Welcome to GreatOutdoorVacations.com
We are Great Outdoor Vacations, LLC ("GOV"). We are a user-friendly online travel site geared toward the camping and outdoor vacation community operating from the domain and sub-domains of GreatOutdoorVacations.com (the "Site"). Before using one of our services, you must read and agree to all of the terms and conditions in, and where noted linked to, this User Agreement. When accepted by you, this User Agreement will be the operative legal Agreement between us and it will govern our dealings.
After you accept this User Agreement and complete the Account Setup Information, you will be assigned a User ID and a password, an Account Page will be opened for you, and you may begin creating your Account Page. In most cases, we will be able to begin hosting your Account Page immediately following account set up and download of your information and content, but we cannot guarantee that hosting will begin at that time. We can only promise that we will have your Account Page and content thereof on the Site available for use and viewing within a reasonable time. For campsite owners and other outdoor vacation rental companies, two account options are available: 1) Access to the Site only or 2) Access to the Site and GOV Reservation System.
Option #1 - Access to the Site Only
The Site is a place to allow users to search, view, and compare campgrounds and campsites, and link to your specific website to make a reservation for the user's trip. The Site allows you to post information, photographs, videos, comments, and other information about your campsite, campground, or other outdoor recreational rental business, which information in every form or media, whether now or later known, shall be hereinafter referred to as the "Content", to your Account Page which we make available for viewing on the Site. With access to the Site, a pin representing your campsite, campground, or other outdoor recreational rental business will be placed on the map visible through the Site. If desired, the Site also allows you to link to your website for purposes of generating reservations and other contact with users. For access to the Site only, you will be charged, and agree to pay, $25 per month, which payment shall be due ninety (90) days after entering into this Agreement monthly thereafter until this Agreement is terminated. Monthly fees will not be prorated or refunded and will be considered earned by GOV in full upon payment each month. Before access to the Site will begin, you are required to complete the Credit Card Authorization Form.
Option #2 - Access to the Site and the GOV Reservation System
Access to the Site and GOV Reservation System allows you access to the Site as described in Option #1 above, as well as access to the GOV Reservation System wherein users can make reservations for your facility directly through the Site. You are responsible for providing updated and correct reservation costs, taxes, and other fees to be charged to the user on your behalf, as well as current open reservation dates, which information we will make available for use and viewing within a reasonable time. We assume no responsibility for the information you provide or any delay in implementing any updated information. Based on the information you provide, we will accept reservations for your facility and collect all reservation costs, taxes, and other fees as you direct. All reservation costs, taxes, and other fees collected will be remitted to you within a reasonable time (typically within two business days, although additional time may be needed for new accounts or unusual circumstances) less a deduction for any fees owed to GOV.
There is no monthly fee for this option. If access to the GOV Reservation System is elected, a nonrefundable fee of 3.15% of the total reservation (excluding taxes) will be charged, and deducted from your payment, for each transaction or reservation made using the GOV Reservation System. Additional fees may be charged directly to the user.
All reservations are agreements between you and the individual customer and you acknowledge that we have no control over any reservation after it is made. All obligations in upholding and delivering the space or item reserved are your obligation to the individual customer. We assume no responsibility or liability for any reservation once such reservation is conveyed to you and will not issue any refunds without your prior approval. After a reservation is made, GOV will direct any refund requests or inquiries about such reservation to you. If you approve a refund request, GOV will perform an ACH withdrawal from your account of the funds to be refunded to the customer and will then issue the approved refund directly to the customer.
Payment processing services for GOV and greatoutdoorvacations.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively referred to as the “Stripe Services Agreement”). By agreeing to these terms or continuing through the payment process to its conclusion, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of greatoutdoorvacations.com enabling payment processing services through Stripe, you agree to provide greatoutdoorvacations.com accurate and complete information about you and your business, and you authorize greatoutdoorvacations.com to share it and transaction information related to your use of the payment processing services provided by Stripe.
You Are Responsible for the Content of Your Account Page
Your Representations and Warranties
When you upload, post, transmit or otherwise give us Content, whether posted publicly or privately transmitted, you represent and warrant to us that (1) you are solely responsible for the truth, quality, and accuracy of Content; (2) you have the legal right and authority, either as the author or owner of the Content, or by agreement with the owner, to show the Content (particularly photographs or other artistic Content) and provide information about it to the public, via the Site; (3) you have the legal right and authority, either as the owner of the rights licensed below or by agreement with the owner, to grant us the license to use Content pursuant to the Content License below; (4) Content is original and does not infringe or otherwise violate any copyright, trademark, publicity, privacy or other proprietary or contract right, (5) that Content includes all necessary disclosures and notices, as required by applicable law, regulation, practice, or custom in your locality or the any other applicable locality; (6) Content is not obscene, lewd, fraudulent, defamatory, or otherwise violative of any law or regulation; and (7) you are age 18 or older, have the authority to enter into this Agreement, and are not temporarily or permanently suspended from use of the Site.
