Terms of Service

USA Campervan, LLC  (hereinafter, “USA Campervan”, “us”, “we”, or “our”) provides a dynamic platform for campervan owners and campervan property managers on behalf of owners (collectively, “Owners”) to list recreational vehicles (“Campers”) on the usacampervan.com website (the “Site”) and for renters (“Renters”) to book through the Site (collectively, the “Services”). The Services and the Site are referred to together as the “Platform”.

The following Terms & Conditions (“Terms”) contain important information about your relationship with USA Campervan and outline your and our respective legal rights, remedies, and obligations. By accessing or using the Site (as defined below), you agree to comply with and be bound by these Terms, any of our third-party provider terms and our Privacy Policy. The Terms constitute a legally binding agreement (“Agreement”) between you and USA Campervan. If you arrived on the Site after having been redirected or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site. Please read these Terms carefully.

You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. USA Campervan does not knowingly collect the information of anyone under the age of 18. 

These Terms contain an arbitration clause and class action waiver. By accepting these Terms, you agree to be bound by the arbitration clause and class action waiver. 

Owners are encouraged to read our Owner Policies for more information relating to listing their Campers through the Platform. Owners alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their Listings and Rental Services (as defined below). This includes responsibility for identifying and obtaining any required licenses, permits, or registrations for any Rental Services they offer. This also includes ensuring that your Camper is up to date with all required vehicle licenses, registration, and maintenance requirements. If you are unclear if your Camper is suitable for rental, visit Tips for Renting for helpful suggestions to prepare for renting your Camper through USA Campervan. 

1. Scope of Services

1.1 The USA Campervan Platform is an online marketplace that enables Owners to publish certain Camper rentals and rental services (“Rental Services”) through the Platform (“Listings”) and to communicate and transact directly with Renters who are seeking to book such Rental Services. Owners and Renters are referred to collectively as “Users” of the Platform. Rental Services includes the offering of Campers for overnight use as well as a variety of other ancillary services, such as rental of recreational equipment or camp-related items. Certain Rental Services may require the Renter to agree to additional 

1.2 Owners may provide User Content (as defined below) to USA Campervan for USA Campervan to assist in the creation of Listings for Rental Services. Owners remain responsible for any User Content they provide and for the accuracy, completeness of all information (including Owner’s User Content) contained in their Listings, whether or not developed with the assistance of USA Campervan. 

1.3 Listings and other User Content may be displayed on third-party websites. Each Listing will be automatically published on Outdoorsy.com concurrently with the publishing of the Listing on the Site. User Content and Listings may also be displayed in third-party applications, within emails, and in online and offline advertisements in order to increase the exposure of the Listings and to generate interest and bookings by Renters.  

1.4 USA Campervan provides general information and customer service assistance to Owners and Renters regarding the use of the Platform. USA Campervan may assist Owners with the management of inquiries on their Listings and with inquiries regarding an Owner’s Rental Services to the extent that USA Campervan has been provided with information sufficient to respond to such inquiries by the associated Owner. If USA Campervan is unable to assist Renters with a Listing or Rental Services question, USA Campervan will direct the Renter to contact the Owner directly. Owners agree to promptly address any Renter inquiries in accordance with the Owner Policies. 

1.5 When Users make or accept a booking, they are entering into a contract directly with each other. USA Campervan is not a party to any contractual relationship between Users. 

1.6 USA Campervan has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Camper on the Site, Listings or Rental Services, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. USA Campervan does not endorse any User, Listing, or Rental Services. 

1.7 If you choose to use the Platform as an Owner, your relationship with USA Campervan is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of USA Campervan for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of USA Campervan. USA Campervan does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Rental Services. You acknowledge and agree that you have complete discretion on whether to list Rental Services or otherwise engage in other business or employment activities.

1.8 The Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. USA Campervan is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by USA Campervan of such Third-Party Services. 

2. Eligibility, Using the Platform, User Verification

2.1 In order to access and use the Platform or register a USA Campervan Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. In order to qualify as a Renter, you must be an individual who has reached 25 years of age before the date of the Rental Services booking. For more information on age requirements for Camper rentals, please see Renter Policies which are deemed incorporated into these Terms.

