Terms & Conditions.
Agreement Between User and Rivers Crossing RV Resort, LLC
By checking the box to indicate your acceptance of these Terms and Conditions, using, accessing and/or requesting a reservation on the Rivers Crossing RV Resort, LLC website at the domain www.riverscrossingrv.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 Notice, 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.
The Site is operated by Rivers Crossing RV Resort, LLC. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as "Rivers Crossing", "we", "us" or "our". The term "you" refers to the user visiting the Site, requesting a reservation on this Site, and/or seeking assistance from our customer service agents. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Rivers Crossing. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHALL NOT USE THE SITE.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND RIVERS CROSSING WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
General Use
Site Overview. We offer a platform that enables RV resorts, family campgrounds, cabins, and other vendors and partners (the "Campsites") to publish, offer, search and book services and related accommodations. You acknowledge that Rivers Crossing has the right, but does not have any obligation, to monitor the use of the Site and verify information provided by our Campsites. For example, we may review, disable access to, remove, or edit content to: (i) operate, secure and improve the Site (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Campsites' and other users' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing listings that don't meet quality and eligibility criteria.
Eligibility. The Site is not intended for children under the age of thirteen (13) and you must be at least eighteen (18) years of age or older to access and/or use the Site. By accessing and/or using the Site, you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use the Site, or provide any information on the Site or to us. The ‘Children's Online Privacy Protection Act' requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13). Rivers Crossing does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at help@riverscrossingrv.com
Searchable Features. As part of the Site, we provide ways for you to find various Campsite properties. You can search our Site using criteria like the type of property, travel dates, and destination. Search results are based on their relevance to your search and other applicable criteria. However, we do not guarantee that you will be able to match your specific needs with any third party found through the Site, or that such third parties are able or willing to complete your request.
No Guarantees or Endorsements. We make no guarantees, warranties or representations regarding the Campsites listed on our Site. We do not endorse or recommend the services of any particular Campsite. We do not independently verify their representations about their property, nor validate any reviews. It is entirely up to you to evaluate their qualifications, and to enter into an agreement with them, and Rivers Crossing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of our booking service and/or Site.
Booking. When you make a reservation, you agree to pay all the fees and/or stated charges related to your reservation, including without limitation, service fees and/or taxes (note that a booking that a guest makes through Rivers Crossing’S online marketplace may be subject to a separate service fee). When you make a reservation, you are forming an agreement directly with the Campsite. Any specific rules, regulations, and policies ("Rules") identified in the listing or during the checkout form a part of your agreement with the Campsite. You are responsible for confirming that you, and anyone you invite, meet and comply with the Rules. You are responsible for providing your Campsite with any information that may impact your ability to use the Campsite. By agreeing to these Terms, you hereby give Rivers Crossing permission to charge the credit card, bank account, and/or other approved method of payment for fees associated with your use of the booking service and/or Site. All fees due and payable by you under these Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind, unless required by law.
Cancellation; Modification. In general, if you cancel a reservation, the amount refunded to you is determined by the Campsite's cancellation policy that applies to your reservation. Any additional service fee charged to you may be refunded pursuant to the cancellation policy presented in the applicable listing. Both you and each Campsite are responsible for any modifications made to your reservation, and you agree to pay any applicable fees related to such reservation modification.
Payment. Your payment is processed in the United States, when Rivers Crossing processes your payment. Rivers Crossing and/or the Campsite may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded or deducted from final payment due) and (ii) availability of funds on the payment card (to be confirmed by the bank issuing your credit card). You authorize Rivers Crossing and/or the Campsite, as applicable, to keep your information on file through our payment facilitator and to charge your account for outstanding charges. If your information on file with us is closed or the account is changed, or if, for any reason, a charge is rejected by your card and/or bank issuer, you must update your information or supply a new account number, as appropriate. You acknowledge and agree that you will be liable for all fines, chargebacks, refunds and other expenses incurred in the enforcement of any third-party provider agreements and further agree to reimburse Rivers Crossing and/or Campsites, as applicable, for any and all such fines, chargebacks, refunds and other expenses incurred related thereto. Rivers Crossing may partner with other third parties to facilitate transactions for the Site on your behalf. Should we do so, you authorize us to share your identity and account data with those third parties for the purposes of opening and supporting your booking and/or use of the Site, and you are responsible for the accuracy and completeness of that data.
Use of Services and Availability. Use of the Site is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. Rivers Crossing retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Site to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions to the Site and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control, for which Rivers Crossing will bear no responsibility.
