GoCamp Terms of Service

GOCAMP TERMS OF SERVICE

Last updated September 2024.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

INTRODUCTION

GoCamp AL, LLC (“GoCamp,” “we,” or “us”) provides an online platform that connects “Owners” of camper vans, campers, motor homes, and other recreational vehicles (“Vehicles”) listed on our website (www.GoCamp.com (the “Site”)) with “Renters” seeking to book those Vehicles. The Site, mobile applications, and associated services are collectively referred to as “the Services”. Owners may use the Services to publish a listing (“Listing”) with information about their Vehicle and optional additional services or products (“Add-Ons”) offered, and Renters may use the Services to book a Vehicle (a “Booking”).

These GoCamp Terms of Service for the Services (“Terms”), together with the GoCamp Privacy Policy, Protection Plan, Owner Policies, and Renter Policies, constitute a legally binding agreement (“Agreement”) between you and GoCamp AL, LLC governing your use of the Services. We encourage Owners to review the Owner Policies before registering and listing on GoCamp, and Renters to review the Renter Policies. The Owner Policies, Renter Policies, and the Protection Plan are set forth on the Site and are incorporated into the Terms by reference. By accessing and/or using this Site, including by communicating with us or other GoCamp users, you agree to comply with, and be legally bound by, the provisions of the Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and GoCamp. You may not use the Services unless you agree to these Terms.

Services Provided by GoCamp and Relationship to Third Party Sites

Owners submit information to GoCamp about their Vehicles. GoCamp creates Listings on behalf of Owners, and facilitates all Booking inquiries on behalf of Owners. Renters may learn about and book Vehicles using our Services. Once a connection has been facilitated by GoCamp, the rental takes place directly between the Owner and Renter.

GoCamp does not own, rent, re-rent, or otherwise control the Vehicles listed on the Site. GoCamp simply connects Owners and Renters. Accordingly, you understand and agree that GoCamp is not a party to any agreements entered into between Owners and Renters, nor is GoCamp an insurer. GoCamp has no control over the conduct of Owners, Renters, or third-party service providers and disclaims all liability for claims or damages arising from or related to Owner, Renter, or third-party service providers’ conduct.

Modifications and Changes

GoCamp reserves the right, at its sole discretion, to modify the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By accessing the Site or using the Services after we have posted a modification on the Site or have provided you with other notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop accessing the Site and using the Services.

If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your GoCamp Account within 30 days. If you choose to close your GoCamp Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

ELIGIBILITY, REGISTRATION, VERIFICATION

Eligibility

The Services are intended solely for Renters and Owners who are at least age 25. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “GoCamp Account” or “Account”). You can create a GoCamp Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including, Facebook and Google). When you book a Vehicle as a Renter, you provide us with certain additional information about yourself. Similarly, when you list a vehicle as an Owner, you provide us with certain additional information about yourself and your Vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, Booking, and/or Listing process. You must keep your GoCamp Account up to date at all times. Based on information you provide, GoCamp may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).

Verification and Collecting Information about You

Where permitted, GoCamp has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity; (2) help verify insurability; and (3) verify Vehicle details. However, GoCamp does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process.

By using the Services, you authorize us, directly or through third parties, to:

- Make any inquiries we consider necessary to validate your identity and to collect information about you. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or mobile phone, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity.
- Obtain consumer credit reports from consumer reporting agencies about you when you apply for a rental. You expressly authorize us to use the information that we obtain from such reports to provide you with service you may request, make decisions related to the servicing, and perform other statistical analysis.

Collect background check information about you. A background check report is a type of check in which information (which may include, but is not limited to, criminal background, driving reports/background, character, general reputation, personal characteristics, and mode of living) about an Owner, a Renter or another driver is gathered and communicated by a consumer reporting agency to us. We may use this for the purpose of evaluating renters in connection with their application or continued eligibility on our platform.

GoCamp may permit or refuse your request to book or list a Vehicle in our sole and absolute discretion. GoCamp may, but does not commit to, undertake efforts to ensure the safety of Vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any Vehicles beyond our policies that require Owners to ensure their Vehicles are in safe and operable condition; legally registered to be driven on public roads; have a clean title (e.g., non-washed/non-written off); not subject to any applicable safety recalls; and otherwise satisfy our eligibility requirements. Although these Terms require users to provide accurate information, GoCamp does not attempt to confirm, and does not confirm, any user’s purported identity or other information provided by the user.

See our Privacy Policy for additional information on how we collect and use personal information.

Additional Requirements for Renters and Permitted Drivers: To make a Booking via the Services or to qualify as an additional permitted driver (“Permitted Driver”), you must demonstrate to GoCamp’s satisfaction that you:

Hold a current, valid (non-temporary) driver’s license.
Are between 23 and seventy 70 years of age.
Have been a U.S. or foreign-licensed driver for at least three years.
Have not had any of the following violations in the last 5 years: Any violation involving alcohol or drugs in an automobile of any class and refusal or failure to consent to alcohol or drug testing; driving while under suspension/revocation, operating without a license / allowing unlicensed operator; felony involving any automobile, fleeing or eluding police, leaving the scene of an accident; license suspension for points; manslaughter, vehicular homicide, or negligent homicide racing; fraudulent license application; two or more accidents in 36 months.
Have not had more than 7 non-critical violations, each reviewed individually. A point system is used to determine eligibility per insurance requirements.

You must start your driver verification within 48 hours of booking. If you fail the driver verification, you will receive a full refund. Renters or permitted drivers who drive a camper van without successfully completing and passing the driver verification, may not be eligible for GoCamp insurance coverage. In these cases, renters and permitted drivers will be personally liable and required to pay for any damages caused to the vehicle. Failure to complete your driver verification promptly may result in the standard cancellation policy being applied.

