Agreement Between User and Campspot
By using or accessing RezPlot Systems, LLC d/b/a Campspot (“Campspot”) at the domain https://www.campspot.com, any mobile application for such website or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference (These Terms and Conditions with the Privacy Policy shall be referred to as the “Terms”). Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court.
The Site is operated by RezPlot Systems, LLC d/b/a Campspot. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Campspot”, “we”, “us” or “our”. The term "you" refers to the user visiting the Site, requesting a reservation on this Site, or our customer service agents. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Campspot.
Limited License to Use the Site
Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
Modification of These Terms of Use
Campspot reserves the right to change the terms, conditions, and notices under which the Campspot Site is offered, including but not limited to the charges associated with the use of the Campspot Site.
Your E-mail Address and Data; Our Privacy Policy; Data Transmittal
When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of users. You may receive one or more promotional e-mails or physical mailings from the Site. You are welcome to opt not to receive such promotional materials from the Site at any time. Please review our Privacy Policy for more information regarding our data collection practices and safeguards, and how to opt not to receive such emails.
Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy. We adhere to strong principles of privacy. You agree that we may access and use your user contributed content in accordance with these Terms, we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy.
Links to Third Party Sites
The Campspot web site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Campspot and Campspot is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Campspot is not responsible for webcasting or any other form of transmission received from any Linked Site. Campspot is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Campspot of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Campspot website, you warrant to Campspot that you will not use the Campspot website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Campspot website in any manner which could damage, disable, overburden, or impair the Campspot website or interfere with any other party’s use and enjoyment of the Campspot website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Campspot website.
Use of Communication Services
The Campspot web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Campspot has no obligation to monitor the Communication Services. However, Campspot reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Campspot reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Campspot reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Campspot’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Campspot does not control or endorse the content, messages or information found in any Communication Service and, therefore, Campspot specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Campspot spokespersons, and their views do not necessarily reflect those of Campspot.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Campspot or Posted at any Campspot Website
Campspot does not claim ownership of the materials you provide to Campspot (including feedback and suggestions) or post, upload, input or submit to any Campspot website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Campspot, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Campspot is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Campspot’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
The information, software, products, and services included in or available through the Campspot web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Campspot and/or its suppliers may make improvements and/or changes in the Campspot website at any time. Advice received via the Campspot website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Campspot and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Campspot website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Campspot and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Campspot and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Campspot website, with the delay or inability to use the Campspot website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Campspot website, or otherwise arising out of the use of the Campspot website, whether based on contract, tort, negligence, strict liability or otherwise, even if Campspot or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Campspot website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Campspot website.
Termination/Access Restriction
Campspot reserves the right, in its sole discretion, to terminate your access to the Campspot website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Kent County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the Campspot website. Use of the Campspot website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Campspot as a result of this agreement or use of the Campspot website. Campspot’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Campspot’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Campspot web site or information provided to or gathered by Campspot with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Campspot with respect to the Campspot website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Campspot with respect to the Campspot website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Disputes/Arbitration
Campspot’s right to amend these Terms, in whole or in part, at any time as set forth above does not apply to this "Disputes/Arbitration'' section. The version of this "Disputes/Arbitration'' section in effect on the date you last accepted the Terms prevails.
Campspot is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Site, any dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy by contacting Campspot Customer Support via email at help@campspot.com. If we are not able to resolve your dispute within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all disputes or claims will be resolved by binding arbitration, rather than in court, except you may assert disputes or claims on an individual basis in small claims court if they qualify. This includes any disputes or claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any disputes or claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys' fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the "AAA Rules"). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
Prior to beginning an arbitration proceeding, you must send a letter describing your disputes or claims to Campspot’s Legal Department at 38 Commerce Ave SW, Suite 200, Grand Rapids, MI 49503. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a dispute or claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
Additional Terms and Conditions Applicable to Online Booking
In addition to being bound by the other terms set forth herein, users and members who use online reservations or any other tool provided by us or a third-party provider on the Site enabling users to book and/or pay for the rental of properties online on one or more of the Sites (collectively, the "Reservation Services") are also bound by the following terms, which are in addition to any other terms applicable in connection with using the Site. In addition, if such Reservation Services include payment or other services provided by a third-party provider, such services are subject to the additional terms and conditions and privacy policies of such third-party providers.
We provide Reservation Services to manage inquiries, quotes, and rental agreements and to allow for payments to be made relating to the rental. Please review the following terms and the terms and conditions of any third-party provider carefully. If you do not agree to these or such third-party provider's terms, you have no right to obtain information from or otherwise continue using our Reservation Services. Failure to use our Reservation Services in accordance with the following terms of use may subject you to severe civil and criminal penalties and other liability.
Copyright and Trademark Notices
All contents of the Campspot website are: © 2021 Campspot. All Rights Reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent at Legal Department at 38 Commerce Ave SW, Suite 200, Grand Rapids, MI 49503.
