Terms of Service

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

THE SERVICES ARE COMPRISED OF AN ONLINE PLATFORM THROUGH WHICH RECREATIONAL VEHICLE OWNERS MAY CREATE LISTINGS FOR SUCH RECREATIONAL VEHICLES (“VEHICLES”) THEY WISH TO SELL AND POTENTIAL VEHICLE BUYERS AND OTHER USERS MAY LEARN ABOUT AND ARRANGE TO PURCHASE VEHICLES. YOU UNDERSTAND AND AGREE THAT ANY AGREEMENT TO PURCHASE A VEHICLE ARRANGED THROUGH THE SITE IS AN AGREEMENT BETWEEN YOU AND THE OWNER OF THE VEHICLE AND THAT COMPANY IS NOT A PARTY TO ANY SUCH AGREEMENTS. YOU FURTHER UNDERSTAND AND AGREE THAT COMPANY IS NOT A PART OF, OR LIABLE FOR, ANY COMMUNICATIONS BETWEEN YOU AND ANY OWNER OR OTHER USERS. COMPANY HAS NO CONTROL OVER THE CONDUCT OR STATEMENTS (INCLUDING ANY REPRESENTATIONS AND WARRANTIES) OF OWNERS, BUYERS OR OTHER USERS OF THE SITE OR SERVICES, AND COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR SUCH CONDUCT, STATEMENTS AND REPRESENTATIONS OR WARRANTIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND MATERIALS THAT APPEAR ON THIS SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. WHILE WE AIM TO PROVIDE A SITE THAT IS USEFUL, YOU UNDERSTAND THAT THE SITE MAY, FROM TIME TO TIME, CONTAIN ERRORS OR INCOMPLETE INFORMATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SITE INCLUDES MATERIALS AND INFORMATION COLLECTED FROM AND PROVIDED BY THIRD PARTIES THAT WE MAY NOT HAVE EVALUATED, VERIFIED AND REVIEWED. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY OF THE MATERIALS OR INFORMATION ON THIS SITE, AND YOU SHOULD NOT RELY ON IT WITHOUT INDEPENDENT VERIFICATION.

THIS AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION. BY ACCEPTING THIS AGREEMENT, YOU WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES WILL BE RESOLVED BY ARBITRATION, IN LAKE COUNTY, ILLINOIS. IN PARTICULAR, PLEASE READ THE SECTION OF OUR TERMS OF USE TITLED GOVERNING LAW, VENUE AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION. Our terms of service can be found on our website, at the following link: Terms of use

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

1. Introduction

1.1 Camping World Leasing Company, LLC (d/b/a RVs.com) and its affiliates (hereafter referred to as “Company,” “we,” “us,” or “our”) provides an online platform (accessible at RVS.com) that connects Owners who have recreational vehicles (“Vehicles”) with persons seeking to purchase Vehicles (the “Platform”). Collectively, the Platform and any website or mobile application through which the Services are made available shall be referred to as the “Site.” In addition to providing the Services, Company may also provide, through itself, affiliates, or third parties, related products and services to Users (as defined below). The Platform, Site, and all related products and services that Company may provide) are collectively referred to herein as the “Services.” By using the Services or Site, the User agrees to comply with and be legally bound by these Terms whether or not the User registers as an Owner, Buyer, or otherwise. These Terms constitute a legal, binding agreement (the “Agreement”) between the User and Company governing the access to and use of the Site, Platform and Services. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.campingworld.com/helpcenter-ourpolicies/privacyPolicy.html. If the User does not agree to these Terms, it has no right to continue accessing or using the Services or the Site. Failure to use the Services or Site in accordance with these Terms may result in suspension or termination of the User’s account, denial of Services and/or civil and criminal penalties.

