This terms of services agreement (this “Agreement”) is a binding agreement between you (“you”) and RVbyMilitary.com (“Company” or “RVbyMilitary”). This Agreement governs your use of the RVbyMilitary application (including but not limited to all related documentation and https://rvbymilitary.com/ (the “Website”)  and/or mobile app-based application (collectively, “RVbyMilitary Platform”), which is licensed, not sold, to you in accordance with the terms of this Agreement.

TERMS FOR ALL USERS

USER TYPES AND REQUIREMENTS

Use Limited to Defined Users.  In using the RVbyMilitary Platform, you will be either Customer or a Veteran all of which are defined exclusively as follows: A “Customer” is a User that utilizes the Website to seek a van, RV, motor home, camper, or other similar vehicle (collectively, “Accommodations”) to rent for a specific period of time. A “Veteran” is an owner of an Accommodation looking to provide rentals of their Accommodation and is also a US military veteran, active US military person (including in the national guard), or a US military reserve person.  “User” means you and any other person or entity using the RVbyMilitary Platform.

User Verification/Acknowledgement.  Regardless of how you are defined as a user, by clicking I AGREE, you (A) acknowledge that you have read and understand this Agreement and the privacy policy at [LINK] (“Privacy Policy”); (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER and/or of the legal age to enter into a binding agreement, AND (C) accept this Agreement and agree that you are legally bound by its terms and any updates that may occur from time to time. By accessing or using the Website, you confirm your agreement to be bound by this Agreement and any updates to this Agreement in accordance with the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR CAN NOT MAKE THE REPRESENTATIONS AND WARRANTIES, YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST STOP YOUR USAGE OF THE WEBSITE IMMEDIATELY. This Agreement supersedes any prior agreements or arrangements with you regarding the usage of the RVbyMilitary Platform.

Account Creation and Verification. To use the RVbyMiitary Platform as a Customer and/or Veteran, you have to create an account. You agree to treat your account username and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

RVbyMilitary has the right to disable any username, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if you are or have violated any provision of this Agreement in our opinion. 

You may be subject to a review process at any time you attempt to and/or actually use the RVbyMilitary Platform, which may include but is not limited to identity and military service verification using third-party services as appropriate (“Military Service Checks”). You represent and warrant all information you provide the Company is accurate and truthful. Although RVbyMilitary may perform Military Service Checks, RVbyMilitary cannot confirm that any User is whom they claim to be or have the military service experience they claim to have. Therefore, RVbyMilitary cannot and does not assume any responsibility for the accuracy or reliability of the Military Service Checks.

Account Deletion. You may request for your account to be deleted at any time. The Company may keep records of your account, such as your information, what Stays or Listings you participated in, what payments were made to you, or other payment information. All records kept of your account will adhere to RVbyMilitary’s Privacy Policy.

RVBYMILITARY SERVICES

Listing. Any Users that are Veterans are able to list Accommodations on the RVbyMilitary Platform for rent by other Users. Veterans can provide descriptions of their Accommodations, when the Accommodations are available, how much it costs to rent the Accommodation, and supplement their Accommodations with addition items and services, for example, fire hits, bicycles, water sporting equipment, guided hiking,  and other similar items and experiences (“Add-ons”) (collectively, a “Listing”). All Users listing an Accommodation represent and warrant all information provided to RVbyMilitary is accurate and truthful and represent and warrant i) they own the Accommodations and Add-ons being provided and are Veterans; and/or ii) are an agent of the owner of the Accommodations and Add-ons who are a Veteran and agreed for their property to be listed on RVbyMilitary Platform and have written proof of such agency.

In addition, all Users creating a Listing for an Accommodation represent and warrant that any Listing, and booking of, or Customer use of, the Accommodation or Add-on (i) will not breach any agreements the Veteran has entered into with any third parties (including but not limited to the User’s insurance policy for the Accommodation and/or Add-on), (ii) is in compliance with all applicable state, municipal and federal laws, tax requirements, and rules and regulations that may apply to the Accommodation, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of RVs and short-term rentals, and (iii) not conflict with the rights of third parties.

