However, the modification must be made in writing via the Site, and both parties must agree to pay (or refund, if applicable) any additional amounts, fees, service fees, or taxes associated with an agreed upon Booking modification.

5.5 Indemnity. Neither Hosts nor Guests will seek a cancellation refund from THE COMPANY for any reason whatsoever. THE COMPANY is not responsible for cancellations or Booking modifications. Cancellations and refunds are handled between Hosts and Guests. THE COMPANY is not responsible for cancellation, modification, or refund disputes (“Dispute”) and will not mediate a dispute.


If the Host disagrees with THE COMPANY’S policy or its use, please contact us at contact@boondokker.com.


By using this Site, Hosts and Guests hereby agree to defend, indemnify, and hold THE COMPANY harmless from any alleged or actual costs related to a dispute between a Guest and a Host related to a cancellation, modification, or refund, or from indirect or consequential damages resulting therefrom, and shall pay all of THE COMPANY’S actual attorney’s fees, court filing fees, arbitration fees, and any other costs incurred by THE COMPANY. This indemnity does not replace, but is in addition to, any other indemnity contained within this Agreement.


6 Taxes.

6.1 Host Taxes. Hosts are solely responsible to report to tax authorities such income received from being a Host on this Site. Hosts may also be responsible to report other types of taxes, including indirect taxes, occupancy taxes, tourist taxes, and so forth (“Tax").

6.2 Tax Information. In certain jurisdictions, tax regulations may require that THE COMPANY collect and/or report tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided.


7 Payout Terms.

7.1 THE COMPANY currently uses the company Stripe as its payment processor. Stripe controls when a Payout is made, but it will typically be approximately 24 hours after a Guest’s Booking ends.

If you have multiple Listings with check-ins on the same day, funds will usually be deposited as a single payout. If you have a minimum payout amount set, your payout won’t be released until that amount is met.

7.2 Calculating your Payout.

Host’s Payout = The Booked nightly Parking Spot rental rate (plus the rental of amenities, if any), minus applicable taxes collected, minus the Service Fee (“Payout”). The Payout received will be slightly less than the total shown because the Guest’s portion of the Boondokker Service fee will added to the total, but will be paid to THE COMPANY.

Your bank and how you choose for the Payout to be disbursed will determine how long it will take for the Payout to arrive in your account. Be sure to set up at least one Payout method for your account.

You can check the status of your Payout via your transaction history.

7.3 THE COMPANY Service Fees.

For THE COMPANY to run smoothly and cover the cost of operating, we charge a service fee when a Booking is confirmed.

The total service fee is fourteen (14%) percent (“Service Fee”) and split evenly between the Host and Guest at seven (7%) percent each.

7.4 Average processing times.

As soon as THE COMPANY releases your Payout, it’s sent for processing before it arrives with your bank. Additional time is usually needed for the money to finally settle in your bank account. Please keep in mind that some banks don’t process transactions on weekends or holidays, so yours will be processed the next business day. Contact your bank directly if you have any questions.

7.5 Timing and Payout reviews.

All transactions and Payouts may be reviewed before they’re sent. For example, we may review a transaction in order to prevent fraud. This could result in a Payout being delayed, paused, or, in rare cases, removed from your account. In these cases, we may be required by law to delay Payouts, and you may be asked to provide additional information to verify your identity.

Reviews and audits are part of THE COMPANY’s standard process that is conducted in order to prevent fraud and comply with regulations.

7.6 Fees may apply.

In some cases, the financial institution you use to get your money may charge an additional fee. Please check with your bank.


8 THE COMPANY’S Privacy Policy.

The purpose of this policy is to inform Guests and Hosts about the personal information we collect, how we use and share that information, and the ways in which you can control how we use and share that information. By using this Site, you agree to the terms of this policy and you expressly consent to the collection, use, and disclosure of your personal information in accordance with this policy.