1.2 Updates to these Terms

These Terms apply to any use by the User of the Site and Services provided to or received by it. The User will be asked to confirm acceptance of the Terms when registering on the Site to become a registered User. Company may modify or replace these Terms from time to time by publishing a new version on the Site. The User will be notified by email (to the email address provided at the time of registration on the Site) of material changes to the Terms. The User’s continued use of the Site or Services following any amendment to or replacement of the Terms constitutes acceptance of the Terms, as amended or replaced. If the Terms are updated and the User does not agree to such updated Terms, the User may not continue to access or use the Site or Services.

1.3 Definitions – Capitalized terms used but not defined in these Terms, shall have the meaning set forth below:

“Additional Charges” means any fee charged by Company for use of the Site or Services in addition to the Listing Fee, Deposit, Transaction Fee and Purchase Price.

“Buyer” means a User looking to purchase a Vehicle from an Owner on the Site.

“Credit Card Authorization” means the pre-authorization by the User for Company to make further charges to their credit card as related to a transaction on the Platform, including, but not limited to, for payment of the Deposit or Listing Fee.

“Credit Card Hold” means the amount authorized by the User to be charged against the credit card presented at the time of Credit Card Authorization (as further described in Section 5.1).

“Deposit” means an initial deposit paid by the Buyer for an amount set by the Owner (typically, but not always, 10% of the Purchase Price).

“Listing Fee” means the non-refundable fee an Owner pays to list a Vehicle on the Site. The amount of the Listing Fee varies depending on the length of the listing, the amount of photographs allowed and other Services offered.

“Owner” means a person registered as the owner of a Vehicle on the Site and who holds himself or herself out as having full right, title and interest in and to the Vehicle.

“Purchase Price” means the full amount a Buyer pays for the Vehicle after negotiating a purchase, or the price listed by the Owner as the “Buy Now” price for the Vehicle.

“Transaction Fee” means platform final transaction fee in the amount of 3.25% of the Purchase Price.

“User” means you or any other person who accesses the Site or registers as an Owner, Buyer or otherwise.

2. Buying and Selling Vehicles

2.1. The Site includes a Platform for Vehicle listing and informational Services that bring together Owners, potential Buyers and other Users. Company is not a party to any transaction or communication between Owners and Buyers that originates or takes place on or through the Site. Information about a particular Vehicle is supplied by the Owner and may include data from third parties and/or machine learning. The price and other terms of any sale are subject to direct negotiation between the Owner and the Buyer. COMPANY MAKES NO REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, CONCERNING THE VEHICLES LISTED ON THE PLATFORM (INCLUDING THE CONDITION OF THE VEHICLES OR THE DESCRIPTIONS THEREOF), INCLUDING REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY COMPANY.

2.2. Company makes no guarantee that all Users of the Site will act honestly or fairly. Furthermore, Company cannot verify the information about Vehicles or guarantee the Vehicles offered by Owners in any manner. Company also cannot verify that any payment Owner receives from a Buyer is legitimate. When using the Site, Users acknowledge and agree that they should exercise judgement and diligence when making decisions as to use of the Site and Services, especially any purchase.

2.3. Purchasing a Vehicle

2.4. Listing a Vehicle

3. Registration as an Owner or Buyer

3.1 If User wishes to use the Services in the Site to purchase or sell a Vehicle, User shall register on the Site to be an Owner or Buyer. By completing the registration process on the Site, User agrees to these Terms, and the continued access and use of the Site or Services by User constitutes acceptance of any updates to these Terms.

3.2 We reserve the right to accept, decline, suspend or terminate any User’s application for registration at our absolute discretion.

3.3 User represents and warrants that they have considered all laws applicable to the sale or purchase of a Vehicle and have secured any necessary permits or licenses related to the sale or purchase, including the operation of the Vehicle.

3.4 User represents and warrants that all of the User information provided on the Site, in such User’s account, and verbally is correct, complete, accurate and up-to-date. User agrees to promptly notify us of any changes to User’s information by updating the “profile” section on the Site.