Booking. Customers can use the RVbyMilitary Platform to request through a Listing to book a specific Accommodation for a specific amount of time (a “Stay”). The cost of a Stay shall be provided by the Veteran and visible on the RVbyMilitary Platform on the Listing. All Users requesting a Stay that is a vehicle represent and warrant they are over the age of twenty-five (25).

When you book or request a Stay as a Customer, you will be asked to provide us with certain additional information about yourself, and based on the information you provide, RVbyMilitary may require you to meet additional criteria and provide additional information to book a Stay (e.g., providing personal insurance information, providing a security deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). You represent and warrant all information you provide through the RVbyMilitary Platform is accurate and truthful.

Upon requesting to book a Listing, you agree to pay all fees, including the cost of the Listing, taxes, and any other charges identified during checkout (“Fees”). After requesting a Stay, the Veteran (person who created the Listing) has forty-eight (48) hours to confirm your booking or deny your request.  [M1] [M2] A booking contract is formed between you (as the Customer) and the Veteran (the person who created the Listing) once you receive the booking confirmation (“Booking”). RVbyMilitary is not a party to the Booking. You will be responsible for complying with all terms of the Booking, including the cancellation policy, rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Booking. As the Customer, it is your responsibility to read and understand these rules, standards, policies, and requirements before requesting a booking of a Listing.

Users agree to use the RVbyMilitary Platform to make any modifications to a Booking and to make any additional payments required by such modifications. Any modification not made through the RVbyMilitary Platform are void.

Stay. The Veteran shall determine the time, place, and method of providing a Customer access to the Accommodations (so long as the time of access begins at the time stated in the Booking) (“Exchange”). Veteran agrees to communicate with Customer and work collaboratively so that the Exchange is not unduly burdensome on the Customer. Veteran can be present during the Exchange or can provide the Exchange through remote means (for example lock boxes on the Accommodation). RVbyMilitary recommends the Veteran be present to provide an in person run through of the Accommodation and go through the Pre-Departure Checklist with the Customer.

Veterans are responsible for verifying that a prospective Customer has a current, valid driver’s license before you provide the renter your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle matches the photograph on a facially valid driver’s license. Veterans agree you will only transfer possession of the vehicle to a verified driver whose status you also commit to confirming at the moment of transfer of possession. Veterans understand that they alone make the ultimate decision on whether a Customer or verified driver or anyone else requesting possession of the vehicle pursuant to a booking is trustworthy and whether to provide such possession of the vehicle at the Exchange.  This includes the Veteran’s responsibility to confirm that the Customer and/or verified 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 (e.g. CDL or other special licensure requirements).

Customers are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone they invite to join or provide access to the Stay, including any Add-on. This includes leaving the Accommodation (and related personal property) in the condition it was in when they arrived, paying all damage claim amounts necessary to cover damage caused by themselves, their Customers, or any pets, and acting with integrity, treating others with respect, and complying with applicable laws at all times. If the Customer allows a minor to access the Accommodation, including use of any Add-on, the Customer must be legally authorized to act on behalf of the minor, and the Customer is solely responsible for the minor’s supervision.

Each Stay may carry inherent risks, and Customers agree that they assume the entire risk arising from their access to and use of the Stay to the maximum extent permitted by applicable law. This means that it is the Customer’s responsibility to investigate the Accommodation and determine if it is suitable for them and the other persons in their group.

Customers acknowledge that many activities and Add-ons carry inherent risks, and they assume the entire risk arising from their access to and use of any Add-on to the maximum extent permitted by applicable law. Customers are responsible for confirming that they and the other persons in their group meet any minimum age, proficiency, fitness, or other requirements to use an Add-on. Add-ons may carry a risk of illness, bodily injury, disability, or death, and the Customer freely and willfully assumes those risks by choosing to participate in them. Customers are solely responsible for the conduct and safety of the other persons in their group at the Accommodation, including the use of Add-ons. Before inviting the other persons to the Accommodation, Customers must inform them that the Customer is solely responsible for their safety, and RVbyMilitary.com disclaims any responsibility.