LISTING, SEARCHING, AND BOOKING

Listings

Each Vehicle listed must meet the requirements described in these Terms and in the Owner policies, which GoCamp may update from time to time with or without notice. Owners may only use the Services in connection with Vehicles that the Owner owns or otherwise is entitled to List and share or rent to others for compensation. By listing a Vehicle via the Services, Owner: (1) represents that the information provided about that Vehicle is truthful and accurate, including, the value, location, age, size, features, availability, pricing, and optional add-ons (“Add-Ons”) offered; and (2) understands that Renters will rely on the information in an Owner’s Listing when Booking and using a Vehicle via the Site and Services.

Owners are responsible for all Listings they post and all related content. Accordingly, each Owner represents and warrants that any Listing, and any Booking or use by a Renter, of a Vehicle: (1) is complete and accurate, including with respect to the characteristics of the Vehicle; (2) will not breach any agreements Owner has entered into with any third parties; and (3) will (a) comply with all applicable laws, tax requirements, and rules and regulations that may apply to any Vehicle Listed, including insurance requirements for Vehicle owners, Department of Motor Vehicle regulations, zoning laws, and laws governing the rental, sharing, and/or equipment of Vehicles and (b) not conflict with the rights of third parties.

Owner understands that Owner’s Listings may be made publicly available on the Site. By creating a Listing, Owner grants GoCamp a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Owner’s Listing content in connection with the Services and to promote GoCamp, Owner’s Listing, or the Services in general, in any formats and through any channels, including across any GoCamp or third-party website or advertising medium. GoCamp claims no ownership rights in your content.

Bookings

When you (as Renter) request a Booking of a Listing, you are agreeing to pay all fees related to your Booking and any other charges for services and items identified during checkout (collectively “Fees”) plus applicable taxes and other government charges. When you receive the Booking confirmation, a contract is formed (a “Booking”) directly between you (as Renter) and the Owner, and GoCamp is not a party to the Booking. In addition to these Terms, you (as Renter) agree to accept any terms, conditions, rules, standards, policies, requirements, and restrictions identified in the Listing or during checkout that apply to the Booking. It is the Renter’s responsibility to read and understand these terms, conditions, rules, standards, policies, requirements, and restrictions before requesting a booking of a Listing.

The Owners, not GoCamp, are solely responsible for honoring any confirmed Bookings and making available any Vehicles reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the Booking, you agree and understand that you will be required to enter into a vehicle rental agreement (“Rental Agreement”) with the Owner, and you agree to accept any terms, conditions, rules, and restrictions in the associated Listing. You agree that you, not GoCamp, will be responsible for performing the obligations of any such agreements, that GoCamp is not a party to such agreements, and that, with the exception of our obligations to process payment of Fees to the applicable Owner, GoCamp disclaims all liability arising from or related to any such agreements. You also agree that, although we are not a party to the Rental Agreement between you and the Owner, GoCamp acts as the Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner.

Cancellations and Refunds

If, as a Renter, you wish to cancel a confirmed Booking made via the Services, GoCamp’s Renter Policies regarding cancellations and refunds will apply. If an Owner cancels a confirmed Booking made via the Services, GoCamp will refund all payments received for the Booking to the applicable Renter and will attempt to find a comparable replacement rental.

GoCamp is not responsible for the loss of vacation, personal or business time, or any incidental expenses (to include hotel, airline or other transportation, or food expenses) incurred by a Renter as a result of a Vehicle breakdown or any problem(s) with the Vehicle, or other reason that a Vehicle becomes unavailable.

FEES, SECURITY DEPOSITS, TAXES

Fees

Fees and Billing Policies. You agree to the fees and charges, terms of sale, and payment and billing policies applicable to your use of the Services as described in these Terms, Renter Policies, Owner Policies, a Rental Agreement or elsewhere. GoCamp may add new services for additional fees and charges, or amend fees and charges for existing services, at any time. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated elsewhere in this Agreement or at the time of Listing or Booking a Vehicle.
Payments.

For Renters: If you are a Renter, the total price you will be charged to your payment card on file for your use of a Vehicle booked via the Service includes: (1) the initial Booking price; (2) the fee for GoCamp’s Services, including the Protection Plan; (3) the cost of any trip extensions; (4) any additional fees applicable to your trip, such as extra mileage fees, refueling fees, extra cleaning fees, tolls and violations, and other fees described on the applicable Listing and Booking confirmation; and (5) any applicable taxes or surcharges. A percentage of the initial Booking price and trip extensions is paid to Owners, which GoCamp collects on behalf of Owners as limited agent of Owners, as further specified in these Terms and the Owner Policies. The remaining percentage of the initial Booking price and trip extensions is paid directly to GoCamp by the Renter for facilitating trips and providing the Services.

For Owners: If you are an Owner, you hereby appoint GoCamp as your payment collection agent solely for the limited purpose of accepting funds from a Renter on your behalf in connection with a Booking. Payment from GoCamp will be considered the same as payment made directly to you by the Renter, and you will fulfill the Booking with the Renter in accordance with your agreement to do so as if you received the payment directly from the Renter. Upon the Renter’s payment of the funds to GoCamp, the Renter’s payment obligation to you for the agreed-upon amount is terminated, and GoCamp is instead responsible for remitting the funds to you in the manner described in this Agreement. You have recourse against only GoCamp if we fail to remit funds received from a Renter pursuant to the Renter’s obligations to you.

If you are an Owner, you understand and agree that GoCamp will adjudicate the Booking fee on your behalf, which means processing the Renter’s credit card, retaining a commission as set forth in the Owner Policies and remitting such funds to you as provided in this section. GoCamp will remit payments due to you for a Booking within 2 business days after you submit the post-trip details. However, if GoCamp has not received post-trip details from an Owner within 7 days following the completion of a Booking, Go Camp will remit the payment at that time. GoCamp reserves the right to withhold payment or charge back to your Account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending GoCamp’s reasonable investigation of that breach.

GoCamp will remit all payments to you by ACH payment to the bank account designated in your GoCamp Account information. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your Account, which includes, applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to payment information error or omission may be deducted from the newly issued payment. If you dispute any payment made under this Agreement, you must notify GoCamp in writing within thirty (30) days of any such payment; failure to so notify GoCamp will result in the waiver by you of any claim relating to any such disputed payment. Payment will be calculated solely based on records maintained by GoCamp.