3.5 User warrants and agrees that User will safeguard User’s account information and password used to access the User account and will not allow anyone else to use such User account. User is solely responsible for all activity undertaken through the User account, whether or not User has authorized such activity. User agrees to immediately notify Company if User learns of or suspects unauthorized access to or use of the User account.

4. Users Conduct

4.1 In connection with the use of the Site and the Services, User represents, warrants, and agrees that it will not:

a. register as more than one Owner or Buyer or register on behalf of any person other than User;

b. contact an Owner for any purpose other than asking a question related to purchasing that Owner’s Vehicle or for any other purpose expressly set forth in these Terms;

c. use the Site to identify an Owner and a Vehicle and then complete a purchase of a Vehicle without using the Site with the end result of circumventing the obligation to pay any fees related to the provision of the Site or the Services;

d. use manual or automated software, devices, scripts, or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;

e. violate any local, state, federal, or other law or regulation, or any order of a court, including, without limitation, admiralty law and tax regulations;

f. use the Services for any commercial or other purposes that are not expressly permitted by these Terms or permitted by Company pursuant to the terms of a separate written agreement;

g. use our Services in violation of any agreement User has with a third party, including but not limited to a financing bank or insurance company;

h. copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by these Terms;

i. infringe or misappropriate the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

j. interfere with or damage the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

k. stalk or harass any other User of the Services or collect or store any personally identifiable information about any other User other than for purposes of the Services;

l. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or financial information, without their permission;

m. use our Services in connection with the distribution of unsolicited email spam or advertisements;

n. when acting as a User or otherwise, recruit or otherwise solicit, whether directly or indirectly, any Owner or other member to join third party services or websites that are competitive to Company;

o. use, display, mirror or frame the Services, or any individual element within the Services, Company name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;

p. impersonate any person or entity, or falsify or otherwise misrepresent User or User’s affiliation with any person or entity;

q. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or

r. advocate, encourage, or assist any third party in doing any of the foregoing.

5. Purchases and Payment

5.1 To make a purchase, a Buyer must initiate a request to purchase the Vehicle through the Owner’s listing on the Site for the specific Vehicle they wish to buy with all such other information and details as are required (a “Purchase Request”), including details of a valid credit card (“Credit Card”) for payment of the Deposit amount and any other initial charges, if any, and for securing the Credit Card Hold for charges. We will transmit Buyer’s Purchase Request to the Owner, and the Owner may, at its sole discretion, choose to accept, decline or make a counter offer to the Purchase Request for any reason. Certain listings may also offer a “Buy Now” function through the Services where the Buyer makes an immediate offer for the listed Purchase Price. Owners may accept such “Buy Now” offer at their sole discretion.

5.2 Once a Purchase Request or counter offer has been accepted by the Owner and Buyer, the full Deposit amount will be charged to Buyer’s Credit Card in order to confirm the purchase and held by Company. Buyer will be notified of the remaining Purchase Price prior to the Deposit charge. The sale is not complete until all requirements are satisfied for Purchase Completion and both Owner and Buyer indicate that sale is complete. At this point, Company will transfer the Deposit amount to the Owner. If payment for the Deposit or Purchase Price is not possible, is dishonored or otherwise rejected, Company will immediately cancel the sale.

5.3 Company will not hold any financial information of the Owner or Buyer. All financial transactions will take place via Stripe or such other payment processor as Company shall designate in its discretion (“Payment Processor”). Users agree that the Payment Processor is entitled to retain the details of the Credit Card in accordance with their privacy policy https://stripe.com/privacy and applicable law and regulations and to take any action to recover from the Credit Card the amounts due by User pursuant to these Terms. User expressly and irrevocably authorizes the Payment Processor to charge to the Credit Card all amounts payable by User under these Terms.

5.4 Buyer agrees to pay any Additional Charges or other costs incurred, including but not limited to, taxes, title and registration fees, lien fees or any other fees that may be imposed by a governmental agency in connection with the sale and financing the purchase of the Vehicle.

