Claim Your RV Park

PREMIUM ACCOUNT SUBSCRIPTION AGREEMENT

This Premium Account Subscription Agreement (this “Agreement”) governs the purchase and use of the premium account subscription services offered by Monthly RV Parks, LLC, a Nevada limited liability company (“Monthly RV Parks,” “we,” “us,” or “our”) to the customer identified in the applicable Purchase Order (“Customer” or “You”). This Agreement incorporates any applicable Supplemental Terms, as well as the Monthly RV Parks General Terms of Service. In the event of a conflict between this Agreement and the General Terms of Service, this Agreement controls.

By creating, accessing, or using a Premium Account, You agree to be bound by this Agreement and conclude a legally binding contract with Monthly RV Parks. If You do not agree to this Agreement, You are not authorized to create, access, or use a Premium Account.

  1. Description of Services. Monthly RV Parks offers a premium account, which is a subscription-based service designed to help RV park and campground operators enhance their presence on the Monthly RV Parks platform (a “Premium Account”). A Premium Account provides access to certain enhanced listing features intended to assist You in presenting Your property to users of the Monthly RV Parks platform (“Premium Account Services”). Premium Account Services may include, without limitation: uploading and displaying photos of Your property; adding more detailed property information, including amenities, rates, and seasonal availability; and receiving enhanced exposure and prominence on the Monthly RV Parks platform. The specific features available to You at any given time are subject to change at Monthly RV Parks’ sole discretion, with or without notice.
  2. No Guarantees. Monthly RV Parks makes no guarantees as to the effectiveness of the Premium Account Services. Without limiting the foregoing, Monthly RV Parks expressly does not guarantee: i) Any minimum number of leads, inquiries, or contacts from platform users; ii) Any bookings or reservations at Your property; iii) Any level of occupancy; iv) Any specific ranking, placement, or position of Your listing on the Monthly RV Parks platform or in any search results; or v) Any particular level of visibility, traffic, or exposure. Your use of the Premium Account Services is at Your own discretion and risk.
  3. Definitions.
    1. “Business Account”   means a Premium Account created by Customer to access and use the Premium Account Services through the Monthly RV Parks platform.
    2. “Customer Content”   means any and all information, text, photos, images, data, links, or other material provided by Customer to Monthly RV Parks in connection with the Premium Account Services.
    3. “Effective Date”         means the date on which Monthly RV Parks first makes the Premium Account Services available to Customer, as recorded in the Purchase Order.
    4. “Management Portal”           means Monthly RV Parks’ online portal through which Customer manages its Business Account and Premium Account Services.
    5. “Platform”                  means the Monthly RV Parks website, mobile applications, and any related digital properties operated by Monthly RV Parks.
    6. “Premium Account    means the subscription-based premium listing and related services
    7. “Services”                     described in Section 1 of this Agreement.
    8. “Property”                  means the RV park, campground, or other outdoor hospitality business that Customer is authorized to advertise and promote through the Platform.
    9. “Property Listing”      means Customer’s listing page on the Platform.
    10. “Purchase Order”      means the order record generated by Monthly RV Parks and provided to Customer setting forth the terms, pricing, and other particulars of the Premium Account Services purchased by Customer.
    11. “Term”                        means the subscription period beginning on the Effective Date and continuing for the duration specified in the Purchase Order, subject to renewal as provided herein.
  4. Claiming and Verifying a Business Listing. In order to access or manage a Property Listing on the Platform, Customer must claim and verify ownership or authorized management of the Property. Monthly RV Parks reserves the right to require verification before granting access to a Business Account or any associated features. To verify a claimed listing, the claiming party must satisfy one of the following methods, as determined and accepted by Monthly RV Parks in its sole discretion:
    1. Email Verification. Respond to Monthly RV Parks’ verification communication using an email address whose domain matches the domain of the Property’s publicly listed website;
    2. Phone Verification. Answer a verification phone call placed by Monthly RV Parks to the phone number listed on the Property’s publicly available website or listing;
    3. Utility Bill. Upload a current utility bill for the Property, in a form acceptable to Monthly RV Parks, demonstrating service to the Property’s address; or
    4. Formation Documents. Submit official formation documents filed with the state in which the RV park or campground is located (such as articles of organization or incorporation), together with a current, valid government-issued photo identification of the individual submitting the claim, where such identification matches the name of a party identified in the submitted formation documents. Monthly RV Parks reserves the right to request additional documentation or information, to reject any verification submission that Monthly RV Parks determines, in its sole discretion, does not satisfy the applicable requirements, and to revoke a verified status at any time if Monthly RV Parks determines that the verification was obtained through misrepresentation or fraud.
  5. License Grant and Restrictions. Subject to the terms of this Agreement and timely payment of all applicable fees, Monthly RV Parks grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Premium Account Services solely for Customer’s internal business purposes during the Term. Customer may display Business Account information within Customer’s organization for internal purposes only. Customer shall not distribute, resell, sublicense, or otherwise make the Premium Account Services or any related data or analytics available to any third party. Customer acknowledges that it will not acquire any proprietary rights in the Premium Account Services or the Platform, all of which are and shall remain the property of Monthly RV Parks.
  6. Customer Content. In addition to those requirements in the Terms of Service Section 3, Customer represents, warrants, and covenants that: (a) it is fully authorized to publish all Customer Content; (b) all Customer Content complies with applicable law and does not infringe the rights of any third party; (c) it has full authority to enter into and perform this Agreement; and (d) its entry into and performance of this Agreement does not violate any other agreement or obligation by which Customer is bound.
  7. Payment Terms.
