Terms of Service

LAST UPDATED 04/15/2025

THIS WEBSITE OR MOBILE APPLICATION AND ANY OTHER WEBSITES OR MOBILE APPLICATIONS OF COMPANY, ITS PARENTS, AFFILIATES OR AGENTS (COLLECTIVELY, THE «WEBSITE») AND THE INFORMATION ON IT ARE CONTROLLED BY CWI, LLC AND ITS AFFILIATES.

PLEASE READ THESE TERMS OF SERVICE AND ANY CONTRACT ASSOCIATED THEREWITH OR ATTACHED HERETO («TERMS») CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES.

THE SERVICES ARE COMPRISED OF AN ONLINE PLATFORM AND WEBSITE THROUGH WHICH CAMPGROUND OWNERS OR OTHER BUSINESSES («HOSTS») MAY CREATE LISTINGS FOR RV CAMPSITE GROUNDS («PROPERTY» OR «PROPERTIES») AND GOOD SAM ELITE MEMBERS («MEMBERS») MAY LEARN ABOUT AND ARRANGE FOR AN OVERNIGHT STAY ON THE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY AGREEMENT TO BOOK AN OVERNIGHT STAY AT A PROPERTY THROUGH THE SITE IS AN AGREEMENT ONLY BETWEEN THE MEMBER AND THE HOST OF THE PROPERTY AND THAT COMPANY IS NOT A PARTY TO ANY SUCH AGREEMENT. COMPANY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, AND COMPANY DISCLAIMS ALL LIABILITY FOR SUCH CONDUCT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

THE TERM «YOU» REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, WHEN YOU USE OR VISIT THE WEBSITE AS A MEMBER, HOST OR OTHER USER, OR REGISTER ON THE WEBSITE TO OBTAIN SERVICES, WHICH MAY INCLUDE, FOR EXAMPLE, SEEKING SERVICES WITH OUR HOST PROPERTIES OR REGISTERING AS A HOST OR OPERATOR OF A HOST PROPERTY.

THIS AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION. BY ACCEPTING THIS AGREEMENT, YOU WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES WILL BE RESOLVED BY ARBITRATION, IN LAKE COUNTY, ILLINOIS. IN PARTICULAR, PLEASE READ THE SECTION OF OUR TERMS OF USE TITLED GOVERNING LAW, VENUE AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION.

1. Introduction

1.1 CWI, LLC and its affiliates provide an online platform (accessible at) where Hosts who have Properties suitable for RV campsites and Members who seek to book a Property for an overnight stay can connect (“Platform”). Collectively, the Platform and any website or mobile application through which the Services are made available shall be referred to as the “Site.” In addition to providing the Services, Company may also provide, through itself, affiliates, or third parties, related products and services to users of the Platform and Site. The Platform, Site, and all related products and services that Company may provide are collectively referred to herein as the “Services.” By using the Services or Site, You agree to comply with and be legally bound by these Terms whether or not You become a registered user of the Services. These Terms constitute a legal, binding agreement (the “Agreement”) between You and Company governing your access to and use of the Site, Platform and Services. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.campingworld.com/helpcenter-ourpolicies/privacyPolicy.htmlIf you do not agree to these Terms, You have no right to continue using the Services, Platform or the Site. Failure to use the Services, Platform or Site in accordance with these Terms may result in termination of your account, denial of Services and/or civil and criminal penalties.

1.2 Updates to these Terms

These Terms apply to any use by You of the Services, Platform or Site provided to or received by You. Your use of or browsing of the Services, Platform or Site will be deemed an acceptance of the Terms. Company may modify or replace these Terms from time to time by publishing a new version on the Site. Registered Hosts and Members will be notified by email (to the email address provided at the time you register on the Site) of material changes to the Terms. Your continued use of the Site, Platform or Services following any amendment to or replacement of the Terms constitutes Your acceptance of the Terms, as amended or replaced. If the Terms are updated and You do not agree to such updated Terms, You may not use the Site, Platform or Services.

