These Terms of Service (these “Terms”) govern your access to and use of the products and services of Monthly RV Parks, LLC, a Nevada limited liability company (the “Monthly RV Parks”), including those offered via websites, events, communications (including, without limitation, emails, phone calls, and texts) and mobile applications (collectively, the “Services”). By accessing or using the Services, you are agreeing to these Terms, which form a legally binding contract with Monthly RV Parks. If you are unwilling or unable to be bound by these Terms, do not access or use the Services.
1. Changes to These Terms
Monthly RV Parks may modify these Terms from time to time in its sole and absolute discretion. The most current version of these Terms will be located on the website of Monthly RV Parks. You understand and agree that your access to or use of the Services is governed by these Terms, effective at the time of your access to or use of the Services.
If Monthly RV Parks makes material changes to these Terms, Monthly RV Parks will notify you by email, posting notice on the Services, by posting notification on the website of Monthly RV Parks, and/or by other method prior to the effective date of the changes. Monthly RV Parks will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you.
You understand and agree that your continued access to or use of the Services after the effective date of changes to these Terms represents your acceptance of such changes.
2. Using The Services
Eligibility. To access or use the Services, you must have the requisite power and authority to enter into these Terms. You may not access or use the Services if you are a competitor of Monthly RV Parks or if Monthly RV Parks has previously banned you from the Services or
closed your Account.
(Permission to Use the Services. Monthly RV Parks grants you permission to use the Services subject to these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise
inappropriate
Services Availability. The Services may be modified, updated, interrupted,
suspended, or discontinued at any time without notice or liability.
Accounts. You must create an Account and provide certain information about
yourself in order to use some of the features that are offered through the Services. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately
of any unauthorized use of your Account. Monthly RV Parks reserves the right to close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. You must provide complete and accurate information about yourself when creating an Account. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Monthly RV Parks’ prior approval.
3. Content
Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Monthly RV Parks, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Monthly RV Parks. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
Monthly RV Parks’ Right to Use Your Content. Monthly RV Parks may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant Monthly RV Parks a worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable right to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Monthly RV Parks and its users any claims and assertions of moral rights or attribution with respect to Your Content. As used herein, the term “use” means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Ownership. As between you and Monthly RV Parks, you own Your Content. Monthly RV Parks owns the Monthly RV Parks Content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, Monthly RV Parks’ selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Services excluding Your Content, User Content, and Third Party Content. Monthly RV Parks also owns the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Monthly RV Parks Content and the Services, which are protected by copyright, trade dress, patent, trademark, and trade secret laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way use or exploit any of the Monthly RV Parks Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, Monthly RV Parks does not grant you any express or implied rights, and all rights in and to the Services and the Monthly RV Parks Content are retained by Monthly RV Parks.
Advertising. Monthly RV Parks and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
Third Party Content. Through your use of the Services, you may encounter links to third-party sites and apps, or be able to interact with third-party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third-party sites and apps. Please be aware that third-party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the Tripadvisor Companies provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third-party sites and apps are at your own risk. You expressly acknowledge and agree that the Tripadvisor Companies are in no way responsible or liable for any such third-party sites or apps.
Commercial Use. Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that Monthly RV Parks may place advertising and promotions on the Services alongside, near, adjacent to, or otherwise in close proximity to your or other parties’ Content.
Other. User Content (including any that may have been created by users employed or contracted by Monthly RV Parks) does not necessarily reflect the opinion of Monthly RV Parks. Except as required by law, Monthly RV Parks has no obligation to retain or provide you with copies of Your Content, and Monthly RV Parks does not guarantee any confidentiality with respect to Your Content. Monthly RV Parks reserves the right to remove, screen, edit, or reinstate User Content at Monthly RV Parks’ sole and absolute discretion, for any reason or no reason, and without notice to you. For example, Monthly RV Parks may remove a review if Monthly RV Parks believes it violates the Monthly RV Parks content guidelines or these Terms.