    1. Fees. The fees applicable to the Premium Account Services purchased by Customer are set forth in the Purchase Order. Customer acknowledges and agrees that all payments shall be made to Monthly RV Parks in the amounts and by the methods specified in the Purchase Order. Monthly RV Parks reserves the right to modify its pricing at any time, subject to notice to Customer as provided in this Agreement.
    2. Payment Method Required.A valid payment method is required at the time of signup. By providing a payment method, Customer authorizes Monthly RV Parks to charge the applicable fees to that payment method in accordance with the Purchase Order and this Agreement.
    3. Automatic Billing. By providing a payment method as required under Section 7(b), Customer expressly authorizes Monthly RV Parks to automatically charge that payment method on a recurring basis for all amounts due under this Agreement, including any applicable subscription fees, renewal fees, and other charges, without further authorization required for each billing cycle. Customer acknowledges and agrees that such recurring charges will continue until this Agreement is terminated in accordance with its terms.
    4. Promotional Period. Monthly RV Parks may, in its sole and absolute discretion, offer Customer a promotional period during which the Premium Account Services are made available at no charge or at a discounted rate (a “Promotional Period”). If Monthly RV Parks offers such a Promotional Period, such period will be set forth in the Purchase Order or as otherwise communicated by Monthly RV Parks at the time of signup. Monthly RV Parks makes no representation or guarantee that any Promotional Period will be offered, and any promotional pricing or free access period is subject to change or discontinuation by Monthly RV Parks at any time and for any reason. Upon expiration of any Promotional Period offered, Customer agrees to pay all amounts as otherwise set forth in this Section 7.
    5. Automatic Renewal. Unless Customer notifies Monthly RV Parks of cancellation in writing prior to the end of the then-current Term, the Premium Account Services will automatically renew for a subsequent Term at Monthly RV Parks’ then-current standard rates. The applicable fees will be charged to the payment method on file. Although Monthly RV Parks may, in its discretion, send a reminder prior to charging a renewal fee, Monthly RV Parks is not obligated to do so and is not responsible for notifying Customer of automatic renewal.
    6. Taxes. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. Customer is responsible for payment of all such taxes associated with its purchase, excluding taxes based on Monthly RV Parks’ income.
    7. Missed Payments. If Customer misses any payment, or if a credit card on file is expired or otherwise fails to authorize, Monthly RV Parks may suspend or discontinue the Premium Account Services without notice.
  8. Cancellation, Suspension, and Termination.
    1. Cancellation by Customer. Customer may cancel the Premium Account Services at any time by providing Monthly RV Parks with written notice through the Management Portal or by other written means. Upon cancellation, Customer’s access to the Premium Account Services will continue through the end of the then-current paid Term, after which access will terminate. Except as expressly provided in the Purchase Order or as required by applicable law, all fees paid are non-refundable.
    2. Cancellation Within Promotional Period. If Customer cancels during any applicable promotional period prior to any charges being incurred, Customer will not be charged. Cancellation requests must be submitted in writing as provided herein.
    3. Cancellation by Monthly RV Parks. Monthly RV Parks may revoke or discontinue Customer’s access to the Premium Account Services and terminate this Agreement at any time, with or without cause, upon notice to Customer. In the event of termination by Monthly RV Parks without cause, Monthly RV Parks’ sole liability shall be to refund the pro-rata portion of any prepaid fees attributable to the unused portion of the then-current Term. No refund will be provided in cases involving fraudulent activity, misuse of the Platform or Premium Account Services, or material breach of this Agreement.
    4. Effect of Termination. Upon termination of this Agreement for any reason, Customer’s license to access and use the Premium Account Services will immediately terminate, and Customer’s Property Listing may revert to a standard, unenhanced listing at Monthly RV Parks’ discretion. Sections 6, 9, 10, 11, and 12 of this Agreement shall survive termination.
  9. Privacy and Data Compliance. Customer shall maintain a privacy policy governing its use of end-user personal data that complies with all applicable laws and regulations, including, but not limited to, applicable state privacy laws and, to the extent applicable, the CAN-SPAM Act. Customer shall implement and maintain appropriate technical and organizational measures to protect end-user personal data against unauthorized or unlawful processing, and against accidental loss, destruction, or damage. Customer agrees not to transmit unsolicited commercial messages to Monthly RV Parks users and shall comply with all applicable Monthly RV Parks policies regarding communications. This Section shall survive the expiration or termination of this Agreement for a period of five (5) years.
  10. Disclaimers and Limitations of Liability. THE PREMIUM BUSINESS ACCOUNT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MONTHLY RV PARKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MONTHLY RV PARKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    MONTHLY RV PARKS IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM THE INACCURACY OR INCOMPLETENESS OF THE PREMIUM BUSINESS ACCOUNT SERVICES OR ANY PLATFORM DATA, OR FOR ANY COMMERCIAL OR FINANCIAL DECISION MADE IN RELIANCE THEREON. IN NO EVENT SHALL MONTHLY RV PARKS OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT MONTHLY RV PARKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL MONTHLY RV PARKS’ AGGREGATE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO MONTHLY RV PARKS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT.
  11. Indemnification.Customer agrees, in addition to the indemnification responsibilities under Section 9 of the Terms and Conditions, to indemnify, defend, and hold harmless Monthly RV Parks, its subsidiaries, affiliates, officers, directors, employees, agents, and representatives from and against any and all third-party claims, actions, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) Customer’s access to or use of the Premium Account Services; (ii) Customer Content; (iii) Customer’s breach of this Agreement or any representations or warranties made herein; or (iv) Customer’s violation of any applicable law or the rights of any third party.
  12. Governing Law and Dispute Resolution.  This Agreement is governed by the laws of the State of Nevada, without regard to its conflicts of law principles. Any dispute arising out of or relating to this Agreement that is not subject to arbitration under the Monthly RV Parks General Terms of Service shall be brought exclusively in the state or federal courts located within Clark County, Nevada, and the parties hereby submit to the personal and exclusive jurisdiction of such courts.