Errors, Inaccuracies, Omissions and Performance. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, and/or omissions that may relate to services, estimates, rates, costs, local customs, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omissions; and/or (ii) make changes to content, descriptions, Site and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
User Verification. Rivers Crossing may, in its sole discretion, verify a user's identity prior to allowing such user to access and/or use the Site. Rivers Crossing may, without liability, refuse to process, and/or may cancel any booking, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or these Terms. You understand that the Site acts only as a platform that provides users with the ability to search and book services and related accommodations. Rivers Crossing does not itself verify the information and/or the qualifications of organizations, vendors, and/or other users of the Site, nor does it evaluate or control in any ongoing manner exchanges between users. Any reviews, opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Rivers Crossing and Rivers Crossing does not take on any liability related thereto. Rivers Crossing cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user on and/or in relation to the Site.
Proprietary Rights and Limited License to Use the Site
Ownership. The Site, any content and/or service on the Site and the infrastructure used to provide the Site are proprietary to Rivers Crossing, our affiliates, and/or our licensors. By using the Site and accepting these Terms, Rivers Crossing grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Site for the purpose of browsing the content of the Site, inquiring about and/or purchasing any of the products or services offered on the Site, participating in an interactive area hosted on the Site, or for any other purpose clearly stated on the Site, all in accordance with the Terms and any additional terms and policies set forth by Rivers Crossing. Neither these Terms nor your use of the Site convey and/or grant to you any rights: (i) in or related to the Site except for as expressly set forth herein; and (ii) to use or reference in any manner Rivers Crossing’s names, logos, product and service names, trademarks or services marks or those of Rivers Crossing's licensors.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and/or any other content on the Site, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Rivers Crossing and/or its third-party providers reserve all right, title and interest in and to the Site and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Materials Provided to Rivers Crossing or Posted on the Site. Please carefully choose the information that you post on, through and/or in connection with the Site. You may provide, post and/or upload photographs, images, advice, content, information (including personally identifiable information), video, audio, sounds, descriptions, comments, reviews, responses, posts, messages, receipts, and/or any other material ("User Content") submitted or transmitted through the Site and/or communication facilities that may be offered on, through and/or in connection with the Site from time to time. You assume all risks associated with User Content, including anyone's reliance on its quality, accuracy, and/or reliability. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in these Terms. You hereby grant Rivers Crossing, its affiliated companies, third-party service providers and sublicensees a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use, copy, distribute, transmit, publicly display, reproduce, edit, and/or reformat the User Content in order to provide the Site and related products and/or services. You further hereby irrevocably grant Campsites and other users the right to access and/or use User Content in connection with their use of the Site in accordance with these Terms. You shall not imply that User Content is in any way sponsored and/or endorsed by Rivers Crossing.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests and/or other feedback provided by you or others relating to the Site ("Feedback"), then you will own this material; however, you grant to Rivers Crossing a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback and material. Rivers Crossing has no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Modification of These Terms of Use
Rivers Crossing reserves the right to change the terms, conditions, and notices under which the Rivers Crossing Site is offered, including but not limited to the charges associated with the use of the Rivers Crossing Site. If Rivers Crossing makes changes and/or modifications that affect your access to and/or use of the Site, Rivers Crossing will provide a notice of such changes only by posting the updated Terms on the Site and Rivers Crossing will change the "last updated" date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your use of the Site following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Site after the effective date of the changes. Please revisit these Terms regularly to ensure that you stay informed of any changes.
Your E-mail Address and Data; Communications; Our Privacy Policy; Data Transmittal
Account. You may establish an account through the Site. Your account may require you to provide contact information and other forms of authentication as determined by Rivers Crossing in its sole and absolute discretion. You agree to maintain the confidentiality of your logon, ID, and password information, and you are responsible and liable for all transactions and activities related to your account. When setting up an account, you are required to (i) abide by all applicable laws, rules, and regulations, as well as indicate agreement to these Terms, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Rivers Crossing in its sole and absolute discretion. If you establish an account with Rivers Crossing, you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Site. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by Rivers Crossing in its sole and absolute discretion. You understand and agree that Rivers Crossing shall have no responsibility for any incident arising out of, or related to, your account settings and/or authorized users within your account. Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate any of these limitations and/or these Terms, we may terminate your account immediately.
Privacy; Email Communication. 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.