Collections. In addition to the amount due, delinquent Accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent Accounts and/or chargebacks including, collection fees and/or convenience fees and/or other third parties charges. If we need to contact you to service your account or to collect amounts you owe, you authorize us and our subcontractors, including debt collection agencies, to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you. You consent to be contacted in any way, such as calling, texting, emailing, sending mobile application push notifications, or using any other method of communication permitted by law and to contact you on a mobile, wireless, or similar device, even if you are charged for it. You consent to be contacted using an automated dialer or prerecorded messages. You certify that any email address you provide is a personal email address and not a work email address. If you change your email address, phone number, or home address, it is your obligation to update us.

Security Deposits

Owners may choose to include a security deposit requirement in their Listings as further described in the Owner Policies. GoCamp will obtain pre-authorization of the Renter’s credit card according to GoCamp’s terms. GoCamp does not administer or accept claims by Owners related to security deposits and disclaims any and all liability in this regard.

If the Owner requires a security deposit, the Renter must pay the applicable amount at least four days before pick up of the Vehicle, and it will be refunded when all charges and fees have been paid under the terms of the applicable Rental Agreement and these Terms.

GoCamp reserves the right to extend the duration of the pre-authorization beyond the initial 7-day post-rental period, thus extending the timeframe for post-trip charges when necessary. These circumstances include, but are not limited to, situations where owners encounter difficulty in promptly accessing the vehicle or the van is situated in a different state due to a mechanical breakdown, accident, or comparable events. Owners are allowed a reasonable timeframe (3-4 weeks) to assess damages, mileage, post-trip charges and coordinate van retrieval.

Taxes

You are solely responsible for determining your applicable tax collection, remittance, and reporting requirements in consultation with your tax advisors, including any applicable taxes to be collected or obligations relating to applicable taxes in your listing(s). GoCamp does not offer tax-related advice. GoCamp may facilitate the collection and remittance of certain taxes from or on behalf of Renters or Owner, based on existing and future tax regulations, including marketplace facilitator or vehicle rental and sharing regulations. The amount of taxes, if any, collected and remitted by GoCamp will be visible, and separately stated, to both Renters and Owners on their respective Booking related documents and invoices. If GoCamp facilitates the collection and remittance of taxes, Owners are not permitted to collect the same taxes on the Services in relation to their Listing in that jurisdiction. Owners may only collect taxes that are legally required in the relevant jurisdiction, and no other taxes, optional tax-like fees, or purported taxes.

Protection against Liability and Damage to Vehicle

GoCamp’s Protection Plan provides insurance coverage for GoCamp, the Renter and the Owner during the sharing period. GoCamp is not an insurer and does not sell insurance. To be eligible for the benefits of a Protection Plan, Renter and Owner must comply with these Terms. GoCamp maintains an insurance policy that is written by an insurance company and issued to GoCamp that provides the following coverage for the Vehicle, Renter and Owner during the sharing period:

Up to $500,000 liability insurance for third party claims for bodily injury and property damage arising from the use of the Vehicle during the sharing period for the Owner;
State Minimum liability insurance for Renters;
Up to $275,000 comprehensive and collision coverage for damage to the Vehicle during the sharing period:
- Includes exterior damage to the Vehicle;
- Renter must meet the minimum deductible before coverage begins (currently $2,500).
GoCamp’s insurance policy is intended to provide the Renter and Owner insurance coverage during the sharing period. The Vehicle, Renter and Owner are not covered by GoCamp’s insurance policy outside of the sharing period.
The personal motor vehicle insurance policy of the Renter or Owner may or may not provide insurance coverage for shared vehicles. The Protection Plan will provide coverage for the Renter and Owner if their personal policies do not provide coverage for the use of the Vehicle during the sharing period. If the personal insurance policy of a Renter or Owner does provide coverage for liability or property damage incurred by a Renter with respect to the use of a Vehicle during the sharing period, the terms of GoCamp’s insurance policy may require that coverage provided under the Protection Plan will be shared by the insurance companies issuing the policies to GoCamp and/or the Owner. If a Renter or Owner has questions about his or her insurance coverage or desires additional insurance during the sharing period, they should contact a licensed insurance producer.

The protection under GoCamp’s Protection Policy is a contractual obligation of GoCamp provided solely to the Renter and Owner under the Terms and does not confer third party beneficiary status on any other person. GoCamp shall not be liable for any liability arising from the actions or omissions of any Renter or Owner unless covered by the Protection Plan during the sharing period. The “sharing period” is defined as the period between the start time and the stop time for the rental of the Vehicle as reflected in the Booking Details. The Renter and Owner shall not modify the sharing period unless they provide GoCamp notice of the modification and GoCamp confirms the change in an amendment to the Booking Details.

Cooperation

Renters and Owners agree to cooperate and coordinate with GoCamp and each other generally and to take any actions GoCamp reasonably requests in connection with (i) the pickup, use and return of a Vehicle, and (ii) any disputes, actions proceedings, suits, and investigations related to a Vehicle or a Renter’s use of the Vehicle, including, execution and delivery of any documents GoCamp reasonably requests, giving testimony under oath, and taking any other actions GoCamp reasonably requests related to a Vehicle or a rental transaction.

YOUR COMMITMENTS

You agree that you will always use your GoCamp Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by GoCamp.

Account Activity

You are solely responsible for all of the activity that occurs through your GoCamp Account. Keep your GoCamp Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your GoCamp Account, whether or not you have authorized those activities or actions. You must immediately notify GoCamp of any actual or suspected unauthorized use of your GoCamp Account. We are not responsible for your failure to comply with this clause nor are we responsible for any delay in shutting down or protecting your GoCamp Account if you have not reported unauthorized access to us.

