CAMPERTUNITY TERMS OF USE version 2 (last updated: January 13, 2025)

Welcome to the web site (the “Site”) of Campertunity Online Inc. (“Campertunity”, “we”, “us” or “our”). BEFORE YOU CAN USE THE SITE OR SERVICES (defined below), YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING (the “Terms”).

IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE "Accept" BOX AT THE BOTTOM OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD LEAVE THE SITE. Your access to, and use of the Site and Services is expressly conditioned on your acceptance without modification of the Terms. By using the Site or Services, you signify your acceptance of the Terms. If you do not agree with any part of the following Terms, you must not use the Site or Services.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in our sole discretion. Your use or continued use of the Site or Services following the posting of any changes will constitute your acceptance of such changes. Therefore, you should review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and Services.

INCORPORATED POLICIES OR TERMS
1. Privacy Policy. We believe strongly in protecting user privacy and providing you notice of Campertunity’s collection and use of data, including personal information, collected from the Site. Therefore, we have adopted a Privacy Policy that you should refer to fully understand how we use and collect information.
DESCRIPTION OF THE SITE AND SERVICES
1. The Site and Services. Campertunity provides an online platform that connects landowners (“Landowner”) who have campsites and other land (“Property”) to make available to individuals (“Campers”) to book the Properties for short term stays through the Site (collectively, the “Services”).
2. Users. Users of the Site and Services (“Users”) include both Landowners who list their Property(ies) for booking on the Site (a “Listing”) and Campers who reserve short-term stays at a Property (a “Booking”).
3. Our Role. The Site and Services are intended to be used to facilitate Landowners and Campers connecting and booking Properties directly with each other. Campertunity is not a party to any agreements entered into between Landowners and Campers, nor is Campertunity a real estate broker, agent or insurer. Campertunity has no control over the content contained in any Listings and the condition, legality or suitability of any Properties. Campertunity is not responsible for and disclaims any and all liability related to any and all Listings and Properties. Any Bookings will be made or accepted at the Users’ own risk.
ACCOUNT REGISTRATION AND OBLIGATION
1. To access certain features of the Site and to book a Property or create a Listing, you must register to create an account (“Account”) and become a registered user (“Registered User”). To become a Registered User you must be nineteen years of age or older. A Registered User may only create one Account. You may register an Account directly via the Site or with certain third-party social networking sites (“SNS”) including, but not limited to, Facebook (each a “Third-Party Account”). You may link your Account with Third-Party Accounts by either:
  1. providing your Third-Party Account login information to Campertunity through the Site or Services; or
  2. allowing Campertunity to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. In the event you link your Account as described in the foregoing sentence, you represent that you are entitled to disclose your Third-Party Account login information to Campertunity and/or grant Campertunity access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Campertunity to pay any fees or making Campertunity subject to any usage limitations imposed by such third-party service providers. By granting Campertunity access to any Third-Party Accounts, you understand that Campertunity will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site and Services via your Account and Account profile page. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Campertunity’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time through the SNS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Campertunity makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Campertunity is not responsible for any SNS Content.
2. As a Registered User, you agree that:
  1. you are fully responsible for managing your Account, including but not limited to:
    1. provide true, accurate, current and complete Account information (including any photos associated with your Account);
    2. maintain the confidentiality of your Account information;
    3. maintain and promptly updating your Account information to keep it true, accurate, current and complete; and
    4. immediately notify Campertunity of any unauthorized use of your Account or other breach of security;
  2. you are solely responsible for all activities that occur under your Account; and
  3. you are solely responsible for ensuring the protection of any information which you choose to disclose on the Site and for the consequences of any such disclosure.
OWNERSHIP
1. Campertunity Materials. The Site, Services, and the information and content available on the Site and in the Services (collectively, the “Campertunity Materials”) are protected by copyright, trademark, and other laws of Canada and foreign countries. Except with respect to Your Content (defined below), you agree that Campertunity owns all rights, title and interest in the Campertunity Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Campertunity Materials. All trademarks, service marks, logos, trade names, and any other proprietary designations of Campertunity used on or in connection with the Campertunity Materials are trademarks or registered trademarks of Campertunity in Canada or abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Campertunity Materials are used for identification purposes only and may be the property of their respective owners.
2. Your Content. Your Content includes all content that you upload, post, e-mail, transmit or otherwise make available through the Campertunity Materials. Campertunity does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Campertunity Materials, 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.
3. 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 Campertunity.