5.5 Owner represents and warrants that all sales tax and title fees were paid at the time when the Vehicle was initially purchased or acquired (and otherwise as may be required by applicable law). Owners and Buyers are separately and solely responsible for determining their applicable tax reporting requirements in consultation with their tax advisor, and, collecting and remitting these taxes to the appropriate taxing authority. Company does not provide tax, legal, or, or other professional advice in connection with the Services. Company disclaims any and all liability of Owner related to such taxes.

6. Purchase Cancellations

6.1 Company, Owner or Buyer may cancel a purchase which has been confirmed on the Site, at any time, before the Purchase Confirmation.

6.2 Company shall issue a refund of the Deposit if:

(a) the Buyer arrives at the designated pick-up location to take ownership of the Vehicle and the Vehicle is, in Buyer’s reasonable opinion, materially different from the description of the Vehicle on the Site, and

(i) Buyer notifies us immediately of the cancellation and informs us of the reason they cancelled the purchase; and

(ii) we are satisfied (in our sole discretion) that the reason Buyer cancelled the purchase was reasonable under the circumstances; or

(b) Company or Owner cancels a purchase transaction, except when such cancellation is due to the Buyer’s actions that violate these Terms.

6.3 All fees charged and refunds paid by Company are calculated in United States Dollars. Company accepts no liability for losses suffered as a result of converting currencies, and any exchange risks from the conversion of currencies is the responsibility of the Users.

7. Vehicle Transfer

All planning and details of the transfer of the Vehicle shall be arranged between the Owner and the Buyer. Company shall have no involvement in the transfer process, nor be privy to the details.

8. Insurance

Company does not accept any liability for personal injuries sustained during the Purchase or thereafter, nor for any loss or damage to any personal belongings or property. Company also has no liability for any costs or losses sustained by a User as a result of any disruption or losses arising out of the purchase of a Vehicle (including because of any breakdown of a Vehicle). User acknowledges and agrees that it is User’s responsibility to take out personal insurance to cover any injury, loss and disruption and Company has recommended that User do this.

9. Suspension and Termination of Registration

9.1 We reserve the right to alter, suspend or terminate the Site, the Services, listing of a Vehicle, User’s status as a registered User, Buyer or Owner and User’s access to the secure section of the Site temporarily or permanently at any time and without prior notice and without penalty of any kind. Without limiting the above, if User breaches these Terms or repeatedly cancel purchases, Company has the right to terminate User’s status as a registered Buyer or Owner and remove User’s profile from the Site.

9.2 An Owner, Buyer or User can suspend their account on the Site and remove their profile from public access at any time, provided that no pending sale(s) is associated with the User, Buyer or Owner at that time. Upon suspension of an account, we will remove the applicable profile information from public access (but User agrees that we may retain profile information as part of our business records in accordance with applicable law).

9.3 Users can reinstate their account and public access to his or her profile at any time, with the approval of Company.

9.4 Suspension or termination of a User’s account will not affect User or Company’s rights and obligations under these Terms accruing prior to such suspension or termination.

10. Intellectual Property and User’s Use of the Site

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

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

10.3 User acknowledges and agrees that they are solely responsible for all User Content made available through the Site and Services. Accordingly, User represents and warrants that they: (i) either are the sole and exclusive owner of all User Content made available through the Site, or have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Site or 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.

10.4 Subject to Users compliance with these Terms, Company grants User a limited, non-exclusive, non-transferable, non-assignable, revocable, license to access and view any Content solely for the non-commercial and personal use as set forth in these Terms. User has no right to sublicense, transfer or assign the license rights granted in this Section.