Prohibited Activities

In connection with your use of or access to the Services, you agree that you will not (nor will you advocate, encourage, request, or assist any third party to):

Fail to honor your commitments, including:

Using the Services to find a Listing, and then complete a transaction for the Listing partially or wholly independent of the Services, for any reason (including for the purpose of circumventing the obligation to pay any fees related to the provision of the Services by GoCamp)

Fail to pay Fees, penalties, or other amounts owed to GoCamp or another user
Fail, as either a Renter or Owner, to timely deliver, make available, or return any Vehicle or optional Add-Ons
Transfer your GoCamp Account and/or user ID to another party without our consent; if an Owner sells its business or any other change of control occurs the Owner must obtain GoCamp’s consent to transfer or assign any GoCamp Account materials
Leave a Vehicle unlocked or running with the keys inside, except where instructed to do so directly by GoCamp in certain limited circumstances

Violate any law, including:

Breach, violate, and/or circumvent any local, state, or national law or other law or regulation, or any order of a court, including airport regulations and tax regulations, licensing or registration requirements, vehicle rental or sharing rules and regulations, or third-party rights
Post false, inaccurate, misleading, defamatory, or libelous content
Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to GoCamp, or that comes from the Services and belongs to another GoCamp user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of GoCamp

Dilute, tarnish, or otherwise harm the GoCamp brand in any way, including:

Through unauthorized use of the Services and/or user content
Registering and/or using “GoCamp” or derivative terms in domain names, trade names, trademarks, or otherwise
Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to GoCamp domains, trademarks, taglines, promotional campaigns, or GoCamp and/or user content

Provide or submit any false or misleading information, including:

False name, date of birth, driver’s license or other government identification details, payment method, insurance, or other personal information in relation to a claim (for example about damage to a Vehicle)
By registering for a GoCamp Account on behalf of an individual other than yourself
Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Harm or threaten to harm users of our community, including:

Harassing, stalking, or defaming any other GoCamp user or collecting or storing any personally identifiable information about any other user other than for purposes of transacting as an Owner or Renter in accordance with these Terms
Engaging in physically or verbally abusive or threatening conduct
Using the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information, payment method details, or account numbers

Use the Services for your own unrelated purposes, including to:

Contact another GoCamp user for any purpose other than in relation to a Booking, Vehicle, Listing, or the use of the Services by such user
Commercializing any content found on the Services or software associated with the Services, including reviews
Harvesting or otherwise collecting information about users without their and our consent

Interfere with the operation of the Services, including by:

Interfering with any other user’s Listings
Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm GoCamp or the interests or property of others
Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
Using, displaying, mirroring, or framing the Services or any individual element within the Services, the GoCamp name, any GoCamp trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of GoCamp
Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by GoCamp or any of our service providers or any other third party (including another user) to protect the Services
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
Endeavoring to circumvent a suspension, termination, or closure of your GoCamp Account or the account of another GoCamp user, including by creating a new GoCamp Account or Listing affiliated with or registered to a GoCamp Account holder that has been suspended, terminated, or closed

SPECIFIC TERMS APPLICABLE TO RENTERS

Renter Commitments. As a Renter, you commit that you will be a legally licensed driver and provide proof to the Owner or via the Services of a current, valid driver’s license. You will treat the Vehicle and any applicable Add-Ons well and will take all reasonable measures to return the Vehicle and any applicable Add-Ons on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the Booking Details as an “Additional Permitted Driver” to drive the Vehicle you booked.

Who May Drive and Proper Operation of Vehicles. Only the Renter who completes the Booking (the “Primary Driver”) and qualifies as a “Permitted Driver,” and other Permitted Drivers who are designated and identified as additional drivers at the time of Booking and verified by GoCamp (each an “Additional Permitted Drivers”) may drive and operate Vehicles. Permitted Drivers may only drive and operate a Vehicle with the express prior permission from Renter, and Renter shall be fully responsible for any and all damages, incidents, tolls, tickets, and other acts and omissions involving the Permitted Drivers while operating or driving a Vehicle, or caused by or involving the Permitted Drivers.

Renters represent to GoCamp and Owners that Renter and other Permitted Drivers are capable and validly licensed drivers, and will remain capable and validly licensed drivers during the Rental Period. Renters further acknowledge and agree that no person will be allowed to drive a Vehicle if they: (1) are under the age of 25; and/or (2) are not a holder of a valid driver’s license (in his or her actual possession); and/or (3) have not been approved through GoCamp’s verification process.

Owners understand that they alone make the ultimate decision on whether a Renter or Additional Permitted Driver or anyone else requesting possession of the Vehicle pursuant to a Booking is trustworthy and whether to transfer possession of the Vehicle at the pick-up time. This includes the Owner’s responsibility to confirm that the Renter and Additional Permitted Driver is properly licensed for the class of vehicle, vehicle or towing length, or towing weight, and meets any other restrictions or qualifications that may be required (such as, CDL or other special licensure requirements). The Renter and Owner each understands that providing possession to anyone other than an Additional Permitted Driver may void or limit protection and coverages for damage and other liabilities.

Rental Fees and Charges

By entering into a confirmed booking, Renter expressly authorizes GoCamp to process a charge to the credit card(s) listed on file for all rental and claim-related charges due under these Terms, the Renter Policies, the Booking Details, and the applicable Rental Agreement. All rental fees, security deposits, and other charges (except variable fees and charges that are incurred during or after the rental, such as excess mileage fees, refueling fees, late fees, excess cleaning fees, tolls/violations, damage charges, etc.) must be paid before Vehicle pickup. Failure to pay all rental fees and other charges, including security deposit, may result in the cancellation of the Vehicle and forfeiture of Vehicle fees previously paid.

Condition of the Vehicle and Optional Add-Ons

You understand that third parties own the Vehicles and Add-Ons offered through the Services. Each Owner is responsible for complying with all legal requirements (including ensuring the Vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the Vehicle. If you find damage in your initial inspection, you should upload photos of the pre-existing damage at the start of the “Rental Period” to ensure you are not held responsible for pre-existing damage. (A “Rental Period” is defined as the period between the start time and the stop time for the rental of the Vehicle as reflected in the Booking Details. The Renter and Owner shall not modify the sharing period unless they provide GoCamp notice of the modification and GoCamp confirms the change in an amendment to the Booking Details.) If you find damage on your initial inspection and fail to report it, GoCamp, third-party administrators, or insurance partners, may assume that the damage occurred during your Rental Period. If, after your initial inspection, you believe that the Vehicle is not safe to drive, please do not use the Vehicle; instead, please contact GoCamp Customer Support immediately at 503-327-8512.