As a general statement, THE COMPANY has no interest in, and will not, sell a Guest’s or Host’s personal information to unrelated third parties for money; however, during the course of the registration process, marketing efforts, targeted or general advertising, or site improvement/metric analysis/analytics, it is possible that some personal information may be used. THE COMPANY will not use, sell, or market your Vehicle license plate number, bank account information, insurance information, or home address.

The Company reserves the right to conduct routine audits of Hosts’ and Guests’ accounts, as well as monitor messages sent between Hosts and Guests to ensure that no illegal transactions are taking place or communications that would seek to circumvent this Site to avoid payment of fees.

8.1 User Registration Data.

At the time of registration on the Site, we may ask you to provide certain information, which includes your email address, name, date of birth, phone number and location, among other information ("User Data"), as well as a username and password for your Profile and your account.

8.2 Information You May Provide.

You may elect to provide a variety of information during your interactions with us on the Site, including during the account registration process.

8.3 Information as to your Device.

When you access and use the Site from a computer, mobile phone, tablet or other electronic device, we may collect information about those devices, including your browser type and Internet Protocol (IP) address. If you access the Site from a mobile phone, tablet, automobile, or other electronic device, we may collect and store information such as device type, operating system version and type, unique identifiers (such as mobile advertising ID), wireless carrier, and other related information for that device.

8.4 Information as to your Location.

When you register for the Site, you may provide us with your zip, postal code, or location. We may also collect location information from devices you use while accessing the Site. Depending on the device and operating system, device-based location information may be derived from GPS and nearby wireless signals such as cell towers, Wi-Fi networks, and Bluetooth beacons. We will not collect your device-based location information unless you have permitted us to access location services on your device. You can disable this access at any time in your system settings.

8.5 Other Information.

We may collect certain information through the use of log files and servers. These servers create log files as part of the process of setup and configuration. Information in a log file may include IP address, browser type, Internet service provider, date/time stamps, and other usage information and statistical information.

8.6 Third-party Use of Your Information.

We are not responsible for, and will assume no liability, if a business partner or other third-party entity collects, uses, or shares any information about you in violation of its own privacy policy or any applicable laws, rules, or agreements.

8.7 How We Use the Information.

We may use your User Data and other information or data we receive or collect, as well as data we derive or infer from combinations of the foregoing, for a variety of purposes, such as:

To facilitate the creation of and secure your account on the Site.

To provide and improve the Site and to develop new products and services.

To customize and personalize the advertising and other content we deliver to you both on the Site. We use this information to provide you with relevant and interesting advertising and other content.

To fulfill your requests for certain products and services, such as enabling you to participate in surveys and public forums.

To send you information that you requested or agreed to receive.

To alert you to the latest developments and features on our Site and to notify you of administrative information, such as security or support and maintenance advisories.

To invite you to participate in events or special promotions related to products we think you may like or in which you may be interested.

We do not sell or give your email address to other companies for their own marketing purposes without your permission. However, we may use your email address or other User Data to provide you with technical support, send you notices about the Site or other promotional offers you have elected to receive, and to serve you with ads that are more relevant to your interests. We may also work with data partners and advertising platforms to help increase the relevance of ads we provide to you. In doing so, we may use information representing an encrypted or hashed value derived from information we have received, such as your email address, in connection with these partners and platforms.

We do not sell or give your Contact Information to companies for their own marketing purposes without your permission. We do use Contact Information, however, to contact you, and to provide you with special offers and other information. If you provided your Contact Information as part of your use of the Site, we may use your Contact Information to update you on new features and products. You may contact us at any time to request that we cease using your Contact Information.

8.8 Information Collection Technologies/Cookies.

We use cookies and the identifier in these cookies to help us manage and report on your interaction with Site. Through cookies, we are able to collect information that we use to improve the Site, keep count of return visits to our website or our advertisers' or partners' websites, collect and report on aggregate statistical information, authenticate your login credentials, or manage multiple instances of the Service in a single browser. We may also collect other data such as the page or site that referred you to the Site, the date and time you visited the Site, and your current IP address. You may be able to remove cookies by following directions provided in your browser.