4. Booking and Transacting
Generally. You can access features through the Services that allow you to book, transact online with, contact, or identify RV and camping businesses. These features may be provided by Monthly RV Parks’ third-party partners, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and you will be charged any applicable fees, including cancellation or no-show fees, in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that Monthly RV Parks may facilitate any such payments and charges on behalf of the transacting local business.
Coupons. Any coupons that Monthly RV Parks might issue for use in connection with the Services are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated, you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
5. Representations and Warranties
Monthly RV Parks is not obligated to enforce these Terms on your behalf against another user. While Monthly RV Parks encourages you to let us know if you believe another user has violated these Terms, Monthly RV Parks reserves the right to investigate and take appropriate action at Monthly RV Parks’ sole discretion.
You represent and warrant that you have read and understood Monthly RV Parks’ Privacy Policy, hereby incorporated by this reference as though set forth fully herein; and
You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Services to: i) violate these Terms, including any applicable content guidelines; ii) post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review; iii) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; iv) threaten, stalk, harm, or harass others, or promote bigotry or discrimination; v) promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except in connection with a Business Account in accordance with the Business Terms; vi) Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Services’ search results; vii) solicit personal information from minors, or submit or transmit pornography; viii) violate any applicable law; ix) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Service Content (other than Your Content), except as expressly authorized by Monthly RV Parks; x) use any robot, spider, Services search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Services or any Service Content, except as expressly permitted by Monthly RV Parks; xi) reverse engineer any portion of the Services, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice via the notices section herein; xii) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services; xiii) record, process, or mine information about users; xiv) access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of business reviews; xv) reformat or frame any portion of the Services; xvi) take any action that imposes, or may impose, in Monthly RV Parks’ sole discretion, an unreasonable or disproportionately large load on Monthly RV Parks’ technology infrastructure or otherwise make excessive traffic demands of the Services; xvii) attempt to gain unauthorized access to the Services, Accounts, computer systems or networks connected to the Services through hacking, password mining or any other means; xviii) use the Services or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature; xix) use any device, software, or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services; xx) use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Service Content; or xxi) remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Services.
6. Additional Policies and Terms.
Copyright and Trademark Disputes. If you (i) believe that any User Content available through the Services infringes any person’s or entity’s copyright, trademark, or other intellectual property right; or (ii) receive a notice, claim, or other communication alleging that your User Content infringes another person’s or entity’s copyright, trademark, or other intellectual property right (each, an “IP Dispute”), you agree to notify Monthly RV Parks in writing within ten (10) business days after you first become aware of the IP Dispute. Your notice must include, to the extent applicable: (i) identification of the User Content at issue with information reasonably sufficient to enable Monthly RV Parks to locate it; (ii) identification of the copyright, trademark, or other right claimed to be infringed; (iii) the basis for your belief or the details of the allegation received (including a copy of any written notice you received, if available); and (iv) your name and contact information. You agree that Monthly RV Parks may forward your notice (including your contact information and any attachments) to the user who submitted the User Content at issue and to other parties as reasonably necessary to address the IP Dispute. Monthly RV Parks may, in its sole discretion, remove or disable access to User Content alleged to be infringing.
Additional Terms. Your use of the Services is subject to any and all additional terms, policies, rules, or guidelines that Monthly RV Parks may post on or link to from these Terms or the Services (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.
7. Suggestions and Improvements.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that: (i) your Feedback does not contain any third party confidential or proprietary information; (ii) Monthly RV Parks is under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Monthly RV Parks may have something similar to the Feedback already under consideration or in development; (iv) Monthly RV Parks has no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback; and (v) you grant Monthly RV Parks an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Monthly RV Parks and its users any claims and assertions of any moral rights contained in such Feedback.