GRANT OF LICENSE
1. License to Campertunity Materials. Subject to the Terms, Campertunity grants you a limited, non-exclusive, non-transferable license (the “License”) to access and view any Campertunity Materials solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
2. Updates. You acknowledge and agree that Campertunity may update the Campertunity Materials with or without notifying you. You may need to update third-party software from time to time in order to use the Campertunity Materials.
3. Restrictions. You will not use, copy, adapt, modify, prepare derivate works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Services, except as expressly permitted in the Terms. Any unauthorized use of the Campertunity Materials terminates the licenses granted by Campertunity pursuant to the Terms.
4. License to Your Content. Subject to any applicable account settings that you select, you grant Campertunity a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) 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, including moral rights, that may exist in Your Content. Other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Campertunity Materials. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Campertunity, are responsible for all of Your Content that you make available on or in the Campertunity Materials.
5. USER CONDUCT: Commercial Activities. You will not, under any circumstances (except to the extent expressly authorized by the Terms):
  1. reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Campertunity Materials (including your Account), or access to or use of the Campertunity Materials; or
  2. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
6. USER CONDUCT: Unauthorized Use. You will not under any circumstance:
  1. interfere or attempt to interfere with the proper functioning of the Campertunity Materials or connect to or use the Campertunity Materials in any way not expressly permitted by the Terms;
  2. systematically retrieve data or other content from the Campertunity Materials to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
  3. use, display, mirror or frame the Campertunity Materials, or any individual element within the Campertunity Materials, any Campertunity trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Campertunity’s express written consent;
  4. use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Campertunity Materials or that is in transit from or to the Campertunity Materials, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Campertunity Materials;
  5. intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Campertunity Materials, whether through the use of a network analyzer, packet sniffer or other device;
  6. make any automated use of the Campertunity Materials, or take any action that imposes or may impose (in Campertunity’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Campertunity Materials;
  7. bypass any robot exclusion headers or other measures Campertunity takes to restrict access to the Campertunity Materials, or use any software, technology or device to send content or messages, scrape, spider or crawl the Campertunity Materials, or harvest or manipulate data;
  8. use, facilitate, create, or maintain any unauthorized connection to the Campertunity Materials, including, but not limited to:
    1. any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Campertunity Materials; or
    2. any connection using programs, tools or software not expressly approved by Campertunity;
  9. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Campertunity Materials, or to obtain any information from the Campertunity Materials;
  10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Campertunity Materials;
  11. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. solicit or attempt to solicit personal information from other Users of the Campertunity Materials;
  13. use the Campertunity Materials to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  14. forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Campertunity Materials to send altered, deceptive or false source-identifying information; or
  15. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
7. General. In connection with your use of the Campertunity Materials, you will not:
  1. make available any content that:
    1. is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable;
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    4. is violent or threatening, or promotes violence or actions that are threatening to any other person;
    5. infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; or
    6. promotes illegal or harmful activities;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, Campertunity personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  5. intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
  6. register for more than one Account or register for an Account on behalf of an individual other than yourself;
  7. stalk or otherwise harass any other User of our Campertunity Materials; or
  8. advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
8. Investigation. Campertunity may, but is not obligated to, monitor or review the Campertunity Materials at any time. If Campertunity becomes aware of any possible violations by you of any provision of the Terms, Campertunity reserves the right to investigate such violations, and Campertunity may, in its sole discretion:
  1. disallow, cancel or remove any usernames or permalinks it determines to be objectionable or contrary to these Terms;
  2. without prior notice, change, alter or remove Your Content, in whole or in part; or
  3. with or without prior notice, immediately terminate the License and/or suspend or terminate your Account.
PROPERTY LISTINGS
1. Listing. Subject to 6.6 below, as a Registered User, you may create Listings by answering a variety of questions about the Property you want to list and set related rules (“Property Rules”) and pricing (including any applicable taxes) (“Price”). You acknowledge and agree that you are responsible for any and all Listings that you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
2. Relationship with Landowners. By creating a Listing, you, as a Landowner, understand and agree that your relationship with Campertunity is limited to being a user and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Campertunity for any reason, and you act exclusively on your own behalf and for your own benefit, and Campertunity does not control, and has no right to control your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a Landowner, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Campertunity, including by inappropriately using any Campertunity intellectual property.
3. Booking. You can set the availability for your Property. You can accept or reject prospective bookings through the Services or in other communications with Campertunity. Once a Camper makes a booking request, you may not request the Camper to pay a higher price than in the booking request. Campertunity may make tools available to you to help you to make informed decisions about which Campers you choose to confirm for booking for your Property, but you acknowledge and agree that, as a Landowner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present on the Property at your request or invitation, excluding the Camper and his or her invited guests.
