Last Updated: September, 3, 2023
1. Scope of Service
Outrnr provides an online platform that connects hosts who have outdoor recreational spaces available for booking with guests seeking to book such spaces (collectively, the "Services"). These Services are accessible at www.outrnr.com and any other websites, applications, or platforms through which Outrnr makes the Services available.
1.2 Nature of the Service
Outrnr is not a party to any agreements entered into between hosts and guests, nor is Outrnr a real estate broker, agent, or insurer. Outrnr has no control over the conduct of hosts, guests, or other users of the site, or any spaces or locations provided.
1.3 Access and Use
By using the Services, you agree to comply with and are bound by the Terms of Service herein, all applicable laws, regulations, and any additional terms that may apply. Outrnr reserves the right to modify or discontinue the Services or any part thereof at any time.
The Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Services by anyone under 18 is expressly prohibited.
1.5 Third-Party Services
Outrnr may contain links to third-party websites, advertisers, or services that are not owned or controlled by Outrnr. Access to or use of third-party sites or services are at your own risk.
1.6 Contact Information
For any questions regarding the Services, please contact us at firstname.lastname@example.org.
2. Eligibility, User Verification, and Platform Use
You must be at least 18 years old to access or use the Outrnr platform. By accessing or using the platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
2.2 User Verification
While we may help facilitate the resolution of disputes, Outrnr has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any listings, the truth or accuracy of any listing descriptions, ratings, reviews, or the performance or conduct of any user or third party.
Outrnr may make efforts to verify the identities or backgrounds of users, but you are solely responsible for determining the identity and suitability of others with whom you may interact through our platform.
2.3 Responsible Use
You agree to use the Outrnr platform and Services responsibly and in accordance with all applicable local, state, national, and other laws, rules, and regulations.
You may not use the Services to find a host or guest and then complete a booking of an accommodation independent of the Services, avoid or circumvent any service fees, or for any other reason that violates these Terms or other Outrnr policies.
2.5 Reporting Misconduct
If you interact with anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in other disturbing conduct, you should immediately report such person to the appropriate authorities and to Outrnr, providing a police report when requested.
3. Modifications of the Site or these Terms
3.1 Changes to the Site
Outrnr reserves the right, at its sole discretion, to modify, discontinue, or terminate the site, services, or any part thereof at any time, without prior notice. Changes to the site may include the removal of features, content, or the addition of new services.
3.2 Changes to Terms
Outrnr may also update these Terms from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms on the site or through other communications as appropriate. The date of the last modification will always be stated at the beginning of these Terms.
Your continued access to or use of the Outrnr platform will constitute acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this agreement at any time by discontinuing your use of the platform.
3.3 Your Responsibilities
It's your responsibility to periodically review these Terms. Outrnr is not responsible for your failure to remain informed about changes to these Terms.
4.1 Account Creation
To access certain features of Outrnr, you must register for an account. When registering, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for safeguarding your password and agree that you will not disclose your password to any third party. You are solely responsible for any activities or actions that occur under your Outrnr account, whether or not you have authorized such activities or actions. You must notify Outrnr immediately of any unauthorized use of your account.
4.3 Account Termination
Outrnr may suspend or terminate your account and your access to the Services if (a) you have breached these Terms, (b) you provide false, fraudulent, or misleading information, or (c) Outrnr believes in good faith that such action is reasonably necessary to protect the safety or property of other users, Outrnr, or third parties, or to prevent fraudulent or illegal activity.
4.4 User Responsibilities
You are responsible for all activity that occurs under your account. You agree to comply with all applicable laws, rules, and regulations, and you are responsible for all statements made and acts or omissions that occur on your account.
5.1 Service Fees
Outrnr may charge fees for the use of certain Services. All applicable fees, including service fees for hosts and guests, will be clearly disclosed at the time you book a space or as otherwise provided on the platform.
5.2 Changes to Fees
Outrnr reserves the right to change the service fees at any time, and will provide users with adequate notice of any fee changes before they become effective.
5.3 Payment Methods
Payments must be made through the payment methods provided on the Outrnr platform. Unauthorized payments or payments made outside the platform are strictly prohibited and may result in account suspension or termination.