1.3 Other Company Policies

In addition to these Terms, You agree that you will read carefully and comply with all written rules, agreements, and policies that are made available by Company on the Site or in connection with the Platform and Services (the «Platform Rules»), which are hereby incorporated herein by reference. These Platform Rules include, without limitation, the following:

Host’s Code of Conduct

Member’s Code of Conduct
Privacy Policy
Terms of Use

1.4 Communications

By entering into this Agreement or using the Platform, and by providing your telephone numbers and email accounts, You expressly agree and affirmatively consent to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational and transactional communications concerning your Account or the use of the Platform, updates concerning new and existing features on the Platform, or other email communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the «STOP» keyword commands and agree that Company and its service providers will have no liability for failing to honor such requests. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PLATFORM OR RELATED SERVICES. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE PLATFORM OR RELATED SERVICES. Text the keyword HELP to our text message shortcode to receive customer service contact information. You understand that we may send you a text or email confirming any opt-out by you.

1.5 Definitions

“Damage” includes any and all damage to any part of the Property
“Member” means a person who is a Good Sam Elite Member, meets the Eligibility Criteria set forth in Section 2, registers on the Site, and who makes a booking with respect to a Property.
“Insurance Policy” means the insurance issued to Company by the Insurance Provider which extends coverage to the renter per the terms of the policy issued to Company.
“Insurance Provider” means a third-party insurer obtained by Company which issued the Insurance Policy to Company.
“Company,” “we,” “us,” or “our” means CWI, LLC and its affiliates.
“Host” means a person registered as the owner of a Property on the Site and allowing the Property to be rented for overnight stays.
“Rental Period” means the period from the day and time of check-in to the day of check-out of the Property.
“You” is any user of the Site and can include Hosts, Members or individuals browsing the Site who are neither Hosts or Members.

2. Registration and Eligibility as a User of the Platform

2.1 If You wish to register on the Platform as either a Member eligible to rent a Property or as a Host to list your Property, You must register on the Site. By completing the registration process on the Site, You are deemed to have agreed to these Terms.

2.2 Members are eligible as a User of the Platform by having a Good Sam Elite Membership and must satisfy the following minimum eligibility requirements (collectively, the “Eligibility Criteria”):
B. You must have a valid, governmental ID;
C. You must be at least eighteen (18) years old and of legal age to form a binding contract;
D. You may not be a person barred from using the Site or Services under the laws of the United States, your place of residence, or any applicable jurisdiction.

2.3 To register as an Host in addition to the above Eligibility Requirements, you must have all necessary right, title, interest, permission and authority to register your Property and make it available as part of the Services.

2.4 We reserve the right to accept or decline your application for registration at Company’s absolute discretion.

2.5 You represent and warrant that the information you provide to us on the Platform, in your account, is correct, complete, accurate and up-to-date and that You own and control all data provided, including, but not limited to, email account(s), telephone number(s), and other contact or identifying information. You agree to indemnify, defend, and hold harmless Company for any privacy, tort, or other claims or regulatory actions relating to Your voluntary provision of a telephone number or email account that is not owned by You, or Your failure to promptly notify Company of any changes in Your contact information, including telephone numbers. You agree to promptly notify us of any changes to your information by updating the «profile» section on the Site.

2.6 You agree not to use a false identity or information, or on behalf of someone other than yourself when creating an account on the Platform. You agree that You shall not have more than one account on the Platform at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an account or use the Platform if You have been previously removed by Company, or if You have been previously banned from any of Company sites or the Platform. If You lose or plan to give up the telephone number(s) or email accounts that are linked to Your account and form a part of Your account information You will unsubscribe from future communications to such telephone numbers and email accounts, and agree to update all registration data in a timely manner.

2.7 You warrant and agree that You will safeguard your account information and password used to access your Company account and will not allow anyone else to use your account. You are solely responsible for all activity undertaken through your account, whether or not you have authorized such activity. You agree to immediately notify Company if you learn of or suspect unauthorized use of your account.

2.8 If You provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that any information You provided is or has become untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Site, Services, or any portion thereof.