Payment. Users that have a Booking through the RVbyMilitary Platform shall pay the Fees prior to the time of the Stay. RVbyMilitary provides multiple payment options at the checkout of a Stay request, and You are responsible for making timely payment at the times chosen at checkout. When you provide a payment method to RVbyMilitary, You authorize the Company, including its third-party service providers to store payment credentials for charging the Fees in relation to Booking, for future use in the event that the Customer owes RVbyMilitary.com money, and for charging costs of damages and cleaning due to your Stay. Stored payment credentials may be used for the Fees, including but not limited to Booking costs, taxes, and related administrative fees.

You must update all changes to your credit/debit card and billing information immediately by logging into your account at https://RVbyMilitary.com. If you do not update your credit/debit card information and RVbyMilitary is unable to charge your credit card or withdraw funds from your debit card for the amount due on your RVbyMilitary account, you may be subject to applicable late fees, returned item charges, or any fees or charges assessed by your financial institution. RVBYMILITARY SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.

Security Deposits When using RVbyMilitary Platform, Customers may be required to pay a security deposit which will be charged to the credit card linked to their account. The security deposit is intended to cover any damages caused during the rental period and will not cover other fees such as cleaning fees or late fees. RVbyMilitary will try to obtain pre-authorization for the security deposit prior to the Stay and will also assist Veterans with any claims related to security deposits. However, RVbyMilitary does not have a duty to administer any claims related to security deposits and will not be held liable in this regard.

Taxes. The responsibility for the collection, remittance, and reporting of taxes from Bookings lies solely with the Users. RVbyMilitary may assist in the collection and remittance of certain taxes in certain jurisdictions, and any taxes collected by RVbyMilitary will be visible on Booking-related documents and invoices. Veterans may only collect legally required taxes in the relevant jurisdiction and no other taxes or fees. You agree it is your responsibility to ensure that you have paid all necessary taxes.

Cancellation. RVbyMilitary has the right to cancel any Booking, including those requested, confirmed, or on-trip, at any time and for any reason, as determined by RVbyMilitary.com in its sole discretion. In the event of cancellation, certain fees may still be owed by the Customer and/or the Veteran, depending on the reason for cancellation. RVbyMilitary.com may cancel booking requests and Bookings if a Veteran is unresponsive or if there is no verified driver on the day of the Booking.

If a Customer cancels a requested booking before it is confirmed by a Veteran, RVbyMilitary.com will refund any nominal amounts charged to the Customer’s credit card in connection with the Booking. If a confirmed Booking is cancelled, the owner’s cancellation policy contained in the Booking contract will apply, and RVbyMilitary’s ability to refund any amounts charged to the Customer will depend on the terms of the applicable Veteran cancellation policy. If the Customer fails to show up for the Exchange at the agreed-upon rental start time, it will be treated as a Customer cancellation and subject to the Veteran’s cancellation policy.

If a Veteran cancels a confirmed Booking, RVbyMilitary will refund the Fees for the Booking to the Customer within a reasonable time, and the Customer may receive an email or other communication from RVbyMilitary confirming the cancellation. If a Veteran cancels a Booking and the Customer does not receive an email or other communication from RVbyMilitary, the Customer should contact the support team via a support ticket. If the Veteran fails to show up for the Exchange at the agreed-upon rental start time, it will be treated as a Veteran cancellation.

Agreement of Limited Purpose, License, and Use. RvbyMilitary Platform provides a digital marketplace platform that is accessed in many forms, including through mobile devices and/or web interfaces that allow Users to list their vehicle or accommodations to be rented by others and allow Users to request to rent and rent the listed accommodations or vehicles. RVbyMilitary provides the RVbyMilitary Platform in order to connect Veterans and Customers. RVbyMilitary does not own, manage, control, or offer any listing. You acknowledge and agree that RVbyMilitary is not a party to any agreement or booking made between you and a Veteran and agree RVbyMilitary is not a vehicle broker, agent, insurer, travel agency, or real estate broker. RVbyMilitary expressly disclaims all liability related to the conduct of Veterans, Customers, or other Users of the RVbyMilitary Platform.