Advertisers and other third-party advertising entities that advertise on the Site may place or recognize a unique cookie on your hard drive. These entities may use these cookies to collect information about you, which may include how many times you have seen their ads or whether you have interacted with an ad. Be sure to check with your web browsers on how to accept or reject third-party cookies.

8.9 Sharing Information with Others.

We may share information we collect with our successors or related companies for the purposes described in our respective privacy policies, and to offer, provide, and improve services and products offered both individually and jointly with these companies.

We may share information we receive or collect, such as when you give us permission through an affirmative election (for example, clicking "yes" in response to a message or email inquiring as to whether to "share my email with this advertiser"). We may also share information if we partner with a third party to provide services on our behalf, such as credit card processors, customer support, advertising services, or bulk email processors who may send out emails on our behalf. These companies are authorized to use your personal information only as necessary to provide these services to us. They are not authorized to use your personal information for their own, unrelated purposes.

We may also share your information in order to comply with legal requests such as subpoenas or court orders or to protect or defend our legal rights or property or the legal rights of third parties, employees, agents, and contractors (including under our agreements).

Additionally, we may share information we gather from devices you use to access the Site with its third-party vendors, manufacturers, service providers or advertising entities. We share this information for a variety of purposes such as tracking advertising, estimating the number of users, security and fraud detection, debugging problems and for providing you with more relevant advertisements on the Site.

If there is a transfer or sharing of your personal information in accordance with this policy, we will seek assurances from the recipients of such information (prior to the transfer) that they will safeguard the information in a manner consistent with this policy.

8.10 Account Management and Settings.

You will have the ability to access and modify your User Data on your account, which you may do through the Settings section of our Site at any time.

You have control through Settings on your Account and on your Profile to limit data we collect from you and how we use it. You can also download the information you have shared with the Site.

Your User Registration Data will be retained by us while your account and Profile is active. We will retain and use this information for the purposes for which it was collected (as specified in this policy or as we disclose to you outside of this policy), including, to provide information and products to you, comply with our legal obligations, resolve disputes, and enforce our agreements.

Upon your registration of an account on the Site, you may elect to receive promotional, marketing, or other similar emails tailored to your interests. You may change this election at any time. Additionally, you may also unsubscribe from any promotional, marketing, or other similar emails you receive. We will send you confirmation emails and other Site-related or App-related announcements when it is necessary to do so.

You may permanently delete all of your personal information from the Site and delete your account at any time.

8.11 Security Measures.

When necessary, we have implemented security measures designed to protect against the loss, misuse, and alteration of the information we collect or receive from you. Nevertheless, no security measures are impenetrable and there are always security risks.

We will use the information we collect in ways that are relevant and compatible with the purpose for which that information was collected or provided to us as disclosed in this policy.

Our Site, as well as advertisements on our Site, may include links to other websites whose privacy practices may differ from ours. If you submit personal information to any of those websites, the privacy statements and practices of those websites govern their use of your information. Please be sure to review the privacy statement of any website you visit.

Other third parties or advertisers may utilize framing techniques to serve content to and from webpages accessible through our Site while preserving the look and feel of our website. Please note that you may be providing your personal information to this third-party (and not to us) in this situation.

8.12 Minors/Children.

Registration on the Site by anyone under 18 years of age is prohibited. In accordance with the Children's Online Privacy Protection Act (COPPA), we never knowingly collect or maintain information on our Site from those we know are under the age of 18, and no part of our Site is structured to attract anyone under 18. Upon notice that we have collected information from children under the age of 18, we will take immediate steps for its removal. You can report any potential violation of account that appears to be distributing or promoting child content, including child exploitation, by contacting us at: contact@boondokker.com

8.13. State Laws.

Your personal information and its collection, use, sources, and sharing are described in this policy. Please see below for additional provisions, as required under the consumer privacy law of your state.