8. Third Party Content and Services.
The Services may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). Monthly RV Parks does not control or endorse any Third Party Content or Third Party Service. You agree that Monthly RV Parks is not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
9. Indemnity.
You agree to indemnify, defend, and hold harmless Monthly RV Parks, its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Monthly RV Parks Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Services, including Your Content, (ii) your violation of these Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Services, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Monthly RV Parks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Monthly RV Parks, and you agree to cooperate with Monthly RV Parks’ defense of these claims. You agree not to settle any such matter without the prior written consent of Monthly RV Parks. Monthly RV Parks will use commercially reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. Disclaimers and Limitations Of Liability.
Read this section carefully, as it limits the liability of Monthly RV Parks to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have that may not be lawfully limited. By accessing or using the Services, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
THE SERVICES AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT MONTHLY RV PARKS MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE MONTHLY RV PARKS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICES’ CONTENT. ACCORDINGLY, MONTHLY RV PARKS IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER AND/OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICES, UNAVAILABILITY OF SERVICES, SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICES.
THE MONTHLY RV PARKS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICES OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICES, OR THE SERVICES’ USERS. ACCORDINGLY, THE MONTHLY RV PARKS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICES. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICES.
THE MONTHLY RV PARKS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE MONTHLY RV PARKS ENTITIES IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
MONTHLY RV PARKS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONTHLY RV PARKS WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (ii) LOSS OF PROFITS OR REVENUE; (iii) BUSINESS INTERRUPTION; (iv) REPUTATIONAL HARM; (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY MONTHLY RV PARKS BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
11. Arbitration.
Claims. Except for Excluded Claims (as defined hereafter), any claim, cause of action, request for relief, or dispute that might arise between you and Monthly RV Parks (a “Claim”) must be resolved by arbitration on an individual basis; you and Monthly RV Parks agree that each may bring or participate in claims against the other only in each of our respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Monthly RV Parks agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of a representative or class proceeding. For purposes of this section, “Excluded Claims” means claims brought by you or Monthly RV Parks that could be brought in small claims court, if permitted by the rules of that court. Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court, and all other Claims remain subject to arbitration.
Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its rules then in effect. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, the parties will equally pay all filing, AAA, and arbitrator’s fees and expenses.
12. Governing Law and Venue.
These Terms are governed by the laws of Nevada, without regard to conflicts of law principles. Subject to the arbitration requirement in Section 11 herein, any dispute arising hereunder shall be brought exclusively in state or federal court in Clark County, Nevada, to whose jurisdiction both Parties hereby submit. THE PARTIES FURTHER 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 THESE TERMS.
13. Termination.
You may terminate these Terms at any time by closing your Account, discontinuing any access to or use of the Services, and providing Monthly RV Parks with a notice of termination.
Monthly RV Parks may close your Account, suspend your ability to use certain portions of the Services, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Services, Your Content, Service Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5–15 of these Terms of Service will continue in full force and effect.
14. General Terms.
Monthly RV Parks reserves the right to modify, update, or discontinue the Services at Monthly RV Parks’ sole and absolute discretion, at any time, for any or no reason, and without notice or liability.
Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
These Terms contain the entire agreement between you and us regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Monthly RV Parks’ part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. These Terms may not be waived, except pursuant to a writing executed by Monthly RV Parks.
If any provision of these Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Monthly RV Parks’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
You agree that no joint venture, partnership, employment, agency, special, or fiduciary relationship exists between you and Monthly RV Parks as a result of these Terms or your use of the Services.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
15. Definitions.
“Account” means any Consumer Account or Business Account.
“Business Account” means the account you create to access or use the Monthly RV Parks website for business owners and any related mobile applications.
“Business Site” means Monthly RV Parks’ business website and mobile applications.
“Business Terms” means Monthly RV Parks’ Additional Terms of Service for Business Accounts then in effect.
“Content” means text, images, photos, audio, video, and all other forms of data or communication.
“Monthly RV Parks Content” means Content that is created by Monthly RV Parks and made available in connection with the Services.
“Consumer Account” means the account you create to access or use the Consumer Site.
