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Terms of Use

Last Updated Date: June 09, 2026

These Terms of Use, together with the Privacy Policy and the Company’s Code of Conduct and Escapees Code of Conduct (together, and each as may be updated from time to time, the “Agreement”), govern the use of the Services (as defined below) and your access and use of this website and any other websites and mobile applications of Company, including the harvesthosts.com website, the Harvest Hosts mobile application, the searchforsites mobile application and website (www.searchforsites.co.uk), the Boondockers Welcome website (www.boondockerswelcome.com) and the Escapees website (www.escapees.com), each of which may also be accessed through the Harvest Hosts mobile application), and the Brit Stops mobile application and website (www.britstops.com) (collectively, the “Website”). The Website and the information on it are controlled by Harvest Hosts Opco LLC, (“Company”, “us”, “our”, and “we”).

By accessing or using the Website in any way, including using the Services, completing the registration process, or downloading Company’s mobile application(s), you represent that (1) you have read, understand, and agree to be bound by the Agreement, (2) you are of legal age to form a binding contract with Company, and (3) you have the authority to enter into the Agreement personally or on behalf of the entity you have named as the user, and to bind that entity to the Agreement. The term “you” refers to the individual or legal entity, as applicable, when you use or visit the Website as a guest, or register through the Website (including any Application) to obtain Services, which may include, for example, seeking Services with our Host Locations or registering as an owner or operator of a Host Location. If you do not agree to be bound by the Agreement, you may not access or use this Website or the Services.

Defined Terms

      “Content” means designs, graphics, text, photographs, illustrations, icons, audio, video, multimedia, and other material;

      “Host Locations” means parking and camping spaces for recreational vehicles provided by individuals and/or entities through the Services; and

      “Services” means the services available or enabled via any mobile applications of Company, its parents, affiliates or agents and/or the Website, including those that allow guest users to browse, view, choose, and reserve Host Locations.

IF YOU SUBSCRIBE TO THE SERVICES, EXCEPT AS OTHERWISE SET FORTH HEREIN, THE TERM OF SUCH SERVICES WILL BE FOR 365 DAYS (THE “INITIAL TERM”), AND WILL AUTOMATICALLY RENEW FOR SUCCESSIVE 365-DAY PERIODS (EACH, A “RENEWAL TERM” AND, TOGETHER WITH THE INITIAL TERM, THE “TERM”), UNLESS YOU PROVIDE NOTICE OF NON-RENEWAL IN ACCORDANCE WITH SECTION 5(v) (SUBSCRIPTION TERM AND RENEWAL) BELOW.

ARBITRATION NOTICE: PLEASE BE AWARE THAT SECTION 12 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS JURISDICTION-SPECIFIC PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. WITH LIMITED EXCEPTIONS, DISPUTES BETWEEN US WILL BE SUBMITTED TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. USE OF THE SERVICES

(i) Registering Your Account. In order to access certain Services you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website or the Application (“Account”). In creating and registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, including up-to-date profile photos of you or your vehicle, as may be required by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you (i) are at least eighteen (18) years old; (ii) are of legal age to form a binding contract; (iii) are not a person barred from using the Services under the laws of the United States, Canada, UK, your place of residence, or any other jurisdiction, (iv) have not previously been suspended or removed from the Service; and (v) if you are registering a Host Location as part of your Account, you have all necessary right, title, interest, permissions and authority to register your Host Location and make it available as part of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that any information you provided is or has become untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).

(ii) Registered Users. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account, prohibit use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify Company immediately of any unauthorized use of your password or any other breach of security. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per Website or Application at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. If you lose or plan to give up the telephone number(s) or email accounts that are linked to your Account and form a part of your Registration Data, you will unsubscribe from future communications to such telephone numbers and email accounts, and agree to update all Registration Data in a timely manner. You represent and warrant that you own and control all Registration Data, including the email account(s) and the telephone number(s).