3. Your Conduct

3.1 In connection with your use of the Site, Platform and the Services You represent, warrant, and agree that you will not use the Site, Platform or Services for any purpose that is prohibited by this Agreement or by applicable law, including, but not limited to the following:
  • a. register as more than one Host or register on behalf of any person other than yourself;
  • b. have more than one Account at a given time;
  • c. contact an Host for any purpose other than asking a question related to booking that Host’s Property or for any other purpose expressly set forth in these Terms;
  • d. use the Platform to find an Host and then complete a booking of a Property without using the Platform in order to circumvent the obligation related to the provision of the Platform or the Services;
  • e. use manual or automated software, devices, scripts, or other means or processes to access, «scrape,» «crawl» or «spider» any web pages or other services contained in the Site, Platform or Services;
  • f. violate any local, state, provincial, national, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and tax regulations;
  • g. use the Services for any commercial or other purposes that are not expressly permitted by these Terms or permitted by Company pursuant to the terms of a separate written agreement;
  • h. use our Services in violation of any agreement you have with a third party, including but not limited to a financing bank or insurance company;
  • i. copy, store or otherwise access any information contained on the Site or Platform for purposes not expressly permitted by these Terms;
  • j. infringe or misappropriate the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • k. interfere with or damage the Site, Platform or Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • l. stalk or harass any other User of the Site, Platform or Services or collect or store any personally identifiable information about any other user other than for purposes of the Site, Platform or Services;
  • m. use the Site, Platform or Services to 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 financial information;
  • n. use the Site, Platform or Services in connection with the distribution of unsolicited email spam or advertisements;
  • o. when acting as a Member or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Company;
  • p. use, display, mirror or frame the Site, Platform or Services, or any individual element within the Site, Platform or Services, Company name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on the Site, without Company’s express written consent;
  • q. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • r. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Platform or Services; or
  • s. advocate, encourage, or assist any third party in doing any of the foregoing.

3.2 For Hosts, in connection with the use of your Property you warrant, covenant, and agree to the following:

  • a. You will not allow the Property to be operated in breach of any local state, or federal law, act, regulations, or rules or bylaws;
  • b. You have all necessary right, title, interest, permissions and authority to register your Property and make it available as part of the Platform and Services;

3.3 In addition to the above, you warrant, covenant, and agree that You will:

  • a. Take all reasonable care is taken in using the Property;
  • b. Notify us of any damage or injuries to people or third-party property that happened on the Property during a stay;
  • c. Notify us of any Damage to the Property immediately upon becoming aware of the Damage but not later than forty-eight (48) hours following completion of the Rental Period;
  • d. Ensure that no illegal, dangerous, or hazardous material is carried on or permitted on the Property;

3.4 Company may, but is not obligated to, monitor or review the Platform and Site and User content at any time. Without limiting the foregoing, Company shall have the right, in its sole discretion, to remove any of your content for any reason (or no reason), including if such content violates the Agreement or any applicable law. If Company becomes aware of any possible violations by You of any provision of the Agreement, Company reserves the right to investigate such violations, and Company may, at its sole discretion, immediately terminate your ability to use the Platform and/or Site, or change, alter or remove your content, in whole or part, without prior notice to You.

4. Bookings

4.1 To make a booking, Member must initiate a booking request through the Site specifying the Property they wish to rent and the Rental Period together with all such other information and details as are required, including but not limited to, governmental ID, contact information, and active Good Sam Membership. We will transmit your booking request to the Host, and the Host may, at its sole discretion, choose to accept or decline the request for any reason.

4.2 Hosts have the option to opt-out of the online booking portion of the Platform and require Members to call Host directly to book the Property. Host will choose, at its own discretion, whether to accept or decline the Member’s request for any reason.

4.3 If we confirm that the booking request has been accepted by the Host, either through the Platform or via telephone, Member will be notified that the booking request has been accepted an the Property will be reserved.

5. Booking Cancellations

5.1 A Member can cancel a booking at any time, up to 72 hours before the commencement of the Rental Period, with no penalty or consequences. Without limiting Section 5.3, if a Member cancels a booking which has been confirmed on the Site, for any reason less than 72 hours before the Rental Period commences, the «three strikes policy» as outlined in the attached will apply.