We Rely On Your Representations
We do not have an opportunity to review Content before our computer programs upload the Content to the Site. We have no control over Content and we make no representations about and do not guarantee the truth, quality, or accuracy of any Content or the availability or quality of any campground, campsite, cabin, or other product or service offered by any Member, campground or campsite operator, advertiser, or retail partner on the Site. We are relying on you to submit Content which meets the terms of this Agreement.
You grant us non-exclusive, royalty free, irrevocable rights in perpetuity throughout the universe to copy, distribute, transmit, display, publicly perform, reproduce, edit, translate, reformat, and otherwise use the Content you provide and otherwise, in whole or in part, in any form or media, whether now or later known; to exercise copyright, publicity, and database rights in the Content, in any form or media, whether now or later known; to host and display Content on the Site; to use the Content, in whole or in part, in any form or media, whether now or later known, in connection with our marketing, promotion, and advertising of our products and services.
In agreeing to this Agreement and granting the license above, you understand and acknowledge that GOV may engage in the business of selling advertising space on the Site to third party advertisers and you understand and agree that we have the right to place such advertisements and other commercial material anywhere on the Site, in our sole discretion, including but not limited to immediately prior to, immediately following, or contiguous to your Content or Account Page.
User ID, Password, and Security
You are totally responsible for maintaining the confidentiality of your User ID and password. Further, you are responsible for any and all activities that occur through use of your User ID and password. You agree to immediately notify us of any unauthorized use of your User ID password or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your User ID or password, whether with or without your knowledge, however, you could be liable to us or another party due to someone else using your User ID or password. You may not use anyone else's User ID or password.
If you chose to provide us with Content, you consent to the transfer and storage of that Content and the related information and data to our servers in the United States. In addition, you consent to our collection and storage of your email address, correspondence through the Site, correspondence sent to us, computer sign-on data, view statistics, traffic to and from the Site, advertising statistics and data, any information about you that you provide to us or authorize us to obtain from any third party, including but not limited to financial information, such as credit card and bank account numbers. We will not sell or rent your personal information to third parties for marketing purposes without your express consent. We may use your personal information to verify any Content you provide, consider ways to improve our services and the Site, prevent potentially illegal acts and acts which are prohibited by this Agreement, investigate and resolve disputes, problems, and claims that Content is false or misleading, violates the rights of others, infringes any intellectual property right or is otherwise unlawful, and enforce this Agreement. We may disclose your personal information if required to do so by law, to enforce this Agreement and our policies, to investigate and resolve disputes, problems, and claims that Content is false or misleading, violates the rights of others, infringes any intellectual property right or is otherwise unlawful, and with individuals or entities who agree to be bound by this PRIVACY provision and whom we are considering for merger or acquisition of or by us. If you do not want us to use your personal information as provided in this PRIVACY section, please do not use our services.
Maintaining Accurate Personal Information
You can review and edit most of your personal information on the Site by using your User ID and password. You agree that your personal information will at all times be accurate and up to date and to promptly revise your personal information as necessary.
We Try but Cannot Promise Privacy of Information
We will use encryption and other security programs and systems to protect your personal information from unauthorized access and disclosure. But we cannot use every possible measure to maintain security and we cannot guarantee that third parties will not unlawfully hack or otherwise gain access to your personal information, and you will not hold us responsible, and you waive and relinquish any right of action against us with respect thereto, if we are unable to maintain the security of your personal information.
If You Disclose Your Information
Obviously, we have no obligation to prevent the disclosure of information which you provide to us as Content for public display on the Site. You understand that any public Content will be available to the public via the Site.
No Unlawful or Prohibited Use
As a condition of your access to and use of our services and Site, you agree that you will not use our services or the Site for any purpose that is unlawful or prohibited by this Agreement. YOU MAY NOT USE our services or the Site in any manner that could, in our sole discretion exceed our internal bandwidth limits, or otherwise damage, disable, overburden or impair our software, systems' network or databases in any way, or interfere with anyone else's use and enjoyment of our services or the Site. YOU MAY NOT attempt to gain unauthorized access to the Site by any means other than use of your User ID and password, and YOU MAY NOT attempt to gain access to other accounts, computer systems or databases by any means. YOU MAY NOT obtain or attempt to obtain readable access of our proprietary software, network configuration, or data. YOU MAY NOT obtain or attempt to obtain any materials, media, or information through any means not intentionally made available through the Site. YOU MAY NOT alter, remove, or cover proprietary notices in or on the Site, including but not limited to notices with respect to copyright, patent, and trademark rights. YOU MAY NOT modify, copy, distribute, translate, adapt, modify, transmit, display, perform, reproduce, publish, license, transfer, or sell any Content, in whole or in part, or any information derived through your use of our services and the Site. YOU MAY NOT reverse engineer, decompile, disassemble, or create derivative works based on all or any part of our services, the Site or our underlying software, systems, network, and databases. YOU MAY NOT post, upload, or otherwise provide any Content or information that violates the rights of any third party, or any false, misleading, inaccurate, defamatory, invasive, obscene, lewd, lascivious, excessively violent, harassing, infringing, or otherwise objectionable Content or other information, including but not limited to personal information. YOU MAY NOT distribute or post spam, chain letters, or pyramid schemes, or viruses or other technology that may harm us or any Member or Visitor.