(iii) License to the Services. The Services are protected by copyright laws and other laws throughout the world. Subject to the Agreement, Company grants you a limited license to reproduce portions of the Services for the sole purpose of using the Services for your personal purposes (if you are an individual) or internal business purposes solely as a manager of Host Locations (if you are a business). Unless otherwise specified by Company in a separate license, your right to use any and all Services is subject to the Agreement.

(iv) Applications License. Subject to your compliance with the Agreement, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Applications on mobile devices or computers that you own or control and to run such copy of any Application solely for your own personal or internal business purposes. For additional terms applicable to any Application accessed through or downloaded from the Apple App Store or Google Play store, please refer to Section 11 (Third-Party Services) of the Agreement.

(v) Updates to the Services. You understand that the Services are evolving. As a result, Company may require you to accept updates to the Services that you have installed on your computer or mobile device. You acknowledge and agree that Company may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

(vi) Company Communications. When you provide your telephone number and email accounts through the Website (including any Application), we will ask you to expressly agree and affirmatively indicate your consent to receive communications from us regarding the Services, including via e-mail, text message, calls, and push notifications. You can manage your preferences about how you receive communications from us using the notification preferences in your Account settings. For contractual purposes, you acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. You acknowledge and agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. Additionally, we may use third party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.

2. CONTENT OWNERSHIP AND RESPONSIBILITY

(i) Your Content. You, not Company, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise provide in connection with the Services (“Your Content”). Company does not claim ownership of Your Content. When you post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You may not post or submit, as part of Your Content, a photograph of another person without that person’s permission.

(ii) License to Your Content. Subject to any applicable Account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for commercial purposes, including on our social media accounts to advertise and promote the Services, and for the purposes of operating and providing the Services to you and to our other Registered Users. You hereby expressly permit Company to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

(iii) Company Obligations. You acknowledge that Company has no obligation to pre-screen Content (including, but not limited to, Your Content), although Company reserves the right, in its sole discretion, to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company; and (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Unless expressly agreed to by Company in writing elsewhere, Company has no obligation to store any of Your Content that you provide through the Services. Company has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

(iv) Feedback. Subject to Sub-Section (ii) of this Section (License to Your Content), you agree that submission of any reviews, ideas, suggestions, documents, and/or proposals to Company through its ranking or review, suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. The Company may moderate or filter publicly-posted Feedback, but only in instances where applicable laws and regulations permit such moderations and filtering, including publicly-posted Feedback that: is clearly false or misleading; is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate regarding race, gender, sexuality, ethnicity, or other intrinsic characteristics; is unrelated or irrelevant to the Company, and its products or Services; or contains confidential or private information.

(v) Ownership of the Services. You agree that Company and its suppliers own all rights, title and interest in the Services (including but not limited to, Company’s name and all related graphics, logos, service marks and trade names, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Company software). Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

(vi) Reporting Copyright Infringement. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent: Content Team, team@harvesthosts.com. It is Company’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner’s legal agent.

(vii) Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.

(viii) Beta Features. From time to time, Company may offer new “beta” features or tools with which Registered Users may experiment. You acknowledge and agree that such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Company’s sole discretion. The provisions of Section 9 apply with full force to such features or tools.

3. USER CONDUCT As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to take any action or provide any Content on or through the Services that:

       (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;

       (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

       (iii) constitutes unauthorized or unsolicited advertising, phishing, junk or bulk e-mail;

       (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Company’s prior written consent;

       (v) impersonates any person or entity, including any employee or representative of Company;

       (vi) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement;

      (vii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services; or

       (viii) sell or otherwise transfer the access granted herein.

If Company becomes aware of any possible violations by you of the Agreement, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.

Company is entitled, except to the extent prohibited by applicable law, without limitation, disclose any information or materials on or in the Services, including Your Content, in Company’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company, its Registered Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.

4. INTERACTIONS WITH OTHER USERS.

(i) User Responsibility. You acknowledge and agree that, to the maximum extent permitted by law, you assume any and all risk arising out of your access to and use of the Website (including Applications), Services, Host Locations or any interaction you have with other Registered Users, whether in person or online. You agree that Company reserves the right, but has no obligation, to intercede in any disputes between you and other Registered Users.