2.2 USA Campervan may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history. The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions before you can access the relevant areas or features of the Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.3 We do not assume any responsibility for the confirmation of any User’s identity. At the time of rental, Owners are required to verify that Renters are eligible to rent pursuant to the Owner Policies which are deemed incorporated into these Terms. 

3. Account Registration

3.1 You may be required to register an account (“USA Campervan Account“) to access and use certain features of the Platform, such as publishing a Listing. If you are registering a USA Campervan Account for a business, organization or other legal entity (including partnerships by operation of law and spousal property ownership), you represent and warrant that you have the authority to legally act for and bind that entity and co-owners and the authority to grant us all permissions and licenses provided in these Terms.

3.2 You must provide accurate, current, and complete information during the registration process and keep your USA Campervan Account and profile page information up-to-date at all times.

3.3 You are responsible for maintaining the confidentiality and security of your USA Campervan Account credentials and may not disclose your credentials to any third party. You must immediately notify USA Campervan if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your USA Campervan Account. You are liable for any and all activities conducted through your USA Campervan Account.

5. Content

5.1 USA Campervan may enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“User Content“); and (ii) access and view User Content and any content that USA Campervan makes available on or through the Platform, including proprietary USA Campervan content and any content licensed or authorized for use by or through USA Campervan from a third party (“USA Campervan Content” and together with User Content, “Collective Content“).

5.2 The Platform, USA Campervan Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Platform and USA Campervan Content, including all associated intellectual property rights, are the exclusive property of USA Campervan and/or its licensors or authorizing third-parties. All trademarks, service marks, logos, trade names, and any other identifiers of USA Campervan used on or in connection with the Platform and USA Campervan Content are trademarks or registered trademarks of USA Campervan in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, USA Campervan Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by USA Campervan or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Platform, you grant to USA Campervan a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Platform, in any media or platform. USA Campervan does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

5.7 You are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to USA Campervan the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or USA Campervan’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any USA Campervan policy. USA Campervan may, without prior notice, remove or disable access to any User Content that USA Campervan finds to be in violation of applicable law, these Terms or USA Campervan’s then-current policies or standards or otherwise, may be harmful or objectionable to USA Campervan, its Users, or third parties.

5.9 If you believe that any content on the Platform infringes copyrights you own, please notify us at copyright@usacampervan.com. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found at http://www.copyright.gov/legislation/dmca.pdf  we will respond quickly to claims of copyright infringement committed using the Platform which are reported to us. We ask that any report follow the sample notice below:

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
6. Send Notice by email to copyright@usacampervan.com or mail to USA Campervan, 3439 SE Hawthorne Street, Box 201, Portland, Oregon 97214.

6. Booking & Payment Processing; Appointment as Limited Agent; Rental Rates; Service Fees

6.1 USA Campervan has partnered with Outdoorsy to provide certain booking and payment processing services in connection with the Services.  By using the Platform, you expressly agree to Outdoorsy’s terms of service located at www.outdoorsy.co/help/article/terms-of-service/ which terms supplement your obligations under these Terms. Nothing in the Outdoorsy terms of service shall result in a waiver of any of your obligations under these Terms. If there is a direct conflict between these Terms and those of Outdoorsy, these Terms prevail. 

6.2 Each Owner hereby appoints us (which appointment we may delegate, in our sole discretion, to Outdoorsy or to our other payment processors used by us as part of the Services from time to time (together, our “Payment Partners”)) as the Owner’s limited payment agent for the purpose of collecting payments made by Renters purchasing such Rental Services. Each Owner agrees that payment made by a Renter to an Owner through us or our Payment Partners shall be considered the same as a payment made directly to the Owner and the Owner will make the Rental Services available to Renter in the agreed-upon manner as if the Owner had received payment directly from the Renter. Each Owner agrees that we may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing: (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the payment specified in the applicable cancellation policy, if applicable. In accepting appointment as the limited payment agent of the Owner, we and our Payment Partners assume no liability for any acts or omissions of the Owner. The owner agrees that USA Campervan, as a limited payment agent, shall control the dispersal of all funds in accordance with these Terms and the cancellation policy chosen by the Owner and that USA Campervan shall have final and sole decision making authority in all payment disputes. 