No Responsibility for Vehicles

You acknowledge that GoCamp is not responsible and will not be liable for the listing information provided by Owners, safety, roadworthiness, or legal status (e.g., whether the Vehicle is legally registered or the subject of a stolen vehicle report) of any Vehicles booked with GoCamp. Owners are required to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements. GoCamp makes every attempt to provide accurate listing information for each Vehicle and GoCamp is not responsible for outdated or inaccurate Vehicle information. The Renter shall verify all Vehicle information provided in the listing at the time of pick-up.

Safety and Use of Vehicle

Safety. Renters acknowledge that camper vans, motor homes, and other recreational vehicles can be very large and handle differently from passenger cars. Vehicles booked via the Services require more skill and expertise to operate safely than a passenger car. For example, the Vehicles may require more clearance above, in front of, behind, and beside them to safely operate, and the use of mirrors and direct visual verification are always required to maintain knowledge of the location of adjacent vehicles and obstacles on the roadway. Spotters are recommended to assist the driver in backing Vehicles. Owners acknowledge that it is their responsibility to inform Renters of the limitations of their Vehicle(s), including clearance heights and widths and other operating instructions. Renters also acknowledge that Owner has no control over the number of passengers a Renter may allow into the Vehicle or the conduct of those occupants while the Vehicle is being operated. Therefore, Renter acknowledges they are solely responsible for the passengers on board the Vehicle as well as the conduct of those passengers. Renters also acknowledge they will confirm that both driver and passengers are properly using seat belts (or child safety passenger restraint systems if applicable) while a Vehicle is in motion.

Renters agree to only operate a Vehicle Booked via the Services on public roadways with sufficient width and height clearance to allow the Vehicle to be operated safely and without damage. Under no circumstances may a Vehicle Booked via the Services be operated and used for off-road purposes. If a Vehicle is operated on a private road, Roadside Assistance may be unavailable or voided.

Prohibited Uses. Renters and Additional Permitted Drivers shall not drive in a careless, negligent, reckless or unlawful manner. Certain uses of a Vehicle and other actions Renters or Additional Permitted Drivers may take, or fail to take, are prohibited and will violate these Terms.

Each of the following is a prohibited use (“Prohibited Use”):

Renter uses or permits the Vehicle to be used: (1) by anyone other than an Additional Permitted Driver (2) to carry passengers or property for hire or more passengers than the Vehicle has seat belts to carry; (3) to tow or push anything, unless authorized in writing by Owner; (4) in a test, race or contest or off-road; (5) while the driver is under the influence of alcohol, any controlled substance, including any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a ‘Controlled Substance’), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; (6) for unlawful purposes or for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; (7) recklessly or while overloaded; (8) in a jurisdiction or to a location or event not permitted by Owner or GoCamp (e.g., into Mexico or attending an unauthorized festival such as Burning Man); (10) when it is reasonable to expect you to know that further operation of the Vehicle would damage it, such as by driving for extended periods on a spare tire, failing to address warning lights or other signals of malfunction; or (11) transporting pets or other animals (aside from service animals) without prior permission from the Owner.
Renter materially misrepresents the intended use or destination of the Vehicle.
The Vehicle’s awning is unrolled or used without prior permission from the Owner.
Anyone is on the roof of the Vehicle, regardless of whether the Vehicle is equipped with a ladder.
Renter or an additional driver, whether authorized or not: (1) fails to: (a) promptly report to GoCamp and Owner any damage to or loss of the Vehicle when it occurs or when Renter learns of it; and (b) provide GoCamp and Owner with a written accident/incident report; or (c) fails to cooperate with GoCamp’s investigation; (2) to the extent required by law, fails to report an accident to law enforcement; (3) obtained the Vehicle (or extended a Rental Period) through fraud or misrepresentation; (4) leaves the Vehicle and fails to remove the keys (or key fobs) or close and lock all doors and all windows and the Vehicle is stolen or vandalized; or (5) intentionally or with willful disregard causes or allows damage to the Vehicle.
Driving or operating the Vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text (SMS) messages.
Smoking or vaping any substance in the Vehicle without the Owner’s consent.
Placing signs or lettering on the outside of the Vehicle or placing loudspeakers or other sound equipment on the exterior of the Vehicle.

A PROHIBITED USE IS A VIOLATION OF THESE TERMS AND MAY: (1) RESULT IN TERMINATION OF A RENTER’S RENTAL BY GOCAMP OR OWNER; (2) BE AN EXCLUSION TO AND (TO THE EXTENT PERMITTED BY LAW) MAY RESULT IN THE VOIDING OF THE PROTECTION PACKAGE; (3) RESULT IN ADDITIONAL FEES AND CHARGES; AND (4) RESULT IN TERMINATION OF YOUR ACCESS TO THE SERVICES.

Responsibility for Damage to or Loss of a Vehicle

Regardless of fault, Renter (1) is responsible for any loss or damage to the Vehicle (including physical, exterior, and interior damage and missing equipment) that occurs during a Rental Period due to any cause, including collision, rollover, theft, vandalism, seizure, fire, flood, wind, hail or other acts of nature or God; and (2) is required to pay any damage or loss not covered by the Protection Plan, including without limitation, any applicable deductible. Renter’s responsibility for damage includes: (a) all physical damage to the Vehicle measured as follows: (i) if determined that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if determined that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus diminished value (which, subject to state law and policy terms and conditions, is measured by calculating the actual cash value of the Vehicle just prior to damage less the value of the Vehicle after repair); (b) loss of use and/or lost profits; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages. Renters and Owners should complete a walk-through of the Vehicle, noting any and all defects or damage prior to Renter’s pick-up and drop-off.

