Terms of Service - Texas Park Outfitters - Austin

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: January 16, 2019

TERMS OF SERVICE

Texas Park Outfitters LLC (TPO) provides a service that allows Users to rent campsite equipment and pay for setup services (collectively, the "Services"), which Services are accessible at http://www.TexasParkOutfitters.com and any other websites through which TPO makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and TPO. Please also read carefully our Privacy Policy.. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH USERS MAY RENT CAMPSITE EQUIPMENT AND PAY FOR SETUP SERVICES. YOU UNDERSTAND AND AGREE THAT TPO IS NOT RESPONSIBLE FOR YOUR HEALTH OR SAFETY WHO VISIT STATE PARKS AND USE TPO EQUIPMENT, INCLUDING ALL STOVES, PROPANE, TENTS, COOKING UTENSILS, SLEEPING BAGS, AND OTHER CAMPING EQUIPMENT WHICH MAY BE OFFERED BY TPO. WE DO OUR BEST TO MAINTAIN THIS EQUIPMENT BUT ARE IN NO WAYS RESPONSIBLE FOR INJURY OR DEATH CAUSED BY EQUIPMENT USE. TPO LLC DISCLAIMS ALL LIABILITY IN THE ABOVE MATTERS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

"TPO Content" means all Content that TPO makes available through the Site, Application, or Services, including any Content licensed from a third party

“Booking” means a Reservation of TPO Services for a specific date within the Parks that TPO operates in

"Collective Content" means Member Content and TPO Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"Customer" means a person who uses TPO’s rental and campsite setup services, including but not limited to anybody within the party responsible for engaging TPO’s service

“Date of Service” means the date you reserve for our campsite setup and equipment rental services

“Equipment” means TPO’s equipment that is setup at your campsite including tents, coolers, stoves, propane tanks, utensils, sleeping bags, mats, and other equipment that may be necessary for camping.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.

“Property” means Texas State Park lands and campsites

“Services” means the equipment and campsite setup that TPO provides to our Customers as part of our service offering.

"Tax" or "Taxes" mean any sales taxes, goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, campsite or lodging taxes, fees that campsite providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

"User" means a person who uses TPO’s rental and campsite setup services, including but not limited to anybody within the party responsible for engaging TPO’s service

General Overview

This website is operated by Texas Park Outfitters, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Texas Park Outfitters, LLC. Texas Park Outfitters, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.

Any new features or tools which are added to the current store shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Online booking terms

By agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your services.

General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Modification

TPO reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services allows Customers to rent camping Equipment which will be setup by TPO as part of the rental service. Users may view and pay for TPO camping packages and rental services without registering as a user.

As stated above, TPO makes available a website and service whereby Customers can rent and pay for camping Equipment and campsite setup services. TPO is not an owner or operator of Texas State Park lands or campsites, nor is it a provider of campsites and TPO does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control campsites or transportation or travel services. Unless explicitly specified otherwise in the TPO platform, TPO's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) delivering and setting up the rental Equipment to be used by Customers of TPO visiting Texas State Park Lands, which TPO is not an owner of. TPO assumes no liability for Users health or safety within or outside of Texas State Parks.

Registering Your Account

In order to access certain features of the TPO services you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Third-party links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Service

These Terms of Use shall govern any Service provided or offered by TPO. In addition, separate terms and conditions may apply to Property (defined above) you book, including policies that are set by the applicable entity that owns or manages such Property ("Property Rules"). These Property Rules can be found at the Texas Parks and Wildlife Department’s website OR at Texas State Parks.

Equipment Rental and Campsite setup

As a Customer, you may pay for our campsite setup and equipment rental services. To use TPO’s services, you will be asked to select an equipment package, location you would like to camp, and a date for your setup. TPO’s equipment packages and services are made available via the Site, Application and Services. Once you complete your reservation for TPO’s services, you will receive a confirmation email detailing your order. You will need to provide to TPO your Texas Parks campsite reservation number so that TPO can confirm your reservation and setup location. TPO contractors will have your equipment delivered and setup at your campsite on the day of your arrival. After you leave the campsite, TPO contractors will take down all equipment. By using TPO’s services, you understand that your credit card on file will be billed for all damages beyond normal use and wear.

Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Promotions

From time to time, TPO may elect to run or otherwise make available promotional offers, deals and/or codes for Customer use. Unless otherwise indicated on the Website, TPO may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Website or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Website.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Property Terms and Conditions

As a Customer, you will comply with all applicable Property Rules and Regulations, and laws, rules, regulations, and local ordinances, which are Supplemental Terms for any use of our Services. Use of any Property will be subject to: (i) availability of the Property; (ii) payment of all fees and charges incurred in reserving and/or using the Property; and (iii) compliance with the terms and conditions and/or Property Rules and regulations. You understand that a violation of Property Rules may result in cancellation of your use of TPO’s Service(s), in your being denied access to future TPO Service(s). You hereby authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any Property damage or physical injury you cause).

Damage to Property

As a Customer, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property. You agree that we are authorized to immediately charge your Account for all fees, damages and charges due and payable to TPO hereunder and that no additional notice or consent is required.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR ASSOCIATES ALONE ARE RESPONSIBLE FOR ANY AND ALL DAMAGE TO TPO EQUIPMENT/PROPERTY, TEXAS PARKS AND WILDLIFE STATE PARK PROPERTY, INJURIES AND/OR DEATH THAT MAY OCCUR DURING YOUR USE OF TEXAS STATE PARK CAMPSITES AND/OR TPO EQUIPMENT AND SERVICES.

TPO IS ALSO NOT RESPONSIBLE FOR THE HEALTH, SAFETY OR BEHAVIOR OF ANY PERSON(S) AS A RESULT OF YOUR OR THEIR ENGAGEMENT WITH (OR USE OF) TPO’S SITE, TEXAS STATE PARKS, TPO SITE/APPLICATION, SERVICES, EQUIPMENT, EMPLOYEES OR ANY OTHER PRODUCT OR PERSON ASSOCIATED WITH TPO.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL TEXAS PARK OUTFITTERS, LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Texas Park Outfitters, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
access or use our Site, Application, Services or the TPO API to use, expose, or allow to be used or exposed, any TPO Content: (i) that is not publicly displayed by TPO in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the TPO Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of TPO's users or any other third party;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application 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 credit, debit, calling card or account numbers; use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

Privacy

You agree that TPO’s Privacy Policy (as may be updated from time to time) governs TPO's collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by current and pending copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of TPO and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

TPO Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, TPO grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TPO Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TPO or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to TPO a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. TPO does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to TPO the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TPO's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the 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.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of TPO used herein are trademarks or registered trademarks of TPO. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at [email protected], or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of TPO and you hereby irrevocably assign to TPO and agree to irrevocably assign to TPO all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At TPO's request and expense, you will execute documents and take such further acts as TPO may reasonably request to assist TPO to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

TPO respects copyright law and expects its users to do the same. It is TPO's policy to terminate in appropriate circumstances the TPO Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Suspension, Termination and TPO Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your TPO Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your TPO Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your TPO Account, your Member Content, or receive assistance from TPO Customer Service. You may cancel your TPO Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your TPO Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Acknowledgement of Risks

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATION IN OUTDOOR ACTIVITIES AVAILABLE TO YOU AT TPO CAMPSITES. THESE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO: UNEVEN, LOOSE AND/OR SLIPPERY TERRAIN; UNMARKED NATURAL AND MANMADE HAZARDS; DROWNING; STEEP GRADES; DANGEROUS AND RAPIDLY CHANGING WEATHER CONDITIONS (E.G., LIGHTNING, HIGH WINDS, EXTREME HEAT AND COLD, HEAVY RAIN AND FLASH FLOODS); FOREST FIRES; DELAYED EMERGENCY MEDICAL RESPONSE; DANGERS ARISING FROM THE USE OF CAMPSITE EQUIPMENT; WILDLIFE (E.G., SNAKES, BEARS, RACCOONS, COYOTES, TICKS AND BEES); AND CONTACT WITH AND/OR CONSUMPTION OF ANIMAL PRODUCTS, VEGETATION, WATER AND OTHER SUBSTANCES FOUND ON AND AROUND THE CAMPSITE.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between TPO and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Campsites made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TPO and you regarding bookings or listings of Campsites, the Site, Application, Services, and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without TPO's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TPO may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located Austin, Texas or a United States District Court located in Texas for any actions for which the parties retain 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, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and TPO agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, 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. You acknowledge and agree that you and TPO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TPO otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Severability

In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Changes to terms of service

You can review the most current version of the terms of service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

Questions about the terms of service should be sent to us at [email protected]

Contacting TPO

If you have any questions about these Terms or any App Store Sourced Application, please contact TPO at [email protected] or by physical mail: 1100 Baylor St. Apt. A., Austin, TX. 78703