5.2 If the Host reasonably determines that Member is unfit to stay at the Property at the commencement of the Rental Period, Member will be deemed to have cancelled the booking within 72 hours of the Rental Period. A Host may deem a Member to be «unfit» for any reason in the Owner’s reasonable discretion, including but not limited to: apparent intoxication; appearing to be under the influence of any substance; providing inaccurate or fraudulent information regarding your age, license, vehicle, Eligibility Criteria, or anything else in violation of the Host’s rental terms.

5.3 If Member arrives at the Host Property at the commencement of a Rental Period and the Property is, in Member’s reasonable opinion, materially different from the description of the Property on the Site, Member may cancel the booking. In such circumstance, the «three-strikes policy» will not apply if:
  • a. Member notifies us immediately of the cancellation and informs us of the reason for the booking cancellation;
  • b. we are satisfied (in our sole discretion) that the reason for the cancelled booking was reasonable under the circumstances.
  • c. Member takes a photo or photos of the Property or the conditions which demonstrate that the Property is materially different from the description of the Property on the Site and make such photo or photos available to us for verification; and

5.4 We may cancel a booking at any time if the Host cancels their booking with us,

6. Property Check-In

6.1 Host and Member must meet at the agreed time and place at the commencement of the Rental Period. Member must present a valid and current government issued ID to prove their identification.

6.2 Host, at their discretion, may implement additional check-in processes which shall be deemed accepted by the Member when reserving the Property

6.3 It is the responsibility of the Host and Member, to take necessary steps to record evidence of pre-existing Damage to the Property (i.e., photos or a recording) in accordance with the instructions set forth on the Site to prove the condition of the Property at the commencement of the Rental Period.

6.4 Member acknowledges having checked-in the the Property in good condition and as represented on the Platform, unless they notify us otherwise.

7. Property Check-Out

7.1 Member must vacate the Property at the end of the Rental Period at the time agreed to with the Host. The Property must be vacated in a clean condition (if applicable and subject to any separate agreement or check-out instructions stated by the Host). Hosts are required to document any check-out instructions for guests, which will be deemed accepted upon Member booking the Property. Failure to adhere to these requirements, if applicable, will be the responsibility of the Host and will be reviewed by Company in connection with the «three-strikes rule».

7.2 Upon vacating of the Property, it is the responsibility of the Host and Member to complete the check-out process as required by the Host. and which must otherwise comply with all instructions set forth on the Site. Section 13 will apply with respect to any disputes between Member and Host related to any Damage, and You agree to keep us informed with respect to the status of the dispute.

8. Damage

8.1 Subject to Section 13, Member is liable to the Host for all Damage, or any bodily injury caused to Host or any other person, caused by Member during the Rental Period. Host is liable to Member for any damage for Member’s property or any bodily injury caused to Member or any other person, caused by Host during the Rental Period.

8.2 By signing this Agreement, You expressly agree to cooperate with us and the Insurance Provider in all respects, including by providing all reasonable information requested and following all reasonable instructions in relation to the use of the Property and any actions required with respect of the Damage. Host agrees to hold an insurance policy with the $500,000 evidence only general liability coverage. Member agrees to hold an insurance policy for its vehicle or vehicles in compliance with applicable state law.

8.3 Member must not arrange or carry out any repair work to the Property.

8.4 If the Property is Damaged during the Rental Period and is deemed (including by the Insurance Provider) to no longer be safe to inhabit, Member must vacate the Property immediately.

8.5 Company does not accept any liability for personal injuries sustained during the Rental, nor for any loss or damage to any personal belongings or property of the Member (or any person or entity related to the Member) or the Host. Company also has no liability for any costs or losses sustained by a Member as a result of any disruption or changes to travel plans required or arising out of your rental of a Property. Company strongly recommends that Members take out personal travel insurance to cover any injury, loss and disruption to travel plans.