(ii) Content Provided by Other Users. The Services may contain Content provided by other Registered Users. You acknowledge that Company is not responsible for and does not control such Content. Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, such Content. You interact with Content provided by other Registered Users at your own risk. Submissions or opinions expressed on the Services are that of the individual expressing such submission or opinion and may not reflect our opinions.

(iii) Changes to Content. We may, in our sole discretion, change, delete, update, modify or otherwise alter our Content at any time without providing you notice, and we may change the pricing, and availability of Host Locations in our sole discretion at any time without providing you notice, except as may be required by applicable law.

5. FEES AND PAYMENT TERMS.

(i) Sale of Services. The purpose of the Agreement is for you to secure access to the Services. All fees set forth within and paid by you under the Agreement shall be considered solely in furtherance of this purpose. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us, such issuer a “Payment Provider”) as a condition to signing up for the Services. Your agreement with any such Payment Provider governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing Company with your credit card number and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you, with any such changes taking effect upon renewal of the subscription. Except as expressly set forth in this Agreement or otherwise stated on the Services, all fees for the Services are non-refundable.

(ii) Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your annual package (each, a “Service Commencement Date”). No contract will exist between you and Company for the Services until Company accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

  • Sales Tax. The Service Subscription Fees do not include any Sales Tax that may be due in connection with the Services provided under this Agreement (other than the Service Subscription Fees for Brit Stops and searchforsites, which are inclusive of VAT). If Company determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Company shall collect such Sales Tax in addition to the payments required under this Section of this Agreement.

  • Sales Tax Indemnity. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense Company may incur in connection with such Sales Taxes. Upon Company’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

  • Withholding Taxes. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

(iii) Refunds. Our refund policies are set out in detail on the Refunds pages of each of the Websites, each of which is incorporated into this Agreement. With respect to all Websites:

  • Refunds are limited to one per subscription, regardless of whether the refund occurs during the initial purchase period, or upon renewal.

  • If your account is refunded, all membership discounts or benefits that may have accrued will be forfeited, and any future reactivations will be subject to then-current membership rates.

  • Where eligible for refunds, all purchases, including a purchase of a subscription, in connection with and through one of our Applications from an App Store will be exclusively processed by the applicable App Store.

  • All refunds are issued in the currency in which the original transaction was completed.

  • The purchases of any gift cards from the Company are non-refundable.

(iv) Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Company to have the charges reversed.

(v) Subscription Term, Renewal and Cancellation.

  • Your subscription for any of the Websites, except for searchforsites.co.uk, will continue for the Term unless it is terminated earlier, by you or by us, in accordance with the Agreement. Your subscription will automatically renew after the Initial Term and continue for subsequent Renewal Terms upon payment of the Service Subscription Fee.

  • You may cancel your subscription for a Term any time prior to its expiry by logging into the “Manage Your Membership” page of your “Membership Details” page or by contacting us at team@harvesthosts.com.

  • If you are a searchforsites.co.uk user, you must manually renew your subscription by logging into the Website, visiting the “Your Account” page, and completing the “Renew Subscription” process

6. USER REPRESENTATIONS AND WARRANTIES

Registered Host. If you are a host of a Host Location (“Registered Host”), you represent and warrant that:

       (i) When using the Services, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;

       (ii) You are customarily engaged in an independently established business of the same nature as the Services performed or goods offered, or Services or goods advertised through the Services, and maintain an independent clientele;

       (iii) You have the unrestricted right to work in the jurisdiction in which you provide any goods or services;

       (iv) If any applicable law or regulation requires you to have a business license or business tax registration, you have the required business license or business tax registration;

       (v) You are responsible for identifying and obtaining any required licenses, permits, approvals, clearances, or registrations before offering goods or Services on the Services;

       (vi) You have any and all insurance required to operate your business and provide your goods and services, including liability insurance;

       (vii) You will use your real name or business name;

       (viii) You will honor your commitments to other users on the Services; and

       (ix) You will only offer and provide goods or services for which you have the necessary skills and expertise, provide goods and services safely and in accordance with all applicable laws.