To access and use the RVbyMilitary Platform subject to the limited and specific terms described herein, RVbyMilitary grants you a limited license to use the RVbyMilitary Platform for the purposes set out in this Agreement.

You acknowledge that your ability to request, and if applicable, obtain or perform Stay Services, in connection with your use of the RVbyMilitary Platform does NOT establish RVbyMilitary as the requestor or provider of the Stay Services or any real estate services. RVbyMilitary does not request or provide Stay Services but instead is merely the provider of the Website.

ACCOMMODATION TERMS

Accommodation Safety. You represent and warrant that all Accommodations and Add-ons provided on your Listings are safe, up to date on any required maintenance, and up to date on any legal requirements, and you do not know of any defects or issues with the Accommodations and Add-ons that would make the Accommodation and Add-ons unsafe for the purposes described in your Listing.  Veterans must regularly check their Accommodations for defects in operations or safety and agree to have Accommodations inspected every 90 days while keeping detailed records of these inspections. This includes inspecting brakes, tires, and LP gas systems, among other things. For each rental, the tires must have a minimum of fifty percent (50%) tread wear or greater.

RVbyMilitary is not responsible for the safety, legal status, or roadworthiness of any Accommodations or Add-ons. If you are a Veteran and create a listing, you understand you are solely responsible for the safety, legal status, or roadworthiness of any Accommodations or Add-ons you provide Listings for, and you agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to the safety, legal status, or roadworthiness of your Accommodations or Add-ons.

You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the RVbyMilitary Platform. You must maintain your own auto insurance policy for any vehicle you list on the the RVbyMilitary Platform and such policy must meet any minimum insurance levels required by law. You agree to provide the RVbyMilitary with information regarding your auto insurance policy as may be requested and to keep such information up to date.

Inspection. Within 24 hours prior to the Exchange, Veteran is responsible for completing a full inspection of the Accommodation and detailing with photograph evidence the condition of the Accommodation on the provided pre-departure form and submit the pre-departure form on the RVbyMilitary Platform (“Pre-Stay Inspection”). Customer is also required to complete a full inspection of the Accommodation, including photographic evidence, and submit on the RVbyMilitary Platform the pre-departure form before departing after the Exchange (“Pre-Departure Checklist”). RVbyMilitary may require any photographic evidence be submitted with each Pre-Stay Inspection or Pre-Departure Checklist.

Within 48 hours after the Stay of the Customer ends, the Veteran is responsible for completing a full inspection of the Accommodation and detailing with photograph evidence the condition of the Accommodation(“Post-Stay Inspection”). The Veteran must inform RVbyMilitary of any defect or damages claim within 48 hours after the Stay of the Customer ends. RVbyMilitary may require the Veteran to provide photographic proof of any defects or damages and evidence fo the costs to repair such defect or damage. Any defects or damages claimed by the Veteran that were not listed in the Pre-Stay Inspection are the sole responsibility of the Customer, and the Customer shall reimburse the Veteran for the cost to repair the damage or defect.

RVbyMilitary recommends Customers perform their own inspection upon the Exchange and document the inspection with photograph evidence.

Customer Responsibilities for Accommodations. If you Book a Stay, you agree to not allow anyone who is not listed in the trip details as a verified driver to drive, operate, or move the Accommodation and to follow any requirements set out in the Listing. Your insurance is primary regarding all claims and liability related to the Vehicle during the rental period. Once the Exchange has occurred, you, the Customer, are responsible for all verified drivers and third parties impacted by your usage of the Accommodations, including but not limited to issues that arise from clearance difficulties and requirements to stay under the speed limit of 55 miles per an hour. You agree that you and all licensed drivers are legally licensed in the United States to drive the Accommodation. You agree to use the Accommodation for only personal use and not for any commercial purposes. Upon request by the Veteran or the Company, you agree to provide a copy of your and all verified driver’s current and valid driver’s license. You agree as a Customer to check fluid levels, including but not limited to oil and coolant levels, and inspect air tire pressure, lug nuts, and wheels at least at each refueling.