    THE PARTIES AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR ACTION ARISING FROM OR RELATED TO THIS AGREEMENT.
  13. General Provisions.
    1. Entire Agreement. This Agreement, together with the Purchase Order and the Monthly RV Parks General Terms of Service, constitutes the entire agreement between Customer and Monthly RV Parks with respect to the Premium Account Services and supersedes all prior or contemporaneous agreements, understandings, representations, or warranties, whether written or oral, relating to the subject matter hereof.
    2. Amendments. Monthly RV Parks may amend this Agreement at any time by posting a revised version to the Monthly RV Parks website and/or notifying Customer by email. Unless otherwise stated in the notification or unless Customer cancels its Purchase Order, any amendments will become effective ten (10) days after notification to Customer.
    3. Assignment. Customer may not assign its rights or obligations under this Agreement without Monthly RV Parks’ prior written consent. Monthly RV Parks may assign this Agreement without restriction. Any attempted assignment by Customer in violation of this Section shall be void.
    4. Severability. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
    5. Waiver. No failure or delay by Monthly RV Parks in exercising any right under this Agreement shall constitute a waiver of such right. No waiver shall be effective unless made in writing and signed by an authorized representative of Monthly RV Parks.
    6. No Joint Venture. Nothing in this Agreement is permitted to be construed to create a joint venture, partnership, employment, agency, or fiduciary relationship between Customer and Monthly RV Parks.
    7. Notices. All legal notices to Monthly RV Parks relating to this Agreement must be made in writing to Monthly RV Parks, LLC, Attn: Legal Department, at the address maintained on the Monthly RV Parks website. Notices to Customer shall be sent to the contact information on file with Customer’s account.
    8. Confidentiality. The terms of this Agreement are confidential. Customer is not permitted to disclose the terms of this Agreement to any third party without Monthly RV Parks’ prior written consent, except as required by applicable law.
    9. Headings. Section headings are included for convenience only and shall have no legal or contractual effect.