When accessing and/or using the Site, you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on the Site or by email if you provide your email address to us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SMS, Data Charges and Mobile Phones
SMS Text Service. By checking the box to provide consent to text messages, you authorize Rivers Crossing and its affiliates, vendors and/or partners to send calls or text messages, including messages that may originate from an automatic dialer, to the mobile phone number provided to Rivers Crossing. Through this program you will receive communications on your mobile device. By opting in for text messaging service, you, the user, agree to these Terms as well as our Privacy Policy as it pertains to specific usage of text messaging service. You are not required to consent to receive marketing messages or required to agree to the receipt of such messages as a condition of reserving any property and/or purchasing any goods or services. You may revoke your consent to receive SMS messages at any time by replying "STOP". Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. Rivers Crossing does not charge for any content, however downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All carrier charges are billed by and payable to your mobile service provider. Message and data rates may apply. By subscribing, you consent to receiving both transactional and promotional messages using automated technology. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
Data Charges. Data obtained from you in connection with this SMS service only include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services or programs you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in these Terms. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
Links to Third Party Sites
The Rivers Crossing Site may contain advertisements and/or links to other websites ("Linked Sites"). The Linked Sites are not under the control of Rivers Crossing and Rivers Crossing 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. Rivers Crossing is not responsible for webcasting or any other form of transmission received from any Linked Site. Rivers Crossing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rivers Crossing of the site or any association with its operators. Rivers Crossing is not responsible for the contents, availability, or policies of any website or application accessed via a Linked Site, and has made no attempt to verify any information contained at such Linked Sites. Furthermore, Rivers Crossing is not a party to or responsible for any access, use or transactions you may engage in with third parties at such Linked Sites (including without limitation the purchase of third-party products and/or services), even if you learn of such parties from Rivers Crossing. If you click on Linked Sites, you do so at your own risk and you acknowledge and agree that Rivers Crossing is not liable for any claims and/or damages related thereto. We encourage you to be aware when leaving the Site and to read the terms and conditions and privacy notice of each Linked Site that is visited. Rivers Crossing reserves the right to terminate any Linked Site at any time in its sole and absolute discretion. Rivers Crossing disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites, as well as any products and/or services purchased through such Linked Sites.
No Unlawful or Prohibited Use
As a condition of your use of the Rivers Crossing Site, you warrant to Rivers Crossing that you will not use the Rivers Crossing Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Rivers Crossing Site in any manner which could damage, disable, overburden, or impair the Rivers Crossing Site or interfere with any other party's use and enjoyment of the Rivers Crossing Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Rivers Crossing Site.
User Safety; Use of Communication Services; Prohibited Conduct
User Safety and Communication. We encourage safe communication and interaction through our Site. The Rivers Crossing 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. 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. Rivers Crossing has no obligation to monitor the Communication Services. However, Rivers Crossing reserves the right to review materials posted to a Communication Service and/or to remove any materials in its sole discretion. Further, Rivers Crossing 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 Rivers Crossing's sole discretion. Rivers Crossing may terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Personal Information Shared. You should exercise your best judgment when posting or sharing your personal information on the Internet. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Rivers Crossing does not control or endorse the content, messages or information found in any Communication Service and, therefore, Rivers Crossing 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 Rivers Crossing spokespersons, and their views do not necessarily reflect those of Rivers Crossing.
Prohibited Conduct. You agree you that when you use the Site, including the 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 or post anything that contains software viruses, worms, corrupted files, or any other harmful code, 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.
Create a false identity on the Site, misrepresent your identity, create an account for anyone other than yourself (a real person), or use or attempt to use another's account.
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Site or otherwise copy or data from the Site.
Override any security feature or bypass or circumvent any access controls or use limits of the Site.
Copy, use, disclose or distribute any information obtained from the Site, whether directly or through third parties (such as search engines), without the consent of Rivers Crossing.
Disclose information that you do not have the express consent to disclose such as confidential information of others.
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
Violate the intellectual property or other rights of Rivers Crossing, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; and/or (ii) using the trademarks of Rivers Crossing in any business name, email, coding or URL or script.
Copy any Rivers Crossing API for use elsewhere or reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code from the Site or any related technology that is not open source.
Imply or state that you are affiliated with or endorsed by Rivers Crossing without our express consent.
Rent, lease, loan, trade, sell/re-sell or otherwise use, even if not monetized, data or content from or through the Site or the services provided on the Site, without Rivers Crossings express written consent.
Use bots or other automated methods to access the Site or the services provided on the Site, add or download data or other information or send or redirect messages.