California Residents:

Your rights under Cal. Civ. Code § 1798.83 (aka “Shine the Light law”): We only share personal information (as defined) with third parties for direct marketing purposes if you either specifically opt-in, or are offered the opportunity to opt-out and elect not to opt-out of such sharing at the time you provide personal information or when you choose to participate in a feature on the Site. If you do not opt-in or if you opt-out at that time, we will not share your personal information with that identified third party for direct marketing purposes.

Your rights under Cal. Bus. & Prof. Code § 22575(b) ("Do Not Track" Browser Settings): You are entitled to know how we respond to "Do Not Track" browser settings. Like many other websites, we do not currently alter our practices when we receive Do Not Track signals. However, you have the option to opt-out of interest-based advertising. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com/.

You also have rights under the California Consumer Privacy Act of 2018 (CCPA): See THE COMPANY’s separate CCPA policy posted on the Site.

 

Nevada Residents:

If you are a resident of Nevada, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes, subject to applicable law. We do not sell your personal information for such use. You are entitled to register your preference for limits on such sales in the future by sending an email to us with the subject line, "Nevada Do Not Sell Request" along with your first and last name, zip code, and whether you are a former or current account-holder or user. Your email address must match the email address on your account to process this request.

8.14 Changes to our Privacy Policy.

Our privacy policies will be periodically reviewed and evaluated in connection with new products, new services, new technologies, changes in law and your needs. We may make changes or modifications to our policy as a result thereof. Our policy will be updated from time to time. If we make any material changes to this policy, we will post the updated terms of the policy on the Site, and provide you notice of such changes, which may include notice by email through a message sent to the email address you use to access the Site or to register as a user on the Site.

Modifications to our policy will be effective within thirty (30) calendar days following our email notice to you. You are responsible for updating your account information to provide us with your most current email address as the email notice constitutes effective notice of said changes.

8.15 Miscellaneous.

From time to time, we shall conduct compliance audits of our relevant privacy practices to verify adherence to this policy and that said policy is current and accurate.

Any complaints or disputes as to collection or use of information under this policy shall be completely investigated to seek a resolution or cooperate with dispute resolution procedures, if applicable to the dispute.

8.16 Contact Us.

If you have any questions about this privacy policy, our privacy practices or how we collect or process your personal data, please contact us at: contact@boondokker.com

 

9 Host Privacy Standards.

9.1 Handling Guests’ Personal Information.

As a Host you will receive and use Guests’ personal information to manage your reservations and deliver your Host Service. Please remember that you are responsible for complying with applicable privacy laws when you handle and process personal information. You should only use personal information you receive through THE COMPANY as necessary to manage your reservations and deliver your Host Service. You may not encourage or require Guests to: open an account, leave a review, or otherwise interact, with a third-party website, application or service before, during or after a reservation, unless authorized by THE COMPANY.


10 Additional General Terms and Conditions.

10.1 Third-party Information.

This Site is for posting and Booking Parking Spots. Hosts and Guests will have the ability to post photos and content and are responsible for their own content. You agree that THE COMPANY is not responsible for any acts, errors, warranties, representations, breaches, negligence or omissions of Hosts, or their failure to provide the Parking Spot offered, or adhere to their own schedules, or for any personal injury, death, property damage, or other loss or expense, accident, delay, inconvenience or irregularity which may be caused by, or to, the Hosts or Guest or any other party or occurrence not under THE COMPANY's sole control.


10.2 The Hosts providing the Services are independent entities and are not agents, employees, contractors, servants, partners, or joint ventures of THE COMPANY.


10.3 Furthermore, all information provided to THE COMPANY from a third party, advertiser, or any other source is deemed to be accepted in good-faith as reasonably accurate. By using THE COMPANY's website, you acknowledge that this disclaimer frees THE COMPANY from any liability whatsoever arising from inaccurate information concerning a product or service that is, or was, advertised on this website.