9. Suspension and Termination of Registration

9.1 We reserve the right to alter, suspend or terminate the Site, the Services, Platform, registration of a Property, your status as a Member or Host and your access to Site temporarily or permanently at any time and without prior notice in our sole discretion. Without limiting the above, if you breach these Terms or repeatedly cancel bookings, Company has the right to terminate your status as a registered Member or Host and remove your profile from the Site.

9.2 Host or Member can suspend their account on the Platform and remove their profile from public access at any time, provided that no current booking is associated with the Member or Host at that time. Upon suspension of an account by a Member or Host, We will remove their profile information from public access (but You agree that we may retain profile information as part of our business records in accordance with applicable law).

9.3 A Member can recreate a new account and public access to their profile at any time, with the approval of Company.

9.4 Suspension or termination of a Member’s account will not affect Your or Our rights and obligations under these Terms accruing prior to suspension or termination.

10. Intellectual Property and Your Use of the Site

10.1 The material displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, designs, layouts, results of the use of software and tools, advertisements, names, logos and trade marks («Content») are owned by or licensed to Company and are subject to copyright, trademark, or other intellectual property rights under United States or foreign laws and international conventions. All rights, title and interest in and to the Content are owned, licensed or controlled by Company or its licensors. Caching, unauthorized hypertext links to the Site, and framing of any Content without Company’s prior written consent is prohibited. All Content herein and thereto, are and shall remain the exclusive property of Company or its licensors. All rights in and to the Site (and any software, hardware or other technology used to provide the Site), Content and Services are reserved by Company or the party credited.

10.2 You warrant and represent that You own, or that you are authorized to use, access, display, distribute, transmit and upload all relevant intellectual property rights in any content that You upload to the Site or Platform("User Content") and You grant us a perpetual, irrevocable, transferrable, royalty free license to view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use, and otherwise exploit the User Content to operate the Site, Platform and the Services, including in relation to promotion of the Site, Platform and the Services and making the User Content available for access, viewing and use by other Users of the Site.

10.3 You acknowledge and agree that You are solely responsible for all User Content that you make available through the Site, Platform and Services. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that you make available through the Site and Platform, Company or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in 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 Company’s use of the User Content (or any portion thereof) on, through or by means of the Site, Platform and Services 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.

10.4 Subject to Your compliance with these Terms, Company grants You a limited, non-exclusive, non-transferable license, to access and view any User Content solely for Your non-commercial and personal use. You have no right to sublicense the license rights granted in this section.

10.5 Company provides a rating and review function on the Platform, to allow Members and Hosts to evaluate the conduct of each other and any Property. Any feedback provided must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate, infringing, or unlawful. We reserve the right, but are not obligated, to remove or redact any feedback provided on the Platform at our absolute discretion.

11. Site Availability and Disclaimers

11.1 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE, PLATFORM AND SERVICES ARE PROVIDED ON AN «AS IS» BASIS. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY:

a. EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SITE AND ITS CONTENTS, OR WHICH IS OR MAY BE PROVIDED BY ANY THIRD PARTIES (INCLUDING ANY MEMBERS OR HOSTS), INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE SITE, IN THE DESCRIPTIONS OF PROPERTIES OR ANY INFORMATION REGARDING MEMBERS OR HOSTS; AND

b. EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE PLATFORM, OR THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, DIRECT LOSSES, INDIRECT LOSSES, CONSEQUENTIAL LOSSES, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED COMPANY OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR PROPERTY, VEHICLE, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES.

11.2 COMPANY GIVES NO UNDERTAKINGS, REPRESENTATIONS, OR WARRANTIES IN RELATION TO ANY PROPERTIES LISTED ON OR RENTED THROUGH THE SITE, INCLUDING THE SUITABILITY, SAFETY, DESCRIPTION, QUALITY, FEATURES OR SPECIFICATIONS OF A PROPERTY

11.3 THE SITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES («LINKED SITES»). COMPANY DOES NOT CONTROL LINKED SITES AND IS NOT RESPONSIBLE FOR THEIR CONTENTS OR HYPERLINKS. HYPERLINKS ARE PROVIDED FOR CONVENIENCE ONLY, AND THEIR INCLUSION DOES NOT IMPLY THAT COMPANY ENDORSES THE LINKED SITE. COMPANY PROVIDES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES AS TO THE NATURE, CONTENT AND RELIABILITY OF ANY LINKED SITE, AND IS NOT LIABLE FOR ANY ELECTRONIC CONTENT OF A THIRD PARTY. YOU LINK TO ANY LINKED SITE ENTIRELY AT YOUR OWN RISK.