4. Compliance. As a Landowner, you should understand all applicable laws that may apply to any Property included in a Listing you post (including having all required permits, licenses and registrations). You are solely responsible for all such compliance. PLEASE REVIEW RELEVANT LOCAL LAWS BEFORE LISTING A PROPERTY. You represent and warrant that any Listing you post and any subsequent Booking (and use) of a Property:
  1. will not breach any agreements you have entered into with any third parties, such as lease or rental agreements; and
  2. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Property (including having all required permits, licenses and registrations), and not conflict with the rights of third parties.
5. Insurance. Any agreement you enter into with a Camper is between you and the Camper only and Campertunity is not a party thereto. Landowners must, to Campertunity’s reasonable satisfaction, have appropriate insurance in place prior to creating a Listing. Without limiting the foregoing, any Commercial Campground must: (i) carry and maintain, at its own cost and expense, commercial general liability insurance of at least $2 million per occurrence with a $5 million aggregate covering claims for bodily injury, death, personal injury or property damage; (ii) add Campertunity as an additional insured on such policy(ies); and (iii) provide evidence of the same to Campertunity’s reasonable satisfaction. Landowners other than commercial operators must review any insurance policy that you may have for your Property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Campers (and the individuals the Camper invites to the Property, if applicable) while at your Property.
6. Indemnity. You, as a Landlord, expressly agree to release, defend, indemnify, and hold Campertunity and its a affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to any taxes applicable to, or which you are obligated to collect in relation to, any Listings, Bookings your Properties, or the Prices you set for such Listings.
BOOKING AND PAYMENT
1. Booking. Reservation and use of any Property will be subject to:
  1. availability of the Property and confirmation of the Booking by the Landowner;
  2. payment of all fees or charges associated with such Booking, including Price set by the Landowner, any service fees (“Service Fees”) charged by Campertunity (collectively, “Total Fees”) and all applicable taxes; and
  3. compliance with the Terms and all applicable Property Rules. The Landowner, not Campertunity, is solely responsible for honouring any confirmed Bookings and making available any Properties reserved through the Site and Services. If you, as a Camper, choose to enter into a transaction with a Landowner for the Booking of a Property, you agree and understand that you will be required to enter into an agreement with the Landowner and you agree to accept any terms, conditions, rules and restrictions associated with such Property imposed by the Landowner.
2. Service Fees. In consideration for the use of the Site and Services, Campertunity charges Service Fees as follows:
  1. for Landowners, 10% of the Price for each Booking; and
  2. for Campers, 10% of the Price for each Booking.
3. Payment by Camper. You, as Camper, agree to pay Campertunity the Total Fees to reserve and/or for using the Property once the applicable Landowner confirms the Booking. In order to establish a Booking pending the applicable Landowner’s confirmation, you understand and agree that Campertunity, on behalf of the Landowner, reserves the right to:
  1. obtain a pre-authorization via your credit card for the Total Fees; or
  2. charge your credit card a nominal amount to verify your credit card. Once Campertunity receives confirmation from the Landowner for the Booking, Campertunity will collect the Total Fees in accordance with these terms and any pricing terms set forth in the applicable Listing without additional notice or consent.
4. Payment by Landowner. You, as Landowner, agree that the Service Fees will be deducted from any Price collected by Campertunity on your behalf.
5. Payment Processor for Campers. We use Stripe (“Stripe”) as a third-party payment provider to process payments by Campers. We do not retain any payment card information. Payment processing services provided by Stripe are subject to Stripe’s terms of agreement in force from time to time (“Stripe’s Terms”) and Any and any applicable fees charged by Stripe shall be borne by the Users. By agreeing to these Terms, you agree to be bound by Stripe’s Terms, as the same may be modified by the Stripe from time to time. As a condition of Campertunity enabling payment processing services through Stripe, you agree to provide Campertunity accurate and complete information about you, and you authorize Campertunity to share it and transaction information related to your use of the payment processing services provided by Stripe.
6. Payment Processor for Landowners: You, as a Landowner, agree that any Price that is owing to you by Campertunity on account of listing a Property with the Service will be paid to you, less applicable Service Fees, cancellation fees, and other fees, through the payment processor PayPal. You agree to abide by PayPal’s Terms of Use, as applicable in your jurisdiction, and as updated from time to time (“PayPal’s Terms”). You agree that the email address you provided to Campertunity is the PayPal address through which you will receive any payments under these Terms. Landowners are responsible for the opening and maintenance of their respective PayPal account. Campertunity will not be responsible for a Landowner’s failure or inability to open or maintain their PayPal account, or to abide by PayPal’s Terms. If Campertunity is unable to successfully pay you in accordance with this section and through no fault of its own within 30 days from the date which a payment is due, you forfeit your right to any failed payment and Camptertunity may terminate the Services provided to you in accordance with these Terms.