10.4 THE COMPANY is not responsible for content on the Site provided by Hosts and Guests. All information is offered without representations or warranties of any kind.

 

11 Insurance.

11.1 THE COMPANY requires that all Guests have current, valid, Vehicle insurance to protect both the Host and Guest from unexpected accidents and liability. Guests must have valid property damage liability insurance and bodily injury liability insurance on the Vehicle they will park on a Host’s property. Guests represent and warrant that they do in fact have current, valid Vehicle insurance at the time of any Booking. Hosts represent and warrant that they do in fact have homeowner’s insurance or supplemental liability insurance to cover any damage to their property, injury or death.

11.2 By checking, “Yes, I have insurance” on the Site in response to “I represent that I have valid auto insurance of my RV,” the Guest agrees that the representation may be forwarded to the Host. You also agree that in the event you check “Yes, I have insurance” but factually do not have valid Vehicle insurance while parking on a Host’s Property, you agree to indemnify the Host and Boondokker, LLC from and against any and all damage caused by the Guest or the Guest’s Vehicle while on the Host’s Property that would otherwise have been covered by insurance, plus any consequential, indirect, or incidental damage that may occur as a result of your negligence or misconduct. In the event that insurance is not sufficient enough to cover the property damage, injury, or death caused by you or your Vehicle while a Guest on the Host’s property, you agree to promptly pay the Host the outstanding amount. Moreover, by checking , “Yes, I have insurance” the Guest agrees to maintain their insurance for the duration of their stay with a Host and not let it lapse during their stay.

11.3 THE COMPANY may require that a Guest’s insurance card be uploaded and kept on file. If that is the case, the insurance card will be encrypted. Insurance should protect against damage to the Host’s home and the Guest’s Vehicle. THE COMPANY is not responsible for the decision of any insurer or insurance or administrator under a Host’s or Guest’s individual insurance policy related to any claim.

 

12 Intellectual Property, Ownership, and Restrictions on Use.

12.1 By visiting the Site, you acknowledge that the information, software, routines, design, text, images, look and feel, graphics and pictures published within the entire domain of BOONDOKKER are owned or licensed by THE COMPANY and protected by copyright law. You are expressly forbidden to copy, reproduce, republish, upload, post, transmit, or distribute in any way any of the information or pictures without written permission from THE COMPANY, unless you are the original author or owner of the material. Furthermore, modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights of THE COMPANY.

12.2 You are expressly forbidden to: 1) scrape, hack, reverse engineer, compromise or impair the Site; 2) use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Site; 3) hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Site or Content; and/or, 4) decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Site.

12.3 Moreover, all logos, photographs, text, illustrations, artworks, designs, and other graphic materials, provided by THE COMPANY on the Site, are the property of THE COMPANY, its grantees, licensees, and others. Except as otherwise stated or allowed herein, the use of the any of the logos photographs, text, illustrations, artworks, designs, and other graphic materials, on the Site, without express prior written permission of the respective owner is strictly prohibited.

12.4 The names BOONDOKKER, BOONDOCKER.COM, AND BOONDOKKER, LLC are registered and/or unregistered trademarks and/or service marks of THE COMPANY. Other names and logos contained in this Site or in the Site Materials are trademarks and service marks of our affiliates, service providers, and travel companies, and shall not be used without the express written permission of the respective trademark or service mark owner.

12.5 Mobile Application License. Subject to your compliance with the Terms, THE COMPANY grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of THE COMPANY’s software application for mobile devices (“Application”) on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.  Furthermore, with respect to any Application accessed through or downloaded from an App Store (“App Store Sourced Application”), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the App Store Terms of Service.

12.6 App Stores.  You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”).  You acknowledge that the Terms are between you and THE COMPANY and not with the App Store.  THE COMPANY, not the App Store, is solely responsible for THE COMPANY’S Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with THE COMPANY’S Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement, including the App Store’s terms and policies when using THE COMPANY’S Application.