Registered User. If you are visiting a Host Location, you represent and warrant that:

       (i) You will comply with all applicable laws, rules, regulations, and local ordinances, as well as our Code of Conduct, in connection with your use of the Services and Host Location.

       (ii) You are responsible for leaving the Host Location in the condition it was in when you arrived. You are responsible for (i) your own acts and omissions in connection with any Host Location and (ii) the acts and omissions of any third parties to whom you provide access to the Host Location, including without limitation any guests or invitees.

       (iii) A reservation is a temporary grant of access to a Host Location for a limited term, and shall not be considered to convey a tenancy, leasehold, ownership interest, or any right of access in and to the Host Location beyond the term for which you initially made such reservation. You will not exceed the term of any reservation without the Registered Host’s prior written consent and you will not assert or attempt to assert any ownership interest in any Host Location.

       (iv) You will obtain and maintain at your expense (a) all necessary permits and licenses to operate any vehicle used or operated in connection with your use of the Services (“Vehicle”), (b) liability insurance on any and all Vehicles, and that you will carry proof of such insurance in each applicable Vehicle, and (c) to the extent you are not the registered owner of the Vehicle, registered owner’s permission to use, possess, and operate the Vehicle. Additionally, you agree and acknowledge that neither the Company nor the Registered Users operating any Host Location have any responsibility for damage to or theft of your Vehicle. Upon Company’s request, you agree to cooperate with the Company to verify such insurance coverage.

       (v) There may be additional terms and conditions that are set by the applicable Registered Host that owns or manages the Host Location.

7. INDEMNIFICATION You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company Party” and collectively, the “Company Parties”) harmless from and against any and all claims, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content and Registration Data; (b) your use of, or inability to use, any Service; (c) your use or visitation of any Host Location; (d) your access to, use of, or alleged use of the Services; (e) your violation of the Agreement, including any representations or warranties set forth herein; (f) your violation of any rights of another party, including any Registered Users; (g) your negligent, willful, reckless, or intentionally wrongful acts or omissions; (h) any injury, death or property damage caused by you; (i) your violation of any applicable laws, rules or regulations, including any failure to comply with any traffic and parking rules and regulations; or (j) any disputes or issues between you and any third party. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

8. DISCLAIMER OF WARRANTIES AND CONDITIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE AND THE SERVICES. COMPANY PARTIES EXPRESSLY DISCLAIM ALL RESPONSIBILITIES FOR ANY PERSONAL INJURY TO YOU OR YOUR GUESTS, DAMAGE TO OR THEFT OF YOUR VEHICLE, OR DAMAGE TO OR THEFT OF YOUR PROPERTY OR DAMAGE TO ANY HOST LOCATION(S), IN EACH INSTANCE ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. LIMITATION OF LIABILITY.

(i) Disclaimer of Certain Damages. You understand and agree that, to the fullest extent provided by law, in no event shall Company Parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not company has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of the Services, on any theory of liability, resulting from: (a) the use or inability to use the Services; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained; or messages received for transactions entered into through the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) goods, services, statements or conduct of any third party on the Services; or (e) any other matter related to the Services, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing limitation of liability shall not apply to liability that cannot be excluded or limited under applicable law.

(ii) Company Role. The Registered Hosts and Host Locations operate independently of Company Parties, and are required to comply with federal, state and local laws, rules, regulations and standards pertaining to, if applicable, the preparation, sale and marketing of food and alcoholic beverages. Company is not liable or responsible for a Registered Host’s food or alcoholic beverages safety and do not verify their compliance with any applicable laws. Company Parties do not guarantee the quality of any goods sold or provided by Registered Hosts and do not independently verify, and are not liable for, any statements or representations made by a Registered Host.

(iii) Cap on Liability. To the fullest extent provided by law, Company Parties will not be liable to you for more than the greater of (a) the total amount paid to Company by you during the payment period prior to the act, omission or occurrence giving rise to such liability; or (b) $100. The foregoing cap on liability shall not apply to the liability of Company for the harms described under Section 9(i)(a)-(c).