7. Violation of Property Rules. You understand that a violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(s).
8. Damage. As a Camper, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Camper, 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 Property.
9. Landowner Claim. In the event that a Landowner makes a claim and provides evidence of damage, you, as Camper, agree to pay the cost of replacing the damaged items or property with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment for any damage (“Damage Payment”) will be charged to and taken from the credit card on file in your Account. If we are unable to charge the credit card on file or otherwise collect Damage Payment from you, you agree to remit Damage Payment to the applicable Landowner or to Campertunity (if applicable). Both Campers and Landowners agree to cooperate with and assist Campertunity in good faith, and to provide Campertunity with such information and take such actions as may be reasonably requested by Campertunity, in connection with any complaints or claims made by Landowners.
BOOKING CANCELLATION AND REFUND
1. Cancellation Policy. As a Landowner, you will choose one of the cancellation policy options provided within Listing creation process. For reference they are:
  1. Super Flexible - full refund (minus Service Fees) if Booking cancelled any time before check in day and time;
  2. Flexible - full refund (minus Service Fees) if Booking cancelled at least 24 hours before check in day and time;
  3. Strict - full refund (minus Service Fees) if Booking cancelled at least one week before check in day and time;
  4. Stricter – 50% refund (minus Service Fees) if Booking cancelled at least 1 week before check in day and time;
  5. Strictest - 50% refund (minus Service Fees) if Booking cancelled at least 30 days before check in day and time.
2. Cancellation by Camper. If, as a Camper, you wish to cancel a confirmed Booking made via the Site and Services, either prior to or after arriving at the Property, the cancellation policy contained in the applicable Listing will apply to such cancellation. Our ability to refund any fees charged to you will depend upon the terms of the applicable cancellation policy. The Service Fees are not refundable.
3. Cancellation by Landowner. If, as a Landowner, you cancel a confirmed Booking, you will be charged a cancellation fee as follows: (i) if the cancellation is made more than 7 days before check-in for the Booking, $50; and (ii) if the cancellation is made less than 7 days before check-in, $80. In addition, every time a Landowner cancels a confirmed Booking: (A) an automated review will be posted to the profile of your Listing indicating that you, the Landowner, cancelled one of your Bookings; and (B) the period of the Booking will remain unavailable and you, the Landowner, will not be able to relist the Property for the same period.
4. Cancellation by Campertunity. In certain circumstances, Campertunity may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site and Services. You agree that Campertunity and the relevant Camper or Landowner will not have any liability for such cancellations or refunds. Without limiting the foregoing, cancellation of your Account will cause all Bookings associated with your Account to be cancelled.
TERMINATION
1. Termination of Services by Campertunity. Campertunity has the right to suspend or terminate any Services provided to you for any reason. You agree that all termination of Service shall be made in Campertunity’s sole discretion and that Campertunity shall not be liable to you or any third party for any termination of your Account.
2. Termination of Services by You. If you want to terminate the Services, you may do so by notifying Campertunity at any time and closing your Account for all of the Services that you use. Your notice should be sent, in writing, to info@campertunity.com.
3. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of Services also includes deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Campertunity will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE CAMPERTUNITY MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY CAMPERTUNITY TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THE SITE AND SERVICES. CAMPERTUNITY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE CAMPERTUNITY MATERIALS OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY YOU AGREE THAT CAMPERTUNITY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAMPERTUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAMPERTUNITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR SERVICES EXCEED THE AMOUNT RECEIVED BY CAMPERTUNITY FROM YOU OR PAID BY CAMPERTUNITY TO YOU IN THE 180 DAYS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
INDEMNIFICATION You shall indemnify, defend and hold harmless Campertunity and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with:
1. Your Content;
2. your use of, or inability to use, the Campertunity Materials;
3. your violation of the Terms;
4. your violation of any rights of another party, including any Users;
5. your violation of any applicable laws, rules or regulations;
6. your interaction with any User or booking of a Property; and
7. the use, condition or rental of a Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property.
Campertunity reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations. LINKS Campertunity Materials may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Campertunity of the linked web site or information contained therein. Campertunity shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
GOVERNING LAW This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Agreement.
ASSIGNMENT You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
SEVERABILITY These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between you and Campertunity relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.