13 Use of Your Image/Video.

By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

 

14 Links To Other Sites.

The Site may contain hypertext links to other websites. Such links are provided for your convenience and are not intended as an endorsement by THE COMPANY of the organizations, person, or entities owning or operating those sites. THE COMPANY is not responsible for the content those sites contain, nor their privacy practices. Such other websites are maintained by third parties over whom we exercise no control. We expressly disclaim any responsibility for the content, products, or services of such other websites.

 

15 Special Assistance/Accommodation.

THE COMPANY regrets that it cannot provide special individual assistance to Guests with special needs for ordinary daily activities, such as walking, parking, dining, and other special needs. In no instance will THE COMPANY or Hosts be called upon by Guests to physically lift or assist Guests onto or off of Vehicles.

 

16 Your Personally Written Review.

Any content contained within a written review which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law, will be immediately deleted in THE COMPANY's sole discretion.

 

17 Legal Information Disclaimer.

17.1 THE MATERIAL ON THIS SITE IS PROVIDED ON "AS IS, "WHERE IS," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THESE SITES WILL BE UNINTERRUPTED OR ERROR - FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, NON - INFRINGEMENT, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

17.2 SOME OF THE CONTENTS OR MATERIALS ON THIS SITE MAY BE AFFECTED BY CURRENT LEGISLATIVE, REGULATORY, JUDICIAL, OR OTHER DEVELOPMENTS WHICH ARE NOT REFLECTED HERE. WE ASSUME NO RESPONSIBILITY TO HAVE THIS SITE UPDATED FOR SUCH DEVELOPMENTS.

 

18 Limitation of Liability.

18.1 Under no circumstances, including, but not limited to, negligence, shall THE COMPANY be liable for any special, indirect, incidental, punitive, advantage, savings or revenues of any kind, lost profits, or consequential damages that result from the use of, or the inability to use, this Site or content on this Site, even if THE COMPANY or an authorized representative has been advised of the possibility of such damages. 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 no event shall the total liability of THE COMPANY to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for any Booking through this Site. By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from THE COMPANY with respect to such actions or omissions. The preceding sentence shall not apply to any claim by a Host against THE COMPANY regarding the remittance of payments received from a Guest that is in dispute.

18.2 THE COMPANY, its employees, shareholders, officers, directors, successors, agents and assigns, does not own or operate any property or entity which is to, or does, provide goods, services, or parking spaces for your Booking. All Hosts and entities are independent contractors. As a result, THE COMPANY is not liable for any negligent or willful act or omission of any such person or entity or of any third person. In addition and without limitation, THE COMPANY is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods, services, or parking spaces whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overBooking or downgrading of services, food poisoning, weather, or other failure.


18.3 Further, as consideration for being permitted to use this Site, you release THE COMPANY, from claims, actions, and lawsuits, whether known or unknown, and agree not to sue or make claim against THE COMPANY for, property damage, Vehicle damage, cancellation of any Bookings for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your Booking, and any activity related thereto. You further agree to indemnify and hold THE COMPANY harmless with respect to any claim made against THE COMPANY by anyone else which is (a) related to your participation, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself.


18.4 To the extent permitted by the Host’s state law, THE COMPANY is not responsible if an RV or Guest’s Vehicle causes any damage to the Host’s driveway or other parking space, unless caused by the Guest’s willful misconduct. Moreover, THE COMPANY is not responsible if a Guest’s RV or other Vehicle worsens or exacerbates a crack, or causes a sidewalk or street to crack or any other settling or damage to the driveway and the Host assumes the risk of allowing an RV or other Vehicle to park on their property.

18.5 Hosts assume the risk of having a Guest stay on their Property.

18.6 Guests assume the risk of staying on a Host’s Property.

 

19 Indemnity.

19.1 You agree to defend, indemnify, and hold THE COMPANY and its affiliates, directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable attorneys' fees and litigation expenses, relating to or arising from your use of the Site, including Bookings, or information provided by THE COMPANY, or services obtained from the Site, or any arrangements you make through the Site or based on information obtained from the Site, or any breach by you of this Agreement.