Refunds, if applicable, will be in accordance with Outrnr's Cancellation Policy as detailed in the relevant section of these Terms.
All fees and payments made through the Outrnr platform will be in the currency specified at the time of booking or payment.
You are responsible for any taxes, including sales or value-added taxes, that may be applicable to your use of the Services. Outrnr will collect these taxes if required by law.
6. Guest Bookings
6.1 Booking Process
Guests can browse and book available outdoor recreational spaces through the Outrnr platform. All bookings are subject to the host's approval and the terms, conditions, and limitations stated in the listing.
6.2 Booking Agreement
By completing a booking, you enter into a legally binding agreement with the host and agree to comply with all applicable terms and conditions, including any house rules provided by the host.
6.3 Booking Responsibility
You are responsible for reading the full listing and understanding the terms and conditions, including cancellation policies, before making a booking. Outrnr is not responsible for any misunderstanding or misinterpretation of the listing information.
6.4 Special Requests
If you have special requests or needs, you should communicate with the host prior to booking to ensure accommodation. Outrnr is not responsible for a host's failure to accommodate special requests.
6.5 No Endorsement
Outrnr does not endorse any host, guest, or listing. You understand that images, descriptions, and other information related to listings are provided by hosts and may not fully represent the actual conditions of the space.
7. Host Bookings
7.1 Listing Process
As a host, you may create listings for your outdoor recreational spaces on Outrnr. To create a listing, you must provide accurate, complete, and current information regarding the space, including but not limited to its location, size, features, availability, pricing, and any rules or restrictions.
7.2 Host Responsibilities
You are responsible for maintaining accurate and up-to-date information on your listings, including availability. You must honor any bookings made through Outrnr and provide the space in the condition described in your listing.
7.3 Booking Approval
You may choose to approve or reject booking requests at your discretion. Once a booking is confirmed, you enter into a legally binding agreement with the guest and must provide the space as described in your listing.
7.4 Safety and Compliance
You must ensure that your space complies with all applicable local, state, and federal laws, regulations, and codes, including health and safety laws and regulations.
7.5 Relationship with Outrnr
Your creation of listings and acceptance of bookings through Outrnr does not create an employment, agency, partnership, or joint venture relationship with Outrnr. You act solely on your behalf and are not an agent or representative of Outrnr.
You agree to indemnify and hold harmless Outrnr from all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your breach of these Terms or your violation of any law or the rights of a third party.
8. Guest Booking Payments
8.1 Payment Process
When a guest makes a booking, payment will be processed through Outrnr's secure payment system. The total payment includes the cost of the booking, any additional services, applicable taxes, and service fees.
8.2 Payment Authorization
By providing payment information, you authorize Outrnr and its third-party payment providers to charge the total amount to your payment method.
8.3 Payment Timing
Payments are typically processed at the time of booking, unless otherwise specified. Any additional charges, such as damages or extra services, may be charged separately.
8.4 Payment Security
Outrnr takes reasonable measures to ensure the security of your payment information. However, Outrnr is not liable for any unauthorized access to or use of your payment information.
8.5 Payment Disputes
Any disputes regarding payments must be brought to Outrnr's attention promptly. Outrnr will attempt to resolve any payment disputes in good faith but reserves the right to make the final determination.
9. Host Booking Payments
9.1 Payment Terms
Outrnr will remit payments to hosts according to the payment terms agreed upon, less any applicable service fees, taxes, or deductions as required by law. The total payment will be based on the price specified in the listing and any additional charges agreed upon with the guest.
9.2 Payment Methods
Hosts must provide accurate and complete payment information to receive payments. Outrnr offers various payment methods, and hosts are responsible for selecting a preferred method.
9.3 Payment Timing
Payments to hosts are typically processed after the guest's successful check-in and in accordance with the payment schedule defined by Outrnr.
9.4 Withholding Payments
Outrnr reserves the right to withhold or delay payments in cases of suspected fraud, breaches of these Terms, or as required by law.
9.5 Payment Disputes
Any disputes regarding host booking payments must be communicated to Outrnr promptly. Outrnr will attempt to resolve disputes in good faith but reserves the right to make the final determination.