You agree to wear a seat belt, ensure all passengers and verified drivers wear a seat belt, to follow all laws of the road, including but not limited to speed limits, and to ensure all verified drivers follow all laws of the road.

RVbyMilitary may terminate a Booking and require the return of the Accommodation to the Veteran if there are concerns about the Customer’s use of the Accommodation, and if the Customer misuses or is negligent in the use of the vehicle, they will be fully financially responsible for any related claims, loss, or damage, and their protection plan and/or insurance may be voided.

You shall under no circumstance (and the occurrence of such shall constitute a material breach of this Agreement):

RVbyMilitary. RVbyMilitary does not supervise, scope, direct, control, or monitor any Listings, Stays, or Booking, and RVbyMilitary EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED, BOOKINGS, STAYS, OR LISTINGS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

YOU AGREE THAT YOU WILL USE THE RVBYMILITARY WEBSITE EXCLUSIVELY FOR THE PURPOSE FOR WHICH IT WAS DEVELOPED AND PROVIDED AS A SERVICE BY RVBYMILITARY: TO CONNECT CUSTOMERS AND VETERANS. YOU ACKNOWLEDGE RVBYMILITARY MAKES NO AFFIRMATIVE REPRESENTATION THAT THE RVBYMILITARY PLATFORM VERIFIES OR OTHERWISE CONFIRMS OR WARRANTS THAT: (A) WHETHER YOUR OR ANOTHER USER’S REPRESENTATIONS ARE TRUE OR CORRECT, (B) THAT THE VETERAN IS WILLING OR ABLE TO FULFILL THE SERVICES HE/SHE AGREED TO. ACCORDINGLY, BOTH THE CUSTOMER AND THE VETERAN ARE STRONGLY ENCOURAGED TO CONDUCT THOROUGH DUE DILIGENCE BEFORE CONTRACTING WITH EACH OTHER FOR SERVICES.

ISSUES DURING AND AFTER STAY

Missing or Stolen Vehicles. The following conduct may result in the reporting of the Accommodation you have Booked as stolen to law enforcement, possibly subjecting you and any other driver or occupant to arrest, and civil and/or criminal penalties, and the voiding of your Bundle:

Repossession. RVbyMilitary, a hired agent of RVbyMilitary, or the Veteran may repossess any Accommodation Booked through the RVbyMilitary Platform without demand, at the Customer’s expense, if the Accommodation is not returned by the end of the Booking (including a Booking canceled at any time by RVbyMilitary), is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles. If an Accommodation you have Booked through the RVbyMilitary Platform goes missing and/or is stolen during the Booking period, the Customer must immediately return the original ignition key to the Veteran, file a police report immediately after discovering the Accommodation is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the Veteran, law enforcement, RVbyMilitary, and other authorities in all matters related to the investigation

Claims by Veteran. RVbyMilitary shall notify the Customer of any defects or damages claimed by Veteran. Customer shall have seven (7) days from the date of notice to object to the defect, damage, or cost of repair. If no objection is made, RVbyMilitary shall use the security deposit to pay for the repairs and (if needed) charge the stored payment on file for any costs of repairs beyond the security deposit.

Should a dispute arise between the Veteran and Customer, RVbyMilitary may, in its sole discretion, assist to settle any disputes. RVbyMilitary’s determinations on all security deposit dispute resolution and claim resolutions are final.

In making its excess coverage determinations, RVbyMilitary will ensure that, among other requirements set forth in this Agreement:

LICENSE

License Grant And Limitations. Subject to your agreement to the terms of this entire Agreement, RVbyMilitary is granting you a limited, non-exclusive, and non-transferable license to access and use the RVbyMilitary Platform online and/or download, install and use the RVbyMilitary Platform for your exclusive use on any device owned or otherwise controlled by you (“Device”) strictly in accordance with this Agreement; and access, stream, download, and/or use on such Device or online the RVbyMilitary Platform made available in or otherwise accessible through the RVbyMilitary Platform, strictly in accordance with this Agreement, the Privacy Policy, and any other terms applicable to such RVbyMilitary Platform.