6.3 Rental Rates for Rental Services are set by Owners. See Owner Policies for information on setting rental rates. Outdoorsy may charge and retain a service fee to Renters for a Listing booked directly on the Outdoorsy website. Outdoorsy will remit all additional Renter payments for a confirmed booking to USA Campervan according to Outdoorsy’s Terms following the completion of the Rental Services. USA Campervan will withhold its commission as agreed with Owner and remit the remainder to the Owner according to our Owner Policies.

7. Terms specific for Owners

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Platform you must (i) provide complete and accurate information about your Rental Service (such as listing description, location of Camper, and calendar availability), (ii) disclose any deficiencies, restrictions (such as special rental rules) and requirements that apply (such as any minimum age requirements) and (iii) provide any other pertinent information requested by USA Campervan. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times. USA Campervan may assist in developing Listings but the Owner is solely responsible for all content and information in their Listing.

7.1.2 You are solely responsible for setting a price for your Listing (including charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Renter requests a booking of your Listing, you may not request that the Renter pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.5 Pictures, animations, or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Rental Services. 

7.1.9 Unless otherwise requested, USA Campervan will include a requirement for a security deposit of $1,000 in your Listing (“Security Deposit“).

7.1.10 In some cases, you will be required to confirm a booking by a Renter before it can be processed for payment. Where this is the case, you must confirm within 24 hours of the time that the booking was made. In the event you fail to confirm such booking, the booking will be lost and you agree to hold USA Campervan and its Payment Provider harmless from any liability relating to your failure to confirm the booking.

7.2 Representations & Warranties

7.2.1 You represent and warrant that any Listing you post and the booking of, or a Renter’s use of, any Rental Services you offer will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licenses, and registrations). 

8. Terms specific for Renters

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by USA Campervan and/or the Owner, you can book a Listing available on the Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Renter Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your USA Campervan Account.

8.1.2 Upon receipt of a booking confirmation from USA Campervan or its Payment Provider, a legally binding agreement is formed between you and the applicable Owner, subject to any additional terms and conditions of the Owner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. We or our Payment Provider will collect 100% of the booking fees and charges at the time of the booking request. 

8.2 Booking Returns

You agree to return the Camper no later than the return time that the Owner specifies in the Listing or such other time as mutually agreed upon between you and the Owner. If you keep the Camper beyond the agreed-upon return time without the Owner’s consent, you no longer have a right to use the Camper and the Owner is entitled to repossess control of the Camper in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Owner, for each twenty-four (24) hour period (or any portion thereof) that you are delinquent in returning the Camper, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Owner, plus all applicable Renter Fees, Taxes, and any legal expenses incurred by the Owner to recover possession of the Camper (collectively, “Late Return Fees“). Late Return Fees for late returns that do not impact upcoming bookings may be limited to the additional costs incurred by the Owner as a result of such late returns. If you are delinquent in returning your Camper, you authorize USA Campervan to charge you to collect Late Return Fees. The Security Deposit may be applied to any applicable Late Return Fees.

9. Booking Modifications, Cancellations, and Refunds, Resolution Center

9.1 Owners and Renters are responsible for any modifications to a booking that they make via the Platform or direct USA Campervan customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Owner Fees or Renter Fees and/or Taxes associated with such Booking Modifications.

9.2 Renters can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and USA Campervan or its Payment Provider will refund the amount of the Total Fees due to the Renter in accordance with such cancellation policy. 

9.3 If an Owner cancels a confirmed booking, the Renter will receive a full refund of the total fees for such bookings. In some instances, USA Campervan may allow the Renter to apply the refund to a new booking, in which case USA Campervan will credit the amount against the Renter’s subsequent booking at the Renter’s direction. 

9.4 In certain circumstances, USA Campervan may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons where USA Campervan believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm, injury, illness or danger to USA Campervan, other Users, third parties or property, (ii) to comply with legal or regulatory mandates or guidance or (iii) for any of the reasons set out in these Terms.