19.2 THE COMPANY makes no representation that the Site, services or information on the Site is appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so, on their own initiative, at their own risk, and are responsible for compliance with applicable laws.


19.3 You understand and hereby agree to submit any and all claims in writing to THE COMPANY within 30 days after the Booking ends, and to file any suit against THE COMPANY no later than one year after completion of the trip, and that the failure to timely do so shall result in the forfeiture of the right to such claim.


19.4 In no event, shall THE COMPANY be liable for other than compensatory damages and you hereby expressly and knowingly waive any right to incidental, consequential, and/or punitive damages.


19.5 Limitation Period. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

20 Dispute Resolution.

ANY DISPUTE, CONTROVERSY OR CLAIM YOU HAVE ARISING OUT OF OR RELATED THESE TERMS UNDER THIS AGREEMENT, A BREACH THEREOF OR YOUR USE OF THE SITE SHALL BE EXCLUSIVELY SUBMITTED AND DECIDED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). ANY LEGAL ACTION OF WHATEVER NATURE BROUGHT BY THE COMPANY AGAINST YOU MAY BE COMMENCED OR PRESECUTED IN THE STATE AND FEDERAL COURTS LOCATED IN MARICOPA COUNTY, ARIZONA, AND YOU HEARBY CONSENT TO SAME, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO VENUE AND JURISDICTION IN SUCH STATE AND FEDERAL COURTS.

 

21 Waiver of Class Action.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, YOU AGREE TO ABSOLUTELY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN OR TO BE INCLUDED IN ANY CLASS ACTION LAWSUITS OR INCLUSION IN ANY MULTI-PARTY ACTIONS OR SUITS AGAINST THE COMPANY, AND OF ITS AFFILIATES, SPONSORS, SUBSIDIARIES, VENDORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS OR ANY OTHER PERSON OR ENTITY ASSOCIATED THEREWITH.

 

22. DokkerRewards Loyalty Program.

22.1 Guests who are 18+ and have a valid email address may sign up for participation in DokkerRewards, a free-of-charge loyalty program that rewards Guests who frequently use the Site to make Bookings for Parking Spots.

22.2 DokkerRewards works as follows:

THE COMPANY will:

Keep track of the number of Bookings a Guest makes.


Calculate the average Parking Spot rental fee paid by the Guest for those Bookings (ie., the dollar value based upon the average of the previous 10 Bookings, excluding Taxes and Services Fees).


Show the Guest what their total balance is (ie., "DokkerRewards Balance") at any given time (however, after a Booking it may take 72 hours for that Booking to appear in DokkerRewards total). 


Apply the dollar value as a reward to be applied against a Guest's future Booking.


If the Guest chooses to redeem their DokkerReward by Booking a Parking Spot that costs more than the value of the DokkerReward reward night then the Guest must pay the difference.


The Guest will not have to use their DokkerReward on the very next Booking. Guests may choose to use DokkerReward on a future Booking. 


The Guest’s rights under the DokkerRewards program may not be assigned or transferred and remain personal to the Guest who signed up for the program benefits.

 

23 Governing Law and Venue.

23.1 You agree that any action or claim at law or in equity arising out of or relating directly or indirectly to the Services and to this Agreement shall be governed by the laws of the State of Arizona, without regard to any conflict of laws provisions. Any such action or lawsuit shall be filed only in the state or federal courts of Maricopa County, Arizona.

23.2 As part of the consideration and for value received pursuant to this Agreement, you and THE COMPANY agree that any legal action or proceeding under or with respect to this Agreement shall be brought in the above-mentioned courts. For the purpose of any such legal action or proceeding, you hereby irrevocably consent in advance and voluntarily submit to the personal jurisdiction of such courts. You hereby agree not to raise and waive any objections to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient forum. You also agree not to bring any legal action or proceeding under or with respect to this Agreement outside the above-named courts.