Renter and Owner, or an authorized representative of Owner, must document the condition of the Vehicle via photos up to 24 hours before the trip starts and no later than 7 days after the trip ends. This is a requirement for coverage provided under the Protection Plan. Departure and Return Agreements cannot be altered after signing without the express written consent and signing by both Parties. Any alterations made without the express consent of Renter or Owner may result in any claims being denied. GoCamp and Owner are not responsible for personal property left in the Vehicle. All damage to the Vehicle noted in the signed Return Agreement, which was not listed in the signed Departure Agreement is the sole responsibility of Renter. Renter shall reimburse the Owner for the cost of the repair of damage to the extent not covered by insurance maintained by GoCamp under the Protection Plan.
To the extent that a security deposit paid to Owner is insufficient to cover damages incurred by a Renter, Renter will pay Owner the difference via a qualified insurance policy or out of pocket if the damage is not covered under the insurance policy. Renter must report all accidents or incidents of theft or vandalism to the police as soon as discovered and to the Owner via GoCamp message, and provide a copy of the police report to Owner and GoCamp. Renter must report all accidents involving the Vehicle to Owner within 24 hours of the occurrence and provide a copy of the accident report to the Owner. In the event of vandalism or if damage occurred as a result of vandalism or a hit and run, no insurance claim can be processed without a police report. Owner must report all accidents involving the Vehicle to GoCamp within 24 hours of return of the Vehicle and provide supporting documentation such as photos, video, police report or statements.
If the Vehicle is returned to Owner outside of regular business hours, Renter remains responsible for any damage or theft of the Vehicle occurring before the Dealer’s acceptance of the return of the Vehicle during regular business hours, up to a limit of 24 hours. If Renter provides photos of the Vehicle at the time of drop-off that clearly indicate no damage sustained, GoCamp will make a determination as to whether subsequent claims are covered under the Protection Plan.

Liability and Protection

Any motor vehicle liability policy issued to Renter or Owner does not provide a defense or indemnification for any claims asserted by GoCamp.

Incident Reporting

You must immediately (and in any case, within 48 hours) report any damage to the Vehicle you are using to the Owner and to GoCamp via the Services. If there has been a collision or damage as a result of suspected criminal conduct, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide GoCamp or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by GoCamp, third-party claims administrators, or insurers. After an incident, you may not continue to use the Vehicle unless you have the explicit written permission from the Owner. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Roadside Assistance

Protection Plans provided through GoCamp do not include 24-hour roadside assistance. If the Renter does not have 24-hour roadside assistance, Renter is either responsible for all costs associated with not having this service or can purchase a 24-hour roadside assistance package from a third party provider referred by GoCamp at the time of Booking. Renter acknowledges that the 24-hour roadside assistance offered by the provider referred by GoCamp does not include towing in the case of an accident, irrespective of whether the Renter was at fault. Renter acknowledges that the 24-hour roadside assistance package offered by the provider referred by GoCamp allows for necessary towing of the Vehicle due to mechanical issues. Roadside assistance services are provided for an additional daily fee by a third party and are subject to the third-party’s terms and conditions, which are provided by the third party to you if you elect to purchase roadside assistance at the time of Booking.

Theft, Repossession, and Missing Vehicles

You agree that an Owner shall always have a superior right of possession of their Vehicle over a Renter. In the event that an Owner, in its sole and absolute discretion, determines that their Vehicle is at risk of damage or loss, the Owner is entitled to recover the Vehicle from the Renter regardless of the amount of time remaining in the Rental Period. If the Owner recovers a Vehicle from Renter, in addition to those costs payable pursuant to other parts of this Agreement and the applicable Rental Agreement, the Renter shall pay all costs associated with such recovery including employee wages, travel costs, fuel and repairs. The Renter will be wholly responsible for these charges, and the Owner will hold GoCamp harmless.

Tolls, Fines, Expenses, Costs and Administrative Fees. A Renter must report to the Owner and pay for all tolls and tickets (including for parking and moving or stationary traffic violations) incurred during the Rental Period. The Renter must pay or reimburse GoCamp and the Owner for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred during the Rental Period plus a reasonable administrative fee. GoCamp or an Owner may, in their sole discretion, pay all tickets, citations, fines, penalties and interest on a Renter’s behalf directly to the appropriate authority, and the Renter will pay GoCamp or Owner what was paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses incurred. In addition, you (as a Renter) agree and acknowledge that GoCamp and the Owner may cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required. You (as a Renter) authorize GoCamp to release credit/debit card and other information regarding your Booking(s) to any agent GoCamp may authorize to act on its behalf for the purpose of processing and billing Renter for any tickets, citations, fines and penalties incurred by you or assessed against GoCamp, an Owner or a Vehicle during a Rental Period plus a reasonable administrative fee. You authorize GoCamp’s agent to: (1) bill you directly to the credit/debit card used to book the Vehicle; and (2) contact you directly regarding any tickets, citations, fines and penalties incurred by you or assessed against GoCamp, the Owner or to a Vehicle while its was rented to you. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and GoCamp’s or the Owner’s administrative fees), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.

Property in the Vehicle. GoCamp and Owner are not responsible for loss of, theft, or damage to any property in or on a Vehicle, in any service vehicle, such as a transit van or bus, on GoCamp’s or Owner’s premises, or received or handled by them, regardless of who is at fault. Renter will be responsible to GoCamp and Owner for claims by others for loss or damage caused by Renter’s property.