10.1 Responsibility for Taxes
You are solely responsible for determining your obligations to report, collect, remit, or include in your listing prices any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes, income tax, or other taxes.
10.2 Tax Information
Certain jurisdictions may require Outrnr to collect and remit taxes on behalf of hosts and guests. Where this is the case, the relevant tax information will be displayed or communicated to you.
10.3 Cooperation with Tax Authorities
Outrnr may be required by law to provide information about your transactions with Outrnr to tax authorities. You agree to cooperate with Outrnr in the fulfillment of its legal obligations.
10.4 Tax Advice
Outrnr does not offer tax advice. You should consult with a tax professional or legal expert to understand your tax obligations in your jurisdiction.
11. Booking Modifications, Cancellations, and Refunds
11.1 Booking Modifications
Guests and hosts may agree to modify a booking, such as changing dates or other details. Any modifications must be made through the Outrnr platform and may be subject to approval by the host and additional charges.
11.2 Cancellation Policy
The cancellation policy is defined in the specific listing and must be agreed upon at the time of booking. Cancellations must be made through the Outrnr platform, and fees or refunds will be processed according to the agreed-upon cancellation policy.
Refunds, if applicable, will be processed in accordance with the cancellation policy and the Outrnr's Refund Policy as detailed on the platform. Refunds may be subject to processing times and payment method limitations.
11.4 Extenuating Circumstances
Outrnr may, at its discretion, override the cancellation policy and grant refunds or impose penalties in cases of extenuating circumstances, such as natural disasters, emergencies, or other unforeseen events that impact the booking.
Any disputes related to booking modifications, cancellations, or refunds must be communicated to Outrnr promptly. Outrnr will attempt to mediate and resolve disputes but reserves the right to make the final determination.
12. Disputes between Guests and Hosts
12.1 Reporting Disputes
Any disputes between guests and hosts should be reported to Outrnr promptly. Outrnr may, at its discretion, attempt to facilitate resolution but is under no obligation to resolve or intervene in such disputes.
12.2 Release from Liability
You agree to release Outrnr from any claims, demands, damages, liabilities, costs, or expenses related to disputes between guests and hosts. Outrnr's role is solely as a platform connecting hosts and guests, and it does not assume any liability or responsibility for the conduct of hosts or guests or the quality, safety, or legality of listed spaces.
12.3 Third-Party Mediation
In some cases, it may be advisable to seek third-party mediation or legal assistance to resolve disputes between guests and hosts. Outrnr may provide information about third-party mediation services but does not endorse or guarantee the services of any particular mediator or legal professional.
13. Verified Guests and Hosts
13.1 Verification Process
Outrnr may offer a process for guests and hosts to become verified by providing additional information or completing specific verification steps. Verification may include identity checks, background checks, or other screenings.
13.2 Benefits of Verification
Verification may provide additional confidence and trust within the Outrnr community. However, verification is not an endorsement or guarantee by Outrnr, and users should always exercise due diligence and care in interactions with others.
13.3 Limitations and Disclaimers
Outrnr makes reasonable efforts to verify information but makes no warranties or representations about the accuracy, completeness, or reliability of any user's verified status.
13.4 Revocation of Verified Status
Outrnr reserves the right to revoke verified status at any time, with or without notice, for violations of these Terms or other policies, or if information provided is found to be inaccurate or misleading.
14.1 User-Generated Content
Users of the Outrnr platform may create, upload, post, send, or store content such as text, photos, videos, reviews, and other materials. You are solely responsible for the content you provide and must ensure that it complies with all applicable laws and these Terms.
14.2 Content License
By creating, uploading, or posting content on or through Outrnr, you grant Outrnr a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in connection with the Outrnr's services.
14.3 Prohibited Content
You agree not to post content that is illegal, obscene, threatening, defamatory, infringing on intellectual property rights, or otherwise injurious to third parties. Outrnr reserves the right to remove or modify content that violates these Terms or its policies.