11.4 YOU ACKNOWLEDGE AND AGREE THAT INTERNET TRANSMISSIONS ARE NEVER ENTIRELY SECURE OR PRIVATE, AND THAT ANY MESSAGE OR INFORMATION YOU SEND TO OR THROUGH THE SITE (INCLUDING CREDIT CARD INFORMATION) MAY BE READ OR INTERCEPTED BY OTHERS, EVEN WHERE A WEBSITE IS STATED AS BEING SECURE. COMPANY SHALL HAVE NO LIABILITY FOR THE INTERCEPTION OR «HACKING» OF DATA THROUGH THE SITE BY UNAUTHORIZED THIRD PARTIES.

11.5 THE EXCLUSIONS AND LIMITS SET OUT IN THESE TERMS WILL ALSO OPERATE FOR THE BENEFIT OF OUR SUPPLIERS, LICENSORS AND AGENTS.

12. Privacy Policy and Confidentiality

12.1 Our privacy policy governs the collection, use, storage and disclosure of personal information by us. Our privacy policy is available at https://www.goodsam.com/privacy-policy.

12.2 Except as provided in our privacy policy, any communication or material transmitted to us in connection with the Site (including by email) will be treated as non-confidential and non-proprietary. You grant to us a perpetual, royalty-free, irrevocable, transferrable license to view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, use, and otherwise exploit any information You transmit to us, including ideas, suggestions or other material and We may use, reproduce, publish, modify, adapt and transmit such information without restriction.

12.3 In registering on the Site, You accept that We may use third party sources to run identity verification and other background and/or eligibility checks.

13. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

13.1 Disputes Subject to applicable law, You and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, Your use of or access to the Services, Site, Platform or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Section 13. For the avoidance of doubt, Company disclaims any and all liabilities or claims not pertaining to the terms and conditions set forth in these Terms, or pertaining to an issue with a User that are outside the scope of these Terms and this Agreement.

13.2 Applicable Law You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between You and Company, except as otherwise stated in the Terms. In the event that a dispute is brought in a court of law under this Section 13, You and we agree to submit to the exclusive personal jurisdiction of the state or federal courts located in Lake County, Illinois.

13.3 Agreement to Arbitrate You and Company each agree that any and all disputes or claims that have arisen or may arise between You and Company (including its respective parent company, subsidiaries, employees, officers, directors, and agents) relating in any way to, arising out of or connected to this or previous versions of the Terms, your use of, or access to the Services, or any services sold, offered, or purchased through the Services or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration administered in Chicago, Illinois, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Alternatively, You may assert your claims in small claims court in Lake County, Illinois, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

13.4 Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

13.5 Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, subject to and in accordance with these Terms and as limited in the section below entitled Limitation of Liability and Indemnification. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading «Prohibition of Class and Representative Actions and Non-Individualized Relief,» shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to Company should be sent via email to [email protected]. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Company.

If You and Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org (The AAA provides a Demand for Arbitration form and a separate form for California residents). In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Company shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which You reside or at another mutually agreed location. If the value of the relief sought is thirty five thousand dollars ($35,000) or less, You or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on You and Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.

For matters where the relief sought is over five thousand dollars ($5,000), the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with Section 20 as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Company user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.6 Costs of Arbitration Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is five thousand dollars ($5,000) or less, at your request, Company will reimburse You for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Company is relieved of its obligation to reimburse You for any fees associated with the arbitration.

13.7 SeverabilityWith the exception of any of the provisions in Section 19.4, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 19.4 is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and Section 19 will continue to apply.

13.8 Opt-Out Procedure YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“Opt-Out”) BY EMAILING US AN OPT-OUT NOTICE TO [email protected] (“Opt-Out Notice”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST REGISTER AS A USER OF THE SITE.