“Consumer Site” means Monthly RV Parks’ consumer website and mobile applications.
“Service Content” means all of the Content that is made available in connection with the Services, including Your Content, User Content, Monthly RV Parks Content, and Third Party Content.
A “user” is someone who accesses or in any way uses the Services.
“User Content” means Content that users submit or transmit to, through, or in connection with the Services.
“Third Party Content” means Content that originates from parties other than Monthly RV Parks or its users, which is made available in connection with the Services.
“We,” ”us,” and “our” refer to Monthly RV Parks.
“You” and “your” refer to you, as a user of the Services.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page.
ADDITIlized words used but not defined in these Business Terms have the meanings described in the Monthly RV Parks’ Terms of Service (the “Terms of Service”). By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Monthly RV Parks. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
In the event of any termination of Your Business Account, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
Requirements, Representations and Warranties.
In order to access or use the Services, you agree that: i) you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”); ii) your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business; iii) you will not use the Consumer Site for business activities, including, but not limited to, flagging reviews or messaging people who have reviewed your Business; iv) your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services; v) you grant Monthly RV Parks a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services; vi) you agree that Monthly RV Parks may contact you, including by phone or email, using the contact information you provide Monthly RV Parks, make publicly available, or that Monthly RV Parks has on record for your business, and that Monthly RV Parks’ communications (including phone calls) with you may be monitored and recorded for quality purposes; vii) you understand and agree that Monthly RV Parks may share certain aggregate or otherwise deidentified information about your responses and account visits by third parties with other Businesses, for example, the number of total Businesses responding to the lead and the speed of those responses; and viii) you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, may be prohibited under applicable state law and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if Monthly RV Parks has a good faith belief that such clauses are used by your Business.
You represent and warrant that you will not, and will not authorize or induce any other party, to: i) offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Monthly RV Parks may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews; ii) write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors; iii) pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Monthly RV Parks’ Recommendation Software (defined below) or fraud detection systems; iv) attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions; v) use any automated means or form of scraping or data extraction to access, query or otherwise collect Monthly RV Parks data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Monthly RV Parks; vi) use any Monthly RV Parks trademark or service mark in any manner without Monthly RV Parks’ prior written consent; or vii) misrepresent your identity or affiliation to anyone in connection with Monthly RV Parks.
You understand and acknowledge that Monthly RV Parks allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Monthly RV Parks may employ automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while Monthly RV Parks uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Monthly RV Parks will not influence the Recommendation Software or otherwise allow or enable you, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Monthly RV Parks.
Disclaimers and Limitations of Liability. Please read this section carefully since it limits the liability of the Monthly RV Parks entities to you. For clarity, the below applies in addition to the disclaimers and limitations of liability detailed in Section 10 of these terms. The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Monthly RV Parks, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws may require you to pay Monthly RV Parks’ attorneys’ fees if you attempt to impose such liability on Monthly RV Parks through legal proceedings.
Arbitration. Except for Excluded Business Claims (as defined hereafter), any claim, cause of action, request for relief or dispute that might arise out of or relating to: (a) these Business Terms, or the breach thereof; or (b) your access to or use of your Business Account and the Business Site; (each such controversy or claim, a “Business Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. “Excluded Business Claims” means Claims related to intellectual property (like copyrights and trademarks) or violations of representations and warranties contained in the Terms of Service.
Business Claims shall be heard by a single arbitrator. Arbitrations will be held in Las Vegas, Nevada, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of Nevada. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN CLARK COUNTY, NEVADA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.
YOU AND MONTHLY RV PARKS AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND MONTHLY RV PARKS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE, OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR. ONAL TERMS OF SERVICE FOR BUSINESS ACCOUNTS
The following terms (the “Business Terms”), in addition to the Terms above, govern your access to and use of your Business Account and the Business Site. In the event of any conflict between these Business Terms and these Terms of Service, the Business Terms apply. If you have purchased products or services from Monthly RV Parks on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capita