(iv) User Content. Except for Company’s obligations to protect your personal data as set forth in the Company’s privacy policy, Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, Your Content), user communications or personalization settings.

(v) No Liability for Conduct of Third Parties. You acknowledge and agree that (i) the Website (including any Application) serves solely as a platform to connect Registered Users and (ii) Company is not liable, and you agree not to seek to hold Company liable for, your communications and interactions with, and the conduct of any third parties, including but not limited to other Registered Users (including Registered Hosts), any other guests present at Host Locations, or any third parties whose products, services or presence may be found at Host Locations or who may interact with any of the Services. For the avoidance of doubt, in no event shall Company Parties be liable for any injury, loss, damage or harm (including to persons, property, or vehicles) arising out of or related to your access to, presence at, or use of any Host Location or interactions with other Registered Users.

(vi) California Residents. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Company or for Company’s fraud, deception, false or misleading advertising, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services or Content provided hereunder. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

(vii) Exclusion of Damages. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

10. TERM AND TERMINATION. The Agreement commences on the date when you access any Service (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.

(i) Termination of Services by Company. If timely payment of the Service Subscription Fee or any other fees for any Service cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Company is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Account.

(ii) Termination of Services by You. If you want to terminate the Services provided by Company, you may do so at any time by contacting us at team@harvesthosts.com or by closing your Account for all of the Services that you use.

(iii) No Subsequent Registration. If your registration(s) with, or ability to access, the Services, is discontinued by Company due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services through use of a different name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated.

11. MODIFICATION. Please note that the Agreement is subject to change by Company in its sole discretion at any time. If we make any material changes, and you have registered with us to create an Account, we may send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately upon posting on the Website or Application. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

12. DISPUTE RESOLUTION. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES USERS TO RESOLVE ALL DISPUTES WITH COMPANY THROUGH BINDING INDIVIDUAL ARBITRATION TO THE FULLEST EXTENT POSSIBLE UNDER APPLIABLE LAW. IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND COMPANY MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

Residents of the United States of America

       (i) Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified below in this Section 12(ii) (Applicability of Arbitration Agreement) for each jurisdiction. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. Any arbitration or litigation under the Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

       (ii) Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Company may seek a temporary restraining order or preliminary injunction in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

       (iii) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. At least thirty (30) days prior to beginning an arbitration proceeding, you must send a letter describing your dispute or claim or request for relief to team@harvesthosts.com. Upon receipt of such letter, the parties will have thirty (30) days to engage in good faith negotiations to reach an informal resolution of the claim. If the dispute is not resolved within this thirty (30) day period, you may commence an arbitration proceeding by sending a letter requesting arbitration to our registered agent. Completion of such pre-dispute process is a prerequisite to any arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The costs and expenses of the arbitration shall be shared equally between the parties.

       (iv) Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

       (v) Waiver of Class or Other Non-Individualized Relief. You acknowledge and agree that, to the extent permitted under applicable law, each party may bring claims against the other only in an individual capacity, and not participate as a plaintiff, claimant or class member. For the avoidance of doubt, you may not bring a claim on behalf of a class or on behalf of any other person unless doing so as a parent, guardian or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own claim. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated. Nothing in this Section 12 prevents participation in a mass or class settlement of claims.

       (vi) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: team@harvesthosts.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

       (vii) Mass Action Waiver. You acknowledge and agree that the efficiencies of arbitration may be diminished when numerous similar claims are filed simultaneously. Accordingly, if 100 or more arbitration letters are received within a 180-day period involving the same or similarly situated parties, arise from the same or substantially similar facts or legal issues, and are brought by the same or coordinated counsel (a “Mass Action”), you and we agree that the additional procedures set forth below will apply. The parties agree that throughout the Mass Action, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Action. The parties acknowledge and agree that by electing to participate in a Mass Action, the adjudication of their dispute might be delayed. Disputes shall be subject to JAMS’s most current version of the Mass Arbitration Procedures and Guidelines, available at http://www.jamsadr.com/mass-arbitration-procedures/.