Under no circumstance are you permitted to:

Reservation of Rights. You acknowledge and agree that the RVbyMilitary Platform is provided under license and not sold to you, and RVbyMilitary may cancel such license at any time with or without notice or cause. You may cancel your license by deleting your account and discontinuing all use of the RVbyMilitary Platform. Regardless of circumstances, you do not acquire any ownership interest in the Website or RVbyMilitary Platform under this Agreement or any other rights other than to use the Website according to the license granted and subject to all terms, conditions, and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the RVbyMilitary Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

YOUR REPRESENTATIONS, CONTENT, AND INFORMATION

User Representations and Warranties.  You as a User represent and warrant that:

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your breach of these User Representations and Warranty terms including for any party or non-party allegations of misuse of the Website or your breach of this Agreement including but not exclusively. Furthermore, you agree that RVbyMilitary assumes no responsibility for the content you submit or make available through this Website.

User Content. “User Content” means any literal or graphic representations you input into RVbyMilitary Platform, or in any way to RVbyMilitary, its affiliates, or other Users in connection with your usage of the RVbyMilitary Platform, including but not limited to a posting made as an User for any reason. You are solely responsible for your User Content, and the Company acts as a mere passive conduit for the online distribution and publication of your User Content. By placing postings on the RVbyMilitary Platform, you grant RVbyMilitary a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, distribute, and otherwise exploit your User Content in any manner to provide your User Content to others as intended. You acknowledge and agree that RVbyMilitary is not involved in the creation or development of User Content, disclaims any responsibility for User Content, and cannot be liable for claims arising out of or relating to User Content. RVbyMilitary has no responsibility or obligation to monitor or review User Content and reserves the right to remove or limit User Content at any time for any reason, including if it is not compliant with this Agreement.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant RVbyMilitary the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor RVbyMilitary’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive or illegal, as determined by RVbyMilitary in its sole discretion, whether or not such material may be protected by law.

Collection and Use of Your Information. You acknowledge that when you download, install or use the Website; the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and your use of the Website. You also may be required to provide certain information about yourself as a condition for downloading, installing, or using the Website and most of its features or functionality. The Website may provide you with opportunities to share information about yourself with others. All information RVbyMilitary collects through or in connection with this Website is subject to our RVbyMilitary’s Privacy Policy . By downloading, installing, using, and providing information to or through this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy [M3] .

WEBSITE AND MOBILE APP DETAILS

RVbyMilitary Platform Accessibility. The Website is accessible via www.RVbyMilitary.com (the “Website”) and through downloading an application on your Device (the “Mobile App”) and products and services are accessible thereon. In addition, particular features, functionality, and content accessible on or through the Website may be hosted on the Website or the Mobile App. Your access to and use of such RVbyMilitary Platform may require you to acknowledge your acceptance of this Agreement and the RVbyMilitary’s Privacy Policy [M4] and/or create an account on the RVbyMilitary Platform. Your failure to do so may restrict you from accessing or using certain of the Website’s features and functionality.

Geographic Restrictions. RVbyMilitary is based in and provides access and use of the RVbyMilitary Platform only by applicable users located in the United States. You acknowledge that you may not be able to access all or some of the RVbyMilitary Platform outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the RVbyMilitary Platform from outside the United States, you are responsible for compliance with local laws.

Updates. From time to time in its sole discretion, the company may develop and provide Website updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or continue to provide or enable any particular features or functionality. If you use the web- based RVbyMilitary Platform, the updates will be automatic and may not be noticeable to you. However, if you use the Device-based RVbyMilitary Platform, based on your Device settings, when your Device is connected to the internet, either:

You shall promptly download and install all Updates and acknowledge and agree that the Website or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement.

Intellectual Property. User acknowledges that, as between User and RVbyMilitary, RVbyMilitary owns all rights, title, and interest, including all intellectual property rights, in and to the RVbyMilitary Platform and Services and all other intellectual property provided to User and, with respect to Third-Party Materials, the applicable third- party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Materials.