 

24 Severability and Waiver.

If any provisions of this Agreement or any parts thereof are found to be unlawful, invalid, or unenforceable, then that provision or part thereof shall be deemed severable and struck from these terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. If THE COMPANY does not act in relation to a breach by you or others of this Agreement, this does not waive THE COMPANY's rights to act with respect to subsequent or similar breaches. No employee, agent or representative of THE COMPANY has the authority to modify, waive, or alter any provision of these terms and conditions.

 

25 Representations and Warranties.

By accessing, browsing, and using this Site, you represent and warrant that: a) you are of sufficient legal age to use this Site and create legally binding obligations for any liability you may incur as a result of using this Site; b) you are responsible (financially and otherwise) for all uses of this Site by you and those using this Site under your ID and password; c) the information you supply via the Site shall be accurate and not misleading, deceptive or likely to mislead or deceive; d) you agree to prevent access or usage of this Site by minors under your name or account; e) you will use the services in this Site only to make legitimate reservations or purchases for you or another person for whom you are legally authorized to act; and f) you acknowledge that abuse of this Site may result in you being denied access to it and possible legal action.

 

26 Account Termination/Suspension.

26.1 THE COMPANY reserves the right to terminate a user or external link for any violation of our terms and conditions or other policies. If you fail to abide by this Agreement, THE COMPANY may suspend or eliminate your account, and remove any information you have placed on this Site. THE COMPANY may also take any legal action we deem appropriate. If your violation of this Agreement causes harm to others, you agree to indemnify and hold THE COMPANY harmless against any liability for that harm.

26.2 Termination (by THE COMPANY). THE COMPANY has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in THE COMPANY’s sole discretion and that THE COMPANY shall not be liable to you or any third party for any termination of your Account.

26.3 Termination (of your Account by You). If you want to terminate your Account, you may do so by going to “Accounts” and choosing “Delete Account” or by notifying THE COMPANY. Your notice email should be sent to: contact@boondokker.com

26.4 Effect of Termination. Termination of your Account includes removal of access to such Account and barring of further use of the Account.  Termination includes deletion of your password and all related information, files and content associated with your Account (or any part thereof), including content, such as photos.  Upon termination, your right to use your Account will automatically terminate immediately. You understand that termination of your Account may involve deletion of your Account associated therewith from our live databases. THE COMPANY will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Account.  

 

27 Force Majeure.

THE COMPANY shall not lose any rights hereunder or be liable to you for damages or losses, on account of failure of performance by THE COMPANY if the failure is the result of an Act of God (e.g., fire, flood, inclement weather, epidemic, or earthquake) war or act of terrorism, including chemical or biological warfare; labor dispute, lockout, strike, embargo; governmental acts, orders, or restrictions; failure of suppliers or third persons; or any other reason where failure to perform is beyond the reasonable control, and is not caused by the negligence, intentional conduct or misconduct of THE COMPANY. You must provide written notice of the force majeure event to THE COMPANY within three (3) business days of such event.

 

28 Miscellaneous.

28.1 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without THE COMPANY’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

28.2 Headings. Headings are for reference purposes only. You agree that no agency, employment, partnership, or joint venture relationship exists between yourself and THE COMPANY as a result of your usage of the Site. Your use of the Site is the only indication necessary to evidence your full agreement with this Agreement.

28.3 Contact. If you have any questions, comments, or concerns regarding this Site, or this Agreement, please e-mail THE COMPANY at: contact@boondokker.com or customerservice@boondokker.com.

I HAVE READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. PLEASE MANIFEST YOUR ASSENT TO THIS AGREEMENT BY CLICKING ON “ACCEPT TERMS,” OR CLICK ON “REJECT TERMS” AND EXIT THE SITE.