SPECIFIC TERMS FOR OWNERS

Owner commitments

As an Owner, you commit that you will:

Provide a safe and legally registered and insured Vehicle, with current license plates, with a clean (non-washed/non-written off) title, and in good mechanical condition.
Provide the Vehicle on time but only to a Renter who is listed on the Services as Permitted Driver for the trip.
Other than what is required for you to verify a Renter’s driver’s license, you will not collect any information or documentation from your Renter at check-in, including Renter personal auto insurance.
Provide complete and accurate Listings, and that you will honor all representations made in your Listings, including honoring the price quoted to a Renter. You will not cancel a Booking for the purpose of seeking a higher price from a Renter.
Provide eating, cooking, camping, and sleeping supplies for Renters at no additional cost. (GoCamp will provide you with a sample list of recommended items.)
Not offer any vehicle or optional Add-Ons that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, a lease or financing agreement. If your Vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your Vehicle via the Services does not violate the terms of the contract with the lienholder.
Not offer any Add-On that is not safe, clean, and acceptable for the use it is intended. You will not offer any Vehicle that is the subject of a missing or stolen vehicle report.
Modify Listings as soon as possible to reflect any changes in the features and equipment offered in your Vehicle.
Not List any Vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. If you receive a safety recall notice while the Vehicle is in use by a Renter, you must notify GoCamp as soon as practicable (and no later than 48 hours after receiving notification).
Not offer a Vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the Vehicle. When you direct GoCamp to retrieve your account information from third parties, including toll agencies, you grant us a limited power of attorney to access the third-party services to retrieve such account information; GoCamp will be acting as your agent and will not be acting on behalf of the third party.

Maintenance

Owner is responsible for checking all fluid levels (e.g., oil and coolant), air tire pressure, lug nuts and wheels immediately prior to trip departure and must complete a safety inspection within 90 days prior to each Rental Period. Should a breakdown or tire blowout occur due to lack of maintenance, wear and tear or manufacturer defect, Owner acknowledges their claim may be denied. GoCamp reserves the right to request inspection and maintenance records dated within 90 days of the start of the booking and performed by a certified mechanic. Owner acknowledges that a claim or dispute may be denied if there are missing or insufficient maintenance records.

Pricing, earnings, and payments

You will have the ability to set and revise the Vehicle’s pricing as you choose. GoCamp will pay you the amount collected from Renters that book your Vehicle, less the applicable fees payable to GoCamp. A description of fees can be found in the Owner Policies. To the extent you owe GoCamp money for any reason, GoCamp also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Reporting Vehicle Damage

If you believe that a Renter has caused any damage to your Vehicle, you must report that damage as soon as you become aware of it (no more than 48 hours after the scheduled end of the Rental Period) and provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, GoCamp or third-party claims administrators will reasonably determine whether the damage occurred during the Rental Period and is eligible for coverage. If it was, you will be reimbursed for the loss as described in the sections below. If GoCamp is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by GoCamp or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.

Auto Liability Insurance and Legal Liability Protection

Your personal motor vehicle liability insurance policy may or may not provide coverage for shared or rented vehicles, such as those Listed on the Services, and you should confirm whether renting or sharing your Vehicle(s) is a violation of your personal motor vehicle insurance policy. The insurance maintained by GoCamp under the Protection Plan only applies to Listed Vehicles during the sharing period. Any motor vehicle liability policy issued to you does not provide a defense or indemnification for any claims asserted by GoCamp.

Completion of Departure Agreements

At the time that the Renter accepts the Vehicle, Renter and Owner, or authorized representative of Owner, will complete and sign the Departure Form for the Vehicle, noting in writing and/or time stamped photos, digitally or electronically, any and all defects or damage to the Vehicle before Renter’s acceptance of same.

Physical Damage to Your Vehicle

The Renter is responsible for any minor damage that might occur during the Rental Period (dings to the windshield, minor dents and scratches, flat tires, etc.). The Renter is also responsible for covering the costs of any major damage due to accidents, collisions, theft, or other non-mechanical issues that might arise. Major damage during the sharing period is typically covered by GoCamp’s insurance policy as provided under the Protection Plan. GoCamp’s comprehensive and collision insurance policy has a $2,500 deductible that is the renter’s responsibility.

Dispute resolution for disputes between you and GoCamp

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND GOCAMP HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute Resolution provision.

Pre-arbitration dispute resolution and Agreement to Arbitrate.

Should a dispute, claim, or controversy arise between us, you and GoCamp agree to notify the other party of the nature of the dispute or claim before initiating arbitration, and the parties will 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 us by email at letsgo@gocamp.com. If you have a dispute, please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from GoCamp. If the parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the parties are in agreement to arbitrate. The party desiring to pursue arbitration agrees to notify the other party via email of such desire and intent to initiate an arbitration. To initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) as set forth below, pursuant to the AAA’s Consumer Arbitration Rules. A Demand for Arbitration form for initiating arbitration proceedings is available on AAA’s website (https://www.adr.org/consumer). Any settlement offer made by you or GoCamp shall not be disclosed to the arbitrator. For purposes of this agreement to arbitrate, “disputes,” “claims,” and “controversies” have the broadest possible meaning that will be enforced and includes any and all disputes and/or claims that arise out of or in any way relate to your relationship with GoCamp, including: (1) your use of the Services, (2) the Agreement, these Terms and/or this agreement to arbitrate, including the interpretation, validity, enforceability, or scope of this agreement to arbitrate, (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or renting or sharing a Vehicle), or (4) the agreement to arbitrate itself. Through this agreement to arbitrate, and subject to the below exceptions, the parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the parties entered into this agreement to arbitrate.

Applicable law.

This agreement to arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of AAA, as applicable (see “Arbitration Procedures” below). To the extent state law is applicable to the agreement to arbitrate, the Parties agree that the substantive law of the State of Alabama will apply, without regard to its conflict of law provisions.

Exceptions to Agreement to Arbitrate

The only exceptions to this Agreement to Arbitrate are as follows:

Disputes or claims that can be brought in small claims court
Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the parties agree that any court proceedings will be stayed pending the final resolution in arbitration of any arbitrable claims or issues
Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the parties agree that any such court proceedings will be stayed pending the final resolution in arbitration of any arbitrable claims or issues

Arbitration procedures.

The arbitration will be conducted by AAA in accordance with its Consumer Arbitration Rules in effect at the time a claim is made. Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this agreement to arbitrate.

Costs of arbitration.

The party initiating the arbitration will be responsible for the initial filing fee, and each party will pay its own arbitration fees consistent with the rules set by AAA.

Severability.

With the exception of the provisions in the below section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of the agreement to arbitrate is invalid or unenforceable, the other parts of the agreement to arbitrate will still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure.