If you believe that any User Contributions violate your copyright, please contact our designated agent, Ms. Dutton at our legal department in writing at RVbyMilitary, Legal Department, 1800 Glenarm Place Ste 503, Denver, Colorado 80202, with the DMCA Notice information. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following information:

  1. The identity of the copyrighted work you believe has been infringed or if the claim involves multiple works on the Website, a representative list of such works.
  2. The identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  3. Adequate information by which the Company can contact you (including your name, postal address, telephone number, and, if available, email address).
  4. A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the written notice is accurate.
  6. Under penalty of perjury, a statement that you are authorized to act on behalf of the copyright owner.
  7. Your physical or electronic signature.

Third-Party Materials. The Website may display, include or make available third-party content (including data, information, Websites, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. The company does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party materials. Third- Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.

TERMINATION OF THIS AGREEMENT

Term and Termination. The term of Agreement commences when you install the Mobile App or access the Website and acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section.

You may terminate this Agreement by deleting your account in the Website or Mobile App and deleting all copies of the Mobile App from your Device.

The Company may terminate this Agreement without notice or if it ceases to support the Website, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination: all rights granted to you under this Agreement will also terminate, and you must cease all use of the Website and Mobile App and delete all copies of the Mobile App from your Device and account.

Termination will not limit any of the Company’s rights or remedies at law or in equity.

Changes to this Agreement. RVbyMilitary may revise or update this Agreement from time to time at its sole discretion. All changes are effective immediately when RVbyMilitary posts a Notice of such changes on its website. Your continued use of the RVbyMilitary Platform following the Notice a revised Website End User Agreement has been posted means that you accept and agree to the changes.

MISCELLANEOUS

Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE RVBYMILITARY PLATFORM AND SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, AND/OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Arbitration; Dispute Resolution. Company’s right to amend this Agreement, in whole or in part, does not apply to this “Disputes; Arbitration” section. The version of this “Arbitration” section that was in effect on the date you last accepted the Agreement controls.

Any and all claims will be resolved by binding arbitration, rather than in court, except you may assert claims on an individual basis in small claims court if they qualify. This includes any claims you assert against us, our subsidiaries, users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted the terms of this Agreement regardless of whether prior versions of the Agreement required arbitration.

Prior to beginning an arbitration proceeding, you must send a letter describing your claims to the Company.  If we have claims against you, we will give you notice at the email address or street address you have provided. The parties shall first attempt in good faith to resolve any dispute set forth in the notice by negotiation and consultation between themselves, including not fewer than three (3) negotiation sessions.

If the parties are not able to resolve the matter and the parties do not mutually agree to mediation, the party pursuing arbitration must file a case according to the rules set forth by the American Arbitration Association (AAA). Arbitrations will be conducted by the AAA under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

You and Company acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable claims. You and Company acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all claims. Further, unless you and Company both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

Arbitration Hearing/Location. You agree that any required arbitration hearing will be conducted in either (a) Alexandria, VA; (b) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

If any party institutes any legal suit, action, arbitration, or proceeding against the other party arising out of or relating to this Agreement, including, but not limited to, contract, equity, tort, fraud, and statutory claims, the Company is entitled to receive, and the other party shall pay, in addition to all other remedies to which the Company may be entitled, the costs and expenses incurred by the Company in conducting or defending the suit, action, or proceeding, including actual attorneys’ fees and expenses, even if not recoverable by law (including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings).

Export Regulation. The Website may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website to, or make the Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing, or otherwise making the Website available outside the US.

Severability. Suppose any provision of this Agreement is illegal or unenforceable under applicable law. In that case, the remainder of the provision will be amended to achieve the effect of the original term as close as possible. All other provisions of this Agreement will continue in full force and effect.

Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia in each case located in Alexandria. You waive any and all objections to the exercise of jurisdiction over you by such courts and the venue in such courts.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement. This Agreement, including but not exclusively all relevant provisions depending on user’s definition, and RVbyMilitary’s Privacy Policy [M5] constitute the entire agreement between you and Company with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.

Waiver. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Assignment; Successors. You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of you or any other party. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Headings. The headings contained herein are for convenience only and are not part of this Agreement.