  • Stage One: Counsel for the claimants and counsel for Company shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Company shall pay the mediator’s fee.

  • Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Company shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Company shall pay the mediator’s fee.

  • Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Company shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your claim is not resolved as part of the staged process identified above, either

  • Option One: You and Company may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out by providing notice to team@harvesthosts.com. Such an opt-out notice must be sent by you personally, and not by your agent, attorney or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. Company may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.

  • Option Two: If neither you nor Company elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation and engage with each other and with JAMS to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

Notwithstanding anything in this Arbitration Agreement to the contrary, in the event of a Mass Action, a court of competent jurisdiction, and not the arbitrator, shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.

       (viii) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

       (ix) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: 1300 N Frontage Rd., #1594, Vail, Colorado 81657. By rejecting a future change, you are agreeing that you will arbitrate any dispute, claim, or request for relief relating in any way to your access or use of the Services or to any aspect of your relationship with Company, in accordance with the language of this Arbitration Agreement, as modified by any changes that you did not reject.

Residents of Canada

       (i) Applicability of Arbitration Agreement. To the extent permitted by applicable laws, you agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services or to any aspect of your relationship with Company, will be resolved by arbitration, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, to the extent permitted under applicable laws, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

       (ii) Arbitration Rules and Forum. To the extent permitted under applicable laws, any controversy, claim or dispute arising out of, relating to in any way to your access or use of the Services or to any aspect of your relationship with Company, shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules (the “ADR Rules”). In accepting this Arbitration Agreement, you acknowledge receipt of and a reasonable opportunity to review the ADR Rules. Under the ADR Rules, there is a fee associated with filing for arbitration in respect of a Dispute; applicable filing fees will be as set out in the ADR Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither you nor the Company shall commence or participate in a class proceeding or other aggregate action in respect of any dispute or claim, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular dispute or claim. The seat of the arbitration shall be the same as the province in which you accessed or used the Services and the applicable arbitration legislation in the seat shall apply. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the arbitrator, whether characterized as final, interim, interlocutory or partial. The arbitration will be conducted in English, except in Quebec, where the arbitration shall be conducted in either English or French at the election of the parties.

       (iii) Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

       (iv) Notwithstanding anything to the contrary in this section, nothing in this section or the Arbitration Agreement prevents a user from making a report to or filing a claim, application or charge with the applicable governmental or administrative agency or tribunal, including, as applicable, the applicable Ministry of Labour, human rights commission or tribunal, and labour relations board, (cumulatively, “administrative agencies”) if the terms of applicable legislation entitles you to do so and precludes exclusive pre-dispute recourse to arbitration. For the avoidance of any doubt, administrative agencies do not include provincial or federal courts.

Residents of UK

       (i) Applicability of Arbitration Agreement. If your principal place of business (or primary residence, if you are an individual) is located in the United Kingdom, please contact Company first using the contact details set out in the Agreement and the Company will seek to resolve your concern(s). If the Company cannot resolve the complaint, you may (but do not have to) use alternative dispute resolution (“ADR”). Where ADR is available, the Company will tell you which ADR provider(s) (if any) can deal with your complaint and whether the Company will participate in that ADR process. Further, you and Company may agree after a dispute has arisen to refer that dispute to arbitration. Any such agreement must be recorded in writing (including by email). If you do not agree to arbitration, you (and the Company) remain free to bring the dispute before the relevant courts of the United Kingdom, applying the relevant laws of the United Kingdom.

       (ii) Arbitration Rules and Forum. If the parties agree in writing to arbitrate a dispute, the arbitration shall be: (i) finally settled under the Rules of Arbitration of the International Chamber of Commerce, (ii) seated in London and (iii) conducted in English. The tribunal will consist of a sole arbitrator, to be appointed by agreement between you and Company. If an arbitrator cannot be agreed within fourteen (14) days of a written request to arbitrate, either party may apply to the Court of the International Chamber of Commerce to appoint an arbitrator. This clause does not prevent you from bringing a claim in the county court small claims track (where eligible) or from seeking urgent interim relief from the courts where appropriate.