IF YOU ARE A NEW GOCAMP USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@GOCAMP.COM (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON GOCAMP AS A RENTER OR OWNER, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your GoCamp Account to letsgo@gocamp.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Jefferson County, Alabama.

Future amendments to the Agreement to Arbitrate.

Notwithstanding any provision in these Terms to the contrary, the Parties agree that if GoCamp makes any amendment to the agreement to arbitrate in the future, that amendment will not apply to any claim that you filed against GoCamp before the effective date of the amendment. The amendment will apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between the parties. If you do not agree to the amended terms, you may close your account within 30 days after our posting or notification, and you will not be bound by the amended terms. However, you and GoCamp will arbitrate any dispute in accordance with the provisions of the agreement to arbitrate 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 GoCamp, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration.

Unless the parties agree otherwise, if the agreement to arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the agreement to arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the agreement to arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Jefferson County, Alabama. The parties agree to submit to the personal jurisdiction of a state court located in Jefferson County, Alabama or a United States District Court for the District of Alabama located in Jefferson County, Alabama. The parties agree that the substantive law of the state of Alabama will apply to any such claim or dispute without regard to conflict of law provisions.

Prohibition of class and representative actions and non-individualized relief.

THE PARTIES 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, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR 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 COURT OR 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, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

GENERAL PROVISIONS

Links to Other Sites

The Site may contain links to or from third-party sites (“Linked Sites”). These links are provided for convenience and GoCamp has no control over the content of Linked Sites, and GoCamp does not assume any obligation to review Linked Sites. GoCamp does not endorse, approve, or sponsor any Linked Sites, or any content, information, or other items on or available on or from them, and GoCamp disclaims all liability in connection therewith. Any activity you engage in on or in connection with a Linked Site is subject to the terms and conditions of the Linked Site and GoCamp disclaims all liability in connection therewith.

Copyright Claims

GoCamp will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting on the Site, then send GoCamp a written notice that includes all of the following:

a legend or subject line that says: “DMCA Copyright Infringement Notice”;
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright Owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright Owner (or, if you are not the copyright Owner, then your statement must indicate that you are authorized to act on the behalf of the Owner of an exclusive right that is allegedly infringed); and,
your electronic or physical signature.

GoCamp will only receive DMCA notices by mail or email, or facsimile directed to GoCamp’s Designated Agent at the addresses below:

By Mail:

109 West Park Drive

Birmingham, AL 35211

letsgo@gocamp.com

Disclaimers

IF YOU CHOOSE TO ACCESS THE SITE OR USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GOCAMP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOCAMP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GOCAMP MAKES NO WARRANTY THAT THE SERVICES AND COLLECTIVE CONTENT, INCLUDING, THE LISTINGS OR ANY VEHICLES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GOCAMP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VEHICLES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOCAMP OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT GOCAMP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY VEHICLES. GOCAMP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GOCAMP.

Limitation of Liability

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Site or Services or other third parties will be limited to a claim against the particular party or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from GoCamp with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others using the Site or Services regarding any Listings or Bookings.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to the Site and use of the Services, including any Listing or Booking of and use of any Vehicles via the Services, and any contact you have with others through the Site or Services whether in person or online remains with you.

GOCAMP IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, 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 THE SITE OR SERVICES OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY VEHICLE VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT GOCAMP 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.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOCAMP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES INCLUDING FROM YOUR LISTING, BOOKING OR USE OF ANY VEHICLE VIA THE SITE OR SERVICES, OR FROM THE INABILITY TO USE THE SITE OR SERVICES, OR IN CONNECTION WITH ANY VEHICLE OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE OR SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (OR ONE HUNDRED DOLLARS ($100), 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 GOCAMP AND YOU.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Indemnification

GoCamp is not responsible for any loss, damage, or injury to: (1) Renters or Owners; (2) any Vehicle rented through the Services; (3) passengers in a Vehicle rented through the Services; (4) Add-Ons or other Vehicle equipment; and/or (5) third parties and their property, except that GoCamp assumes liability of the Owner in connection with the use of the Vehicle during the Rental Period for damages for bodily injury and property damage to third parties and underinsured motorist or personal injury protection losses in an amount not exceeding the minimum insurance coverage requirements in the applicable jurisdiction (but only to the extent the liability is not covered by GoCamp’s insurance policy) and Gocamp shall not have any such liability if the Owner makes an intentional or fraudulent material misrepresentation to GoCamp prior to the applicable Rental Period or the Owner acts in concert with a Renter who fails to return the Vehicle as required under the Rental Agreement.

You agree to release, defend, indemnify, and hold GoCamp and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, reasonable legal and accounting fees, arising out of, related to, or in any way connected with (a) your access to or use of the Site or Services or your violation of these Terms; (b) your content; (c) your interaction with any user of the Site or Services, (d) your Listing, Booking, or use of a Vehicle, (e) your use, condition, or renting of a Vehicle, including, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Listing, Booking or use of a Vehicle.

Violations; Termination of Access.

GoCamp has the right, but not the obligation, to investigate, pursue, and litigate or refer to law enforcement, violations of the Services to the fullest extent permissible by the law.

GoCamp reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that GoCamp, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing GoCamp, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your GoCamp Account and access to the Services, remove your content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts or credits, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Termination

You may discontinue your use of the Services at any time and GoCamp may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release you, another Owner or Renter, or GoCamp from any obligations incurred prior to the termination and GoCamp may retain and continue to use any information, including photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

We May Discontinue the Services

GoCamp reserves the right to change, suspend or discontinue any of the Site or Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Site or Services may have on you, including your income or your ability to generate revenue through the Site or Services.

Not a rental company

GoCamp is not a rental company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. GoCamp also is not providing short- or long-term vehicle leases. GoCamp provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Severability; Survival

The Terms survive termination of your agreement with GoCamp. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Information

If you have any questions about the Terms, please contact us at: 428 Industrial Lane Birmingham, AL 35211; email: letsgo@gocamp.com; telephone: 503-327-8512.