Notices. You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email, text, or SMS or by RVbyMilitary posting Notices on the Website via banners or other methods. You agree that all Notices that we provide electronically satisfy any legal requirement that such communication is in writing. Notices include any notice of updates to this Agreement and the Privacy Policy[M6] .

Consent to Electronic Signatures. By using the RVbyMilitary Platform, you agree to transact electronically through the RVbyMilitary Platform. You also agree to the following: a) your electronic signature is the equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature, b) your use of a keypad, mount, or other devices to select an item, button, icon, or similar act/action constitutes your signature as if actually signed by you in writing, c) no certification authority or other third party verification is necessary to validate your electronic signature, and d) the lack of such certificate or verification will not in any way affect the enforceability of your electronic signature.

INSURANCE

Insurance Plans. At booking checkout, RVbyMilitary states options for additional protection plans for your usage of the Accommodation during the Stay (“Bundles”). Bundles are not provided by RVbyMilitary and instead are through a third-party insurance company, MBA Insurance. If the Customer or Veteran chooses to receive an insurance and protection plan administered by MBA Insurance, they shall be responsible to complete the insurance and protection check-out process, be approved by MBA Insurance and pay the cost for the plan in order for coverage to be activated. Note the Company is not a broker, agent or insurer.

With a Bundle, the Veteran’s and/ or Customer’s primary insurer is first responsible for defending and indemnifying the insured in the event of a claim. The Bundles provide coverage above a Veteran’s or Customer’s underlying limit of primary insurance. That is, Bundles only provides coverage after any primary insurance that may apply. The personal insurance of the person driving or otherwise operating the Accommodation (to include towing or stationary use) is the primary insurance for the rented vehicle. RVbyMilitary is not an insurance company and does not insure Veterans or Customers, nor does it sell insurance.[M7] 

To be eligible for the benefits of a Bundle, Veterans and Customers must comply with these Terms. Bundles are available through the RVbyMilitary Platform in jurisdictions where such plans (or type of plan) are permitted.

With the Bundles, the third party provider may provide coverage for qualified Accommodations and verified drivers that have been approved by RVbyMilitary and/or the third-party provider for excess coverage. Note that qualified Accommodations may not include certain aehicles in RVbyMilitary’s and/or the third-party provider’s sole discretion, including, but not limited to, due to the age, type, or value of the vehicle. Liability, physical damage, comprehensive, and collision excess coverage is available only for Customers during the rental period for rentals through the RVbyMilitary Platform and only where Customers have successfully met the conditions stipulated in the verification process (i.e. there must be a verified driver) and where the vehicle meets the certifications and requirements stipulated in the listing process, and the maintenance and inspection schedule.

In addition, Bundles are only made available to users where the use of the RVbyMilitary Platform and the full and complete booking of a rental transaction is transacted through RVbyMilitary Platform. Any Veteran or Customer who transacts any portion of the rental outside of the RVbyMilitary Platform may be entirely denied Bundle coverage, and may also be denied primary coverages (if any). If any Veteran circumvents any portion of RVbyMilitary or the Fees, RVbyMilitary reserves the right to reject or deny Bundle coverage across all vehicles under management by the Veteran and all related transactions will be deemed invalid for Bundle coverage, and RVbyMilitary will have no responsibility or obligation to provide coverage to any of the parties. Vehicles are only eligible for excess coverage in the U.S., Puerto Rico, the U.S. Virgin Islands, U.S. Military locations and U.S. controlled territories. Vehicles used in the sport or activity of driving through rough terrain are considered to be used in off-roading activity and will not be eligible for Bundle coverage.

Verified Drivers. Bundles only cover verified drivers who must be listed when checking out for a Bundle coverage. If a claim is attempted to be made by someone who is not a Verified Driver, such claim will be denied as there is no coverage.

Exclusions. Protection plans and Bludles protection on the RVbyMilitary Platform do not apply to:

State Notices. The laws of some states require us to furnish you with the following notices:

WARNING – Any person who knowingly:

Additional Warnings