13. THIRD-PARTY SERVICES.

(i) Third-Party Websites, Applications, and Ads. The Services may contain links to third-party websites, applications, and ads or other offers for goods or services from such third-parties (collectively, “Third-Party Services”). The Company is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

(ii) App Stores. You acknowledge and agree that the availability of any Application and the Services is dependent on the third party platform from whom you received the Application license. In order to use an Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the third party platform in connection with the Services, including any Application. You agree to comply with, and your license to use any Application is conditioned upon your compliance with, all terms imposed by the applicable third party platform when using any Service, including the Application. You acknowledge that the third party platform (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

(iii) Third Party Payment Service Providers. The Company uses CHARGEBEE INC., Apple Pay, Braintree, Stripe, Anrok, Maxmind and Paypal, Inc. as third party service providers for payment services (e.g., card acceptance, merchant settlement, and related services) (each a “Third Party Payment Service Provider”). By buying, selling, or otherwise transacting on any Service, you agree to be bound by each Third Party Payment Service Provider’s privacy policy and terms (listed below), if applicable, and any other terms and conditions required by each Third Party Payment Service Provider, and you hereby consent and authorize the Company and each Third Party Payment Service Provider to share any information and payment instructions you provide with one or more Third Party Payment Service Provider(s) to the extent required to complete your transactions. In order to complete payment transactions on the Services, users may be required to set up an account with a Third Party Payment Service Provider, which may require registration with such entity or completion of a vetting process and/or account validation at the request of the Third Party Payment Service Provider.

• CHARGEBEE

• Braintree

• Paypal

• Stripe

• Apple Pay

• Maxmind

• Anrok

14. NON-DISCRIMINATION. At Harvest Hosts Opco LLC, we value the inherent worth and dignity of all people as unique individuals, and we welcome the variety of experiences they bring to our company. As such, we have a strict non-discrimination policy. We believe everyone should be treated equally regardless of race, color, sex, gender identification, sexual orientation, national origin or ancestry, native language, religion, age, disability, marital status, citizenship, political beliefs, genetic information, pregnancy, status as a veteran, or any other characteristic protected by law. Any reported allegations of harassment or discrimination will be investigated promptly. Upon review, we reserve the right to remove any Host Location, Account, Registered User, Registered Host, or employee over conduct that violates the Agreement.

15. GENERAL PROVISIONS.

(i) Loyalty and Rewards Programs. The Company may allow you to register for one or more of its rewards or loyalty programs through the Services. In connection with such programs, you may be provided with additional terms and conditions governing your participation in such programs. By participating in any such program, you agree to be bound by all such additional terms and conditions. In the event of a conflict between this Agreement and any additional terms, this Agreement will control. The Company currently offers the Boondockers Welcome Host Rewards Program. Please refer to the Boondockers Welcome Host Rewards Program Terms & Conditions for more information about the terms, conditions, and policies that apply to your registration for and participation in the Boondockers Welcome Host Rewards Program.

(ii) Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

(iii) Exclusive Venue.

  • Residents of the United States. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York.

  • Residents of Canada. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts of the Province of Ontario.

  • Residents of United Kingdom. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the English courts.

(iv) Governing Law.

  • Residents of the United States. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

  • Residents of Canada. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the Province of Ontario, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ontario law to interpret the Agreement and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.

  • Residents of United Kingdom. The Agreement and any action related thereto will be governed and interpreted by and under the English law, without regard to choice of law principles.

(v) Rest of World Venue and Governing Law. If you reside outside of the United States, Canada or the United Kingdom, the Agreement will be interpreted in accordance with New York law.

(vi) Export Control. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, Services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Company products, Services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

(vii) Notice to California Residents. In accordance with California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services.

(viii) Paragraph Headers. Use of paragraph headers in the Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions.

(ix) Severability. In the event that any part of the Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

(x) Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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