11. Site Availability and Disclaimers

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

a. EXCLUDES AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SITE AND ITS CONTENT (INCLUDING CONTENT AND USER CONTENT), OR WHICH IS OR MAY BE PROVIDED BY ANY THIRD PARTIES (INCLUDING ANY OWNERS, BUYERS OR USERS), INCLUDING TRANSACTIONS PURSUED OR FACILITATED BY THE SITE AND INCLUDING IN RELATION TO THE PERFORMANCE OF ANY VEHICLE PURCHASED THROUGH THE SITE OR ANY INACCURACIES OR OMISSIONS IN THE SITE OR IN THE DESCRIPTIONS OF VEHICLES, OR ANY INFORMATION REGARDING USERS OR OWNERS; AND

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

11.2 COMPANY GIVES NO UNDERTAKINGS, REPRESENTATIONS, OR WARRANTIES IN RELATION TO ANY VEHICLES LISTED ON OR PURCHASED THROUGH THE SITE, INCLUDING THE SUITABILITY, SAFETY, DESCRIPTION, QUALITY, FEATURES OR SPECIFICATIONS OF A VEHICLE.

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

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

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

12. Privacy Policy and Confidentiality

12.1 Our privacy policy governs the collection, use, storage and disclosure of personal information by us. Our Privacy Policy is available at https://www.campingworld.com/helpcenter-ourpolicies/privacyPolicy.html

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

12.3 In registering on the Site, User accepts that we may, but are not obligated to, use third party sources to run identity verification and other background and/or eligibility checks, which may include credit checks and motor vehicle checks, on User and any additional driver.

12.4 The Vehicle may be equipped with electronic surveillance and telematics technologies, including but not limited to a global positioning satellite (“GPS”), satellite navigation system, sensing and diagnostic modules (“SDM”), data communication modules (“DCM”), and event data recorders (“EDR”) and/or other technologies that can collect and transmit data (such as location data) about the Vehicle (collectively, the “Telematics Systems”). The Telematics System may (in whole or in part) have been installed or affixed after the Vehicle’s manufacture. The Telematics System utilizes wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by you. The Vehicle also may be equipped with devices that permit Users to pair own mobile devices and that may download personal contacts, communications, location or other digital data.

13. LEGAL DISPUTES

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

13.1 Disputes. Subject to applicable law, User and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, User’s use of or access to the Membership or any breach, enforcement, or termination of these Terms will be resolved in accordance with the provisions set forth in this Section 11. For the avoidance of doubt, Company disclaims any and all liabilities or claims not pertaining to the terms and conditions set forth in these Terms, or pertaining to an issue with the Membership that are outside the scope of these Terms.

13.2 Applicable Law. User agrees that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between User and Company, except as otherwise stated in these Terms. In the event that a dispute is brought in a court of law under this Section 11, User and Company agree to submit to the exclusive personal jurisdiction of the state or federal courts located in Lake County, Illinois.

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

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

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

The arbitration of all disputes will be conducted by a single arbitrator chosen from a list of five arbitrators provided by the AAA. If the parties cannot agree on an arbitrator from that list, each party shall rank the candidates in order of preference, and the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the AAA rules and any applicable state laws or rules.

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

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

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

The arbitration hearing shall be held in the county in which User resides or at another mutually agreed location. The arbitration will be conducted on a documents-only basis unless the arbitrator orders otherwise for good cause shown.

For matters where the relief sought is over five thousand dollars ($5,000), the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with Section 12 as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different Members, but is bound by rulings in prior arbitrations involving the same Members to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate, including that User must pay the AAA filing fee to arbitrate.

13.7 Severability. With the exception of any of the provisions in Section 11.4, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 11.4 is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of Terms, and Section 11 will continue to apply.

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

In order to opt-out, User must email the name, address (including street address, city, state, and zip code), and email address(es) associated with the Company account(s) to which the opt-out applies and to [email protected] This procedure is the only way User can Opt-Out. If User Opts-Out, all other parts of these Terms and Section 11 will continue to apply to User. Opting-Out has no effect on any previous, other, or future arbitration agreements that User may have with us.