You agree to hold us harmless and indemnify us from all loss and liability (including attorney fees, costs and other expenses incurred in connection with a loss or liability or the assertion of same), arising out of or in any way related to your violation of any provision of this Agreement or the use or inability to use our services, the Site, or our software, systems, network or databases, our provision of or failure to provide any services, whether asserted by you, any Visitor, or other third party.
Other Remedies for Violations
If you violate any provision of this Agreement, including but not limited to by uploading any Content which in our opinion violates this Agreement or creates possible legal liabilities or other problems of any kind, we may, in addition to and not in lieu of other remedies, in our discretion, take technical and legal action in good faith to restrict access to or availability of all or any of your Content, in whole or in part, or limit, suspend, or terminate access to the Site, our services, your Account Page, or remove all or any part of the hosted Content in all or any part of your Account Page.
Limitation of Liability
The Site, including your Account Page, is for viewing purposes only. It is provided "as is" and "as available" without warranty of any kind. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU AGREE THAT WE WILL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR FOR ANY CLAIM OR DEMAND OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHETHER ASSERTED BY OR AGAINST YOU, ANY VISITOR, OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE OUR SERVICES, YOUR ACCOUNT PAGE AND CONTENT OR THE SITE OR OUR SOFTWARE, SYSTEMS, NETWORK OR DATABASES, OR OUR PROVISION OF OR FAILURE TO PROVIDE ANY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some states do not allow limitations on implied warranties, so some of the foregoing limitations may not be applicable to you. We are also excused from any delay in performance or non-performance of services or the accessibility or operability of the Site or our software, systems, network, or databases where our failure or delay is caused by circumstances beyond our control. Notwithstanding the above noted limitations on our liability, if we are found liable, our liability to you or any third party will be limited to the greater of (a) the total fees you paid us for the service(s) at issue, or (b) $100.
In the event of any dispute between you and any other Member, Visitor, or third party user of our services, your Content, or the Site or our software, systems, network, or databases, you release GOV and our members, managers, officers, directors, employees, contractors, agents, affiliates, successors, and assigns from claims, demands, and damages, including but not limited to consequential or incidental damages, lost profits, business interruption, loss of business information, of any kind, whether known or unknown, arising out of or related to such disputes.
Any legal or other notice will be deemed served on us if sent to GOV by registered mail, return receipt requested, at OUR MAILING ADDRESS or to our registered agent in Indiana. Notice will be deemed given when received by us as documented in the returned receipt. Any legal or other notice will be deemed served on you if sent by email or mail to the email address or mailing address you provided to us in your Account Page Setup as originally submitted or last most recently updated by you. If notice is sent by email, it will be deemed given 24 hours after it was sent; if notice is by mail, it will be deemed given three (3) days after it is placed in the mail.
Term and Termination
This Agreement and the period during which your User ID and password will be valid for gaining access to and use of our services and the Site are effective until terminated. This Agreement will automatically terminate upon your violation of any of its provisions. We may terminate this Agreement at any time, without notice, and you may terminate our services and your Account Page by giving us notice in accordance with the NOTICE provision above. If, after the termination of this Agreement, you wish to obtain our services or regain access to the Site, please return to the Account Page Setup to reapply for a User ID and password. You understand and agree that we may change conditions of Membership from time to time. Upon termination of this Agreement, we shall have up to ten (10) days to modify or remove your Content and, if applicable, cease all reservation activity.
This Agreement is our entire agreement with respect to your access to and use of our services and the Site. This Agreement supersedes all prior agreements whether oral or written; provided, however, any and all legal disclaimers contained in or posted on the Site shall remain valid and binding. No waiver hereunder will be binding unless in writing and signed. If any provision of this Agreement is found void or unenforceable, all other provisions will remain valid and enforceable. Section titles in this Agreement are purely for convenience and have no legal or contractual effect. This Agreement will be governed by and construed in accordance with federal law where applicable and state laws of Kentucky, and you agree to submit to the jurisdiction of the courts in Louisville, Jefferson County, Kentucky to resolve any and all legal actions arising under or relating to this Agreement.
Questions / Our Mailing Address
Should you have any questions concerning GOV, the Site, or this Agreement, or if you wish to contact us, our Mailing Address is Great Outdoor Vacations, LLC, 3310 E. 10th Street, Jeffersonville, Indiana 47130, or call (502) 694-0871 between the hours of 9:00 a.m. and 5:00 p.m. or email to: firstname.lastname@example.org.
Notice of Rights
Copyright © 2017-2018 Great Outdoor Vacations, LLC.
All rights reserved.