9.5 If a Renter or USA Campervan cancels a confirmed booking, and the Renter receives a refund in accordance with the applicable cancellation policy set by the Owner and mentioned in the Listing after the Owner has already been paid, USA Campervan Payments will be entitled to recover the amount of any such refund from the Owner, including by subtracting such refund amount out from any future payouts due to the Owner.

10. Damage & Disputes between Users

10.1 As a Renter, you are responsible for leaving the Camper and other equipment provided as part of the Rental Services  (including any personal or other property located in the Camper) in the condition it was in when you took possession. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Camper.

10.2 If an Owner claims and provides evidence that you as a Renter have damaged a Camper or any personal or other property in the Camper (“Damage Claim“), the Owner can seek payment from you. If an Owner escalates a Damage Claim to USA Campervan, you will be given an opportunity to respond. If you agree to pay the Owner, or USA Campervan determines in its sole discretion that you are responsible for the Damage Claim, USA Campervan will collect any such sums from you and/or against the Security Deposit required to cover the Damage Claim and you will promptly pay any additional amounts necessary to cover the Damage Claim. USA Campervan reserves the right to collect payment from you and pursue any remedies available to USA Campervan in this regard in situations in which you are responsible for a Damage Claim.

10.3 Users agree to cooperate with and assist USA Campervan in good faith and to provide USA Campervan with such information and take such actions as may be reasonably requested by USA Campervan, in connection with any Damage Claims or other complaints or claims made by Users.

10.4 If you are a Renter, you understand and agree that USA Campervan may make a claim under any applicable insurance policy you purchased or hold related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Camper) of the Owner. You agree to cooperate with and assist USA Campervan in good faith, and to provide USA Campervan with such information as may be reasonably requested by USA Campervan, to make a claim under such policies.

11. Taxes

11.1 Owners are responsible for determining their obligations with respect to sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes (“Taxes”). Except as otherwise provided in this section, each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in their Listing(s). We do not offer tax, accounting, financial, legal, or any other professional advice to any users of the Platform. In compliance with state and local tax laws, USA Campervan may be required to collect and remit applicable Taxes on behalf of Owners. Owner agrees to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payments to you. 

12. Prohibited Activities

12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or policies;
• use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies USA Campervan endorsement or a partnership with USA Campervan;
• copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with USA Campervan’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• use the Platform in connection with the distribution of unsolicited commercial messages (“spam”);
• offer, as a Owner, any Camper for rental that you do not yourself own or have permission to make available through the Platform;
• unless USA Campervan explicitly permits otherwise, book any Listing if you will not actually be using the Rental Services yourself;
• contact another User for any purpose other than asking a question related to a your own booking,  or Listing;
• use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold USA Campervan harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• Use Collective Content, or any individual element within the Platform, USA Campervan’s name, any USA Campervan trademark, logo or other proprietary information, without USA Campervan’s express written consent;
• dilute, tarnish or otherwise harm the USA Campervan brand in any way, including through unauthorized use of Collective Content, registering and/or using USA Campervan or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to USA Campervan domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by USA Campervan or any of USA Campervan’s providers or any other third party to protect the Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform; or
• export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

 

12.2 You acknowledge that USA Campervan has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure 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) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist USA Campervan in good faith, and to provide USA Campervan with such information and take such actions as may be reasonably requested by USA Campervan with respect to any investigation undertaken by USA Campervan or a representative of USA Campervan regarding the use or abuse of the Platform.

13. Term and Termination, Suspension 

13.1 This Agreement until such time when you or USA Campervan terminate the Agreement in accordance with this provision.

13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your USA Campervan Account as a Owner, any confirmed booking(s) will be automatically cancelled and your Renters will receive a full refund. If you cancel your USA Campervan Account as a Renter, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

13.3 Without limiting our rights specified below, USA Campervan may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

13.4 USA Campervan may immediately, without notice, terminate this Agreement and/or stop providing access to the Platform if (i) you have materially breached your obligations under these Terms or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) USA Campervan believes in good faith that such action is reasonably necessary to protect the personal safety or property of USA Campervan, its Users, or third parties (for example in the case of fraudulent behavior of a User).