14.4 Reporting Infringement
If you believe that content on the Outrnr platform infringes your intellectual property rights, you may report it to Outrnr following the procedure outlined in Outrnr's Copyright Policy.
14.5 Reviews and Ratings
Users may leave reviews and ratings for hosts and guests. All reviews must be fair, honest, and reflective of the actual experience. Outrnr reserves the right to remove or modify reviews that violate these Terms or other policies.
15. Ownership, Property Rights, and Copyright Policy
All rights, titles, and interests in and to the Outrnr platform, including intellectual property rights, are and will remain the exclusive property of Outrnr and its licensors. Nothing in these Terms gives you a right to use Outrnr's name or any of Outrnr's trademarks, logos, domain names, and other distinctive brand features.
15.2 Respect for Others' Rights
You must respect the intellectual property and proprietary rights of others, including copyright, trademark, trade secret, and other proprietary rights.
15.3 Copyright Infringement
If you believe that any content on the Outrnr platform infringes your copyrights, you may notify Outrnr's copyright agent as specified in Outrnr's Copyright Policy. Outrnr will respond to valid notices of copyright infringement in accordance with applicable law.
15.4 Use of Outrnr Content
You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, or otherwise exploit the Outrnr platform or any part thereof, except as expressly permitted in these Terms.
16. Reviews and Ratings
16.1 Submitting Reviews and Ratings
After completing a booking, guests and hosts may submit reviews and ratings. Reviews should be accurate, honest, and reflective of the actual experience.
16.2 Moderation of Reviews
Outrnr reserves the right to review and remove any content that violates these Terms or other policies. Outrnr may also edit reviews to comply with content guidelines or for other reasons, in its sole discretion.
16.3 Impact of Reviews
Reviews and ratings may affect a host's or guest's reputation on Outrnr and can influence future bookings. Users should be mindful of the importance of providing fair and honest feedback.
16.4 Disputes over Reviews
If you have a concern or dispute over a review, you may contact Outrnr for assistance, but Outrnr is under no obligation to modify or remove any particular review.
16.5 No Compensation for Reviews
Reviews should be unbiased, and users must not accept or offer compensation, incentives, or rewards for positive reviews.
17.1 Third-Party Links
The Outrnr platform may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by Outrnr. Outrnr does not endorse or assume any responsibility for such third-party sites or services.
17.2 Responsibility for Third-Party Content
You acknowledge that Outrnr is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of third-party websites or resources. If you access third-party websites, you do so at your own risk.
17.3 Third-Party Terms and Conditions
You should review any applicable terms or privacy policies of third-party websites or services before accessing or using them, as Outrnr is not responsible for your compliance with such terms or policies.
18. Compliance with Laws and National Regulation
18.1 Legal Compliance
You are solely responsible for compliance with all applicable laws, regulations, rules, and tax obligations related to your access to and use of the Outrnr platform. You must not use the Outrnr platform for any illegal or unauthorized purpose.
18.2 Local Regulations
Hosts are responsible for understanding and complying with all applicable laws, rules, and regulations that apply to their listings and hosting activities, including zoning laws, safety compliance, licensing requirements, and tax obligations.
18.3 Reporting Obligations
Guests and hosts may have reporting obligations to governmental authorities, regulatory bodies, or law enforcement. It is your responsibility to understand and fulfill any reporting requirements that apply to you.
18.4 Cooperation with Authorities
Outrnr may cooperate with governmental authorities and law enforcement officials as required by law or in response to legal requests.
19.1 Relationship Between Guests and Hosts
Outrnr provides a platform that allows guests and hosts to connect for the purpose of booking and providing accommodations and experiences. However, Outrnr is not a party to the agreements between guests and hosts and does not act as an agent for either party.
19.2 Responsibility for Interactions
Guests and hosts are solely responsible for their interactions, agreements, communications, and transactions. Outrnr is not responsible or liable for any aspect of the relationships between guests and hosts, including disputes, damages, or other issues that may arise.
19.3 No Endorsement or Guarantee
Outrnr does not endorse or guarantee any hosts, guests, listings, or experiences. All users must exercise due diligence, caution, and judgment in their interactions with others on the Outrnr platform.