13.9 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, User and Company agree that if we make any amendment to Section 11.3 in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by Section 11.3 that have arisen or may arise between User and Company. If User does not agree to these amended terms, User may close its account within thirty (30) days of posting or notification of the amendments and User will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of Section 11.3 as of the date User last accepted these Terms (or accepted any subsequent changes to these Terms). Once User has submitted a valid Opt-Out Notice to Company, User does NOT need to submit another one when these Terms are subsequently updated. User’s first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of these Terms.

13.10 Judicial Forum for Legal Disputes. Unless User and Company agree otherwise, in the event that Section 11.3 is found not to apply to you or to a particular claim or dispute, either as a result of User’s decision to Opt-Out, as a result of a decision by the arbitrator or a court order or because User has chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, User agrees that any claim or dispute that has arisen or may arise between User and Company must be resolved exclusively by a state, federal, or small claims court located in Lake County, Illinois. User and Company agree to submit to the personal jurisdiction of the courts located within Lake County, Illinois, for the purpose of litigating all such claims or disputes.

14. Limitation of Liability and Indemnification

14.1 USER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF USER’S USE OF AND ACCESS TO THE SITE , INCLUDING ANY SALE OR OTHER ACTIVITIES WITH RESPECT TO ANY VEHICLE WHICH USER LISTS, REMAINS WITH USER. NEITHER COMPANY, THEIR AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR FACILITATING USER’S USE OR ACCESS THEREOF WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE OR SAVINGS, LOSS OF DATA, LOSS OF USE OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE PROVISION OR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.​​​​​​​

14.2 UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF OR ACCESS TO THE SITE EXCEED THE TOTAL, AGGREGATE AMOUNTS USER HAS PAID HEREUNDER IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENTS GIVING RISE TO THE LIABILITY.

14.3 User agrees to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any allegations, penalties, claims, liabilities, damages, losses, fines and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(a) User’s use of or access to the Site or violation of these Terms;

(b) User’s breach of any obligation, duty, responsibility under these Terms; or

(d) User’s breach of any applicable law.

14.4 In the event of any claim under Section 12.3, the indemnified party shall promptly notify the indemnifying party in writing thereof; provided, however, that the failure to give such prompt notification to the indemnifying party shall not relieve it of its indemnification obligations hereunder unless the indemnifying party can establish such delay materially prejudiced indemnifying party. The indemnifying party shall control and conduct the defense of such claim, including the settlement of the same provided that it may not settle any such claim without the indemnified party’s prior written consent unless such settlement includes a full release of all claims against the indemnified party.

15 General

15.1 Entire Agreement. This Agreement supersedes all previous agreements between the parties and contains the entire agreement the parties related to the subject matter of this Agreement.

15.2 Assignability. User may not assign, transfer, delegate, or purport to assign, transfer or delegate any of User’s rights and obligations in connection with these Terms, whether by change in control, assignment, sale or otherwise.

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

15.4 Interpretation. These Terms shall be interpreted neutrally between the parties without regard to which party drafted or caused to be drafted these Terms.

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

15.6 Modification. Company may modify or supplement the terms of this Agreement at any time, and User hereby acknowledges and agrees that the modifications and/or supplements shall be binding on User when posted on the Platform or otherwise provided to you. User’s continued participation in the Platform (i.e. continued use of or access to the Platform) shall constitute User’s consent to the modifications or supplements.

15.7 Electronic Document and Signature. For contractual purposes, you: (a) consent to receive communications from Company in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and any other communications that Company provides to User electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. [By selecting the “Continue” button on the App above the link to this Agreement], User is signing this Agreement electronically, and such selection ( “E-Signature”) constitutes User’s legal signature, acceptance and agreement, as if this Agreement were actually signed by User in “print-on-paper” or “wet ink” writing. User also agrees that no certification, authority, or other third party verification is necessary to validate User’s E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of User’s E-Signature or any resulting contract between User and Company.