13.5 If we take any of the measures described above (i) we may refund your Renters in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

13.6 When this Agreement has been terminated, you are not entitled to a restoration of your USA Campervan Account or any of your User Content. If your access to or use of the Platform has been limited or your USA Campervan Account has been suspended or this Agreement has been terminated by us, you may not register a new USA Campervan Account or access and use the Platform through an USA Campervan Account of another User.

13.7 Sections 5 and 14 to 21 of these Terms shall survive any termination or expiration of this Agreement.

14. Disclaimers

If you choose to use the Platform or Collective Content, you do so voluntarily and at your sole risk. The Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the USA Campervan Services, laws, rules, or regulations that may be applicable to your Listings and/or Rental Services you are receiving and that you are not relying upon any statement of law or fact made by USA Campervan relating to a Listing.

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

You agree that some Experiences, Events, other Rental Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Rental Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Rental Services. You assume full responsibility for the choices you make before, during and after your participation in a Rental Service. If you are bringing a minor as an additional Renter, you are solely responsible for the supervision of that minor throughout the duration of your Rental Service and to the maximum extent permitted by law, you agree to release and hold harmless USA Campervan from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Rental Service or in any way related to your Rental Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

15. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and Collective Content, your publishing or booking of any Listing via the Platform, your stay in any Camper or use of any other Rental Service, or any other interaction you have with other Users whether in person or online remains with you. Neither USA Campervan nor any other party involved in creating, producing, or delivering the Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Rental Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not USA Campervan has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will USA Campervan’s aggregate liability arising out of or in connection with these Terms and your use of the Platform including, but not limited to, from your publishing or booking of any Listings via the Platform, or from the use of or inability to use the Platform or Collective Content and in connection with any Rental Service or interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Platform as a Renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Owner, the amounts paid by USA Campervan to you in the twelve (12) month period prior to the event giving rise to the liability, or two hundred U.S. dollars (US$200), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between USA Campervan and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect USA Campervan’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

16. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at USA Campervan’s option), indemnify, and hold USA Campervan and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies, (ii) your improper use of the Platform or any USA Campervan Services, (iii) your interaction with any User, use of a Camper or other Rental Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.

17. Dispute Resolution and Arbitration Agreement

17.1 Overview of Dispute Resolution Process. These Terms provide for a two-part process for dispute resolution: (1) an informal negotiation directly with USA Campervan’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:

• Claims can be filed with AAA online (www.adr.org);
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
• Parties retain the right to seek relief in small claims court for certain claims, at their option;
• The initial filing fee for the consumer is capped at $200;
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

17.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and USA Campervan each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact USA Campervan’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

17.3 Agreement to Arbitrate. You and USA Campervan mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Platform, the Rental Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and USA Campervan agree that the arbitrator will decide that issue.

17.4 Exceptions to Arbitration Agreement. You and USA Campervan each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

17.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

17.6 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

17.7 Jury Trial Waiver. You and USA Campervan acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

17.8 No Class Actions or Representative Proceedings. You and USA Campervan acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and USA Campervan both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 17.8 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and USA Campervan agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

17.9 Severability. Except as provided in Section 17.8, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

17.10 Changes. Notwithstanding the provisions of Section 19 (“Modification of these Terms”), if USA Campervan changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of USA Campervan’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and USA Campervan (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and USA Campervan.

17.11 Survival. Except as provided in Section 19.11 and subject to Section 13.7, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Platform or terminate your USA Campervan Account.

18. Ownership of Feedback

You may submit feedback, comments and suggestions for improvements (“Feedback”) by emailing us, through the “Contact” section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

19. Modification of Terms

USA Campervan reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement in writing with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.

20. Applicable Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Oregon and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Multnomah County, Oregon, USA, unless mutually agreed by the parties. You consent to venue and personal jurisdiction in Portland, Oregon, USA.

21. General Provisions

21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards provided by USA Campervan, these Terms constitute the entire Agreement between USA Campervan and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between USA Campervan and you in relation to the access to and use of the Platform.

21.2 No joint venture, partnership, employment, or agency relationship exists between you and USA Campervan as a result of this Agreement or your use of the Platform.

21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21.5 Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. USA Campervan may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 15 days prior notice. 

21.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by USA Campervan via email or Platform notification.