In order to opt-out, You must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Company Account(s) to which the opt-out applies and to [email protected]. This procedure is the only way You can Opt-Out. If You Opt-Out, all other parts of the Agreement and Section 13 will continue to apply to You. Opting-Out has no effect on any previous, other, or future arbitration agreements that You may have with us.

13.9 Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the Terms to the contrary, You and Company agree that if we make any amendment to Section 13.3 in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Section 13.3 that have arisen or may arise between you and Company. If You do not agree to these amended terms, You may close your account within thirty (30) days of posting or notification of the amendments and You will not be bound by the amended terms, but will arbitrate any dispute in accordance with the provisions of Section 13.3 as of the date You last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Company, You do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of the Terms.

13.10 Judicial Forum for Legal Disputes Unless You and we agree otherwise, in the event that Section 13.3 is found not to apply to You or to a particular claim or dispute, either as a result of your decision to Opt-Out, as a result of a decision by the arbitrator or a court order or because You have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, You agree that any claim or dispute that has arisen or may arise between You and Company must be resolved exclusively by a state, federal, or small claims court located in Lake County, Illinois. You and Company agree to submit to the personal jurisdiction of the courts located within Lake County, Illinois, for the purpose of litigating all such claims or disputes.

14. Limitation of Liability and Indemnification

14.1 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 SITE, PLATFORM AND/OR SERVICES, CONTENT, OR BOOKING OF AND USE OF ANY PROPERTY VIA THE SITE, PLATFORM AND/OR SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SITE, PLATFORM AND/OR SERVICES; WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER COMPANY, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, PLATFORM AND/OR SERVICES, WILL BE LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM YOUR USE OF THE SITE, PLATFORM, OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, PLATFORM AND/OR SERVICES, OR CONTENT FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, PLATFORM AND/OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PLATFORM AND/OR SERVICES, CONTENT OR FROM YOUR BOOKING, OR USE OF ANY PROPERTY VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY 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.

14.2 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY 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.

14.3 You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any allegations, penalties, claims, liabilities, damages, losses, fines and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) Your access to or use of the Platform, Services or Site or Your violation of these Terms; (b) Your (i) interaction with any Host, Member or other User, (ii) booking or use of a Property, or (iii) the use, condition or rental of a Property, 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 the Services or use of a Property; © the breach of any obligation, duty, responsibility under these Terms; (d) the breach of any applicable law; or (e) the User Content infringing or misappropriating any patent, trade secret, copyright, trademark or any other intellectual property right of any third party.

14.4 In the event of any claim under Section 14.3, the indemnified party shall promptly notify the indemnifying party in writing thereof; provided, however, that the failure to give such prompt notification to the indemnifying party shall not relieve it of its indemnification obligations hereunder unless the indemnifying party can establish such delay materially prejudiced indemnifying party. The indemnifying party shall control and conduct the defense of such claim, including the settlement of the same provided that it may not settle any such claim without the indemnified party’s prior written consent unless such settlement includes a full release of all claims against the indemnified party.

15. General

15.1 Entire Agreement. This Agreement supersedes all previous agreements between the parties and, together with any attachments hereto, contains the entire agreement the parties related to the subject matter of this Agreement.

15.2 Assignability. You may not assign, transfer, or purport to assign or transfer any of Your rights and obligations in connection with these Terms. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Property.

15.3 Waiver; Severability. If any one or more of the provisions contained in this Agreement or any document executed in connection with this Agreement will be invalid, illegal or unenforceable under any applicable law, (i) unless otherwise provided under applicable law, the validity, legality, and enforceability of the remaining provisions contained in these documents will not be affected or impaired and will remain in full force and effect; and (ii) the invalid, illegal, or unenforceable provision will be replaced by us immediately with a term or provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable term or provision. Failure or delay on our part to exercise any right or privilege under this Agreement will not operate as a waiver nor will any partial exercise of any right or privilege preclude any further exercise of that right or privilege.

15.4 Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms.

CWGS Group, LLC
PO Box 6888
Englewood, CO 80155-6888
800-234-3450