20. Payments Service Provider
20.1 Payment Processing
Outrnr may use third-party payment service providers to process payments made through the platform. These third-party providers are responsible for handling all payment and financial transactions.
20.2 Payment Terms and Conditions
Users must agree to the terms and conditions of the third-party payment service provider and are responsible for all charges, fees, and other obligations related to payment processing.
20.3 Payment Security
Outrnr is committed to maintaining secure payment processing and will take reasonable measures to protect users' financial information. However, Outrnr is not liable for any unauthorized access, breach, or other security incidents related to payment processing.
20.4 Payment Disputes
Any disputes related to payments, charges, or fees must be addressed with the third-party payment service provider in accordance with their policies and procedures. Outrnr is not responsible for resolving payment-related disputes.
21. Electronic Communications. Term, Termination, and Outrnr Account Cancellation
21.1 Electronic Communications
By using the Outrnr platform, you consent to receiving electronic communications from Outrnr. These communications may include notices, agreements, disclosures, or other information related to your use of the platform.
21.2 Term and Termination
These Terms will remain in effect for as long as you use the Outrnr platform. You may terminate your agreement with Outrnr at any time by closing your account. Outrnr may terminate or suspend your access to the platform at any time, with or without notice, for conduct that violates these Terms or other policies, or for any other reason.
21.3 Account Cancellation
If your Outrnr account is terminated or suspended, you may lose access to any content, data, or other information associated with your account. Outrnr is not liable for any loss or damage resulting from account termination or suspension.
21.4 Survival of Terms
Certain provisions of these Terms, including but not limited to intellectual property rights, indemnification, disclaimers, and limitations of liability, will survive termination of your account.
22.1 No Warranties
The Outrnr platform is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
22.2 No Endorsement of Listings or Users
Outrnr does not endorse or recommend any hosts, guests, listings, or experiences. All users must exercise due diligence, caution, and judgment in their interactions on the platform.
22.3 No Guarantee of Accuracy or Availability
Outrnr does not guarantee the accuracy, completeness, or reliability of any content on the platform, nor does it guarantee that the platform will be available at all times or without interruption.
22.4 No Liability for Third-Party Actions or Events
Outrnr is not responsible for the actions, content, information, or data of third parties, and you release Outrnr from any claims and damages arising out of or in connection with the use of the Outrnr platform.
23. Limitation of Liability
23.1 General Limitation
To the maximum extent permitted by applicable law, Outrnr shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of the Outrnr platform.
23.2 Specific Limitations
Outrnr's total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid by you to Outrnr in the twelve (12) months prior to the event giving rise to the liability.
Nothing in these Terms shall limit or exclude Outrnr's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
24. Entire Agreement
These Terms constitute the entire agreement between you and Outrnr and supersede all prior understandings, agreements, or representations, whether written or oral, concerning the subject matter of these Terms.
You may not assign or transfer these Terms or your rights and obligations under these Terms without Outrnr's prior written consent. Outrnr may assign or transfer these Terms at its sole discretion without restriction.
You agree to indemnify and hold Outrnr and its affiliates, officers, agents, employees, and partners harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising out of or in any way connected with your access to or use of the Outrnr platform or your violation of these Terms.
27. Choice of Law and Settlement of Disputes
These Terms are governed by the laws of the state of Arizona, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or your use of the Outrnr platform shall be resolved through binding arbitration in Arizona, except for disputes that may be taken to small claims court.
28. Force Majeure
Outrnr shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, governmental actions, war, terrorism, labor conditions, or power failures.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
30. Non-Waiver. Class Action Waiver
Failure by Outrnr to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision. You agree that any legal proceedings arising out of or relating to these Terms will be conducted only on an individual basis and not as a class action.
31. California Users
Pursuant to California Civil Code Section 1789.3, California users of the platform are entitled to specific consumer rights information. Any questions about pricing, complaints, or inquiries must be addressed to our designated agent as specified in our contact information.
32. Responsibility for Travel Protection Insurance
Outrnr does not offer travel protection insurance. Guests and hosts are responsible for obtaining their travel protection insurance and should review the policy details to ensure they understand what is and is not covered.