Monitor the Site's availability, performance or functionality for any competitive purpose.
Engage in "framing", "mirroring", or otherwise simulating the appearance or function of the Site or the services provided on the Site.
Overlay or otherwise modify the services provided on the Site or their appearance (such as by inserting elements into the services provided on the Site or removing, covering, or obscuring an advertisement related to the services provided on the Site).
Violate any applicable laws or regulations.
Release; Indemnification
In addition to the recognition that Rivers Crossing is not a party to any contract between users, you hereby release Rivers Crossing, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity that exist as of the time you enter or otherwise agree to these Terms. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the products and/or services provided to user and/or Campsite and requests for refunds based upon disputes.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
This release will not apply to a claim that Rivers Crossing failed to meet our obligations under these Terms.
You agree to indemnify, defend and hold Rivers Crossing and its affiliates, partners, officers, directors, employees, representatives, third-party service providers and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorneys' fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of the Site; (ii) your User Content (including without limitation claims related to intellectual property infringement); (iii) any use of the Site in breach of these Terms; (iv) your violation of any law and/or the rights of a third party; and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.
Liability; Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RIVERS CROSSING SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RIVERS CROSSING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RIVERS CROSSING SITE AT ANY TIME. ADVICE RECEIVED VIA THE RIVERS CROSSING SITE 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.
RIVERS CROSSING 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 RIVERS CROSSING SITE 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. RIVERS CROSSING 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 RIVERS CROSSING 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 RIVERS CROSSING SITE, WITH THE DELAY OR INABILITY TO USE THE RIVERS CROSSING SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RIVERS CROSSING SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RIVERS CROSSING SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RIVERS CROSSING 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 RIVERS CROSSING SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RIVERS CROSSING SITE.
Termination/Access Restriction
Rivers Crossing reserves the right, in its sole discretion, to terminate your access to the Rivers Crossing Site and the related services or any portion thereof at any time, without notice. Upon termination, you agree to immediately discontinue use of the Site and/or related services that were promoted through the Site, and must provide a certified statement indicating compliance with this provision upon Rivers Crossing's request. If you violate, or if we have grounds to suspect that you violated, these Terms and/or other use parameters included on the Site, we reserve the right to suspend and/or terminate your access and/or account, and/or refuse your use of the Site (or any portion thereof) at any time.
Use Outside Defined Area
Please be aware that our Site is subject to United States laws, including laws governing privacy and security of your information. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on the Site. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. These Terms are written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls. In the event you are using the Site outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States; (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of ‘Specially Designated Nationals', you will not engage in commercial activities on the Site (such as advertising or payments); and/or (iii) you will not use the Site if you are prohibited from receiving products, services or software originating from the United States.
Disputes/Arbitration
Rivers Crossing'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.
Disputes. Rivers Crossing 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 Rivers CrossingCustomer Support via email at camp@riverscrossingrv.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.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Rivers Crossing within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted these Terms). You must write us at Rivers Crossing’s Rv Resort INSERT ADDRESS. If you opt out, neither you nor Rivers Crossing can require the other to participate in an arbitration proceeding.
Arbitration Procedures.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Rivers Crossing confidential information and/or intellectual property rights, or except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt-out of arbitration as described above, any and all other disputes or claims will be resolved by binding arbitration, rather than in court. 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.
All information relating to and/or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties.
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.
Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, either you and/or Rivers Crossing may assert claims, if it qualifies, in small claims court in Kent County, Michigan and Rivers Crossing may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Site, breach of Rivers Crossing’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Rivers Crossingagree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Kent County, Michigan. Both you and Rivers Crossing consent to the foregoing venue and jurisdiction.
California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Rivers Crossing must be sent to our agent for notice to help@riverscrossingrv.com. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rivers Crossing as a result of these Terms or use of the Rivers Crossing Site. Rivers Crossing’s performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Rivers Crossing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Rivers Crossing Site or information provided to or gathered by Rivers Crossing with respect to such use. If any part of these Terms 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 these Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Rivers Crossing with respect to the Rivers Crossing Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rivers Crossing with respect to the Rivers Crossing Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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 these Terms and all related documents be drawn up in English.
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 terms set forth in the applicable booking, 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 these 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 these Terms may subject you to severe civil and criminal penalties and other liability.
Copyright and Trademark Notices
All contents of the Rivers Crossing website are: © 2024 Rivers Crossing RV, LLC. 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 Rivers Crossing RV at INSERT ADDRESS.