Last Updated: 1/10/2023
These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at https://www.logecamps.com/ (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by [LOGE Holdings, LLC] (“LOGE”,“we”, “our” or “us”), (ii) our mobile applications that may be downloaded to your smartphone or tablet (each an “App”), and (iii) our online services (including the Site and the App, and any products and services, including reservation services for accommodations, experiences, and items (the “Reservation Services”), accessible via the Site and the App, together the “Services”).
BY AGREEING TO THESE TERMS, EXCEPT (I) FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 14, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND LOGE WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Services.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services(“Supplemental Terms”), including when you reserve accommodations, experiences, and items through our Reservation Services oruse the foregoing. Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. The following areSupplemental Terms:
• Our Destination Terms (solely when you reserve or use an accommodation at one of our Destinations (as defined below))
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we makefuture changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services,or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effectiveimmediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If youdo not agree to the amended Terms, you must immediately stop using our Services.
Eligibility and Use Restrictions
(a) Age. Users under 18 years of age (or the age of legal majority where you live) may not use our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at email@example.com. Note, some of our Services may require you to be older than 18 years of age to use such Services. Please see our Supplemental Terms for more details.
(b) Authority. If you use our Services on behalf of another person or entity, (i) all references to “you” throughout these Terms (otherthan in this Section 1(b)) will include that person or entity and (ii) you represent that you are authorized to accept these Termson that person’s or entity’s behalf.
(c) Jurisdiction. You may only use our Services in jurisdictions authorized by LOGE. Use of our Services is currently authorized only in the United States.
(a) You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:
▪ Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;▪ Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;▪ Use or attempt to use another user’s account or information without authorization from that user and LOGE;▪ Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;▪ Sell or resell our Services;▪ Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;▪ Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;▪ Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;▪ Reverse engineer any aspect of our Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;▪ Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from ourServices except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that LOGE grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. LOGE reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;▪ Develop or use any applications that interact with our Services without our prior written consent;▪ Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;▪ Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by the LOGE; or▪ Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
(b) Enforcement of this Section 4 is solely at LOGE’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by LOGE or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights there in and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Section 4), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services (i) for your own personal if you are a consumer or (ii) internal use if you are a business. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
LOGE and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of LOGE and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about LOGE or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in LOGE’ sole discretion. LOGE will exclusively own all improvements to, or new, LOGE products, services, or Services based on any Feedback. You understand that LOGE may treat Feedback as nonconfidential.
(a) Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-PartyMaterials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact he way that our Services operate.
(b) We may further provide information about or links to third-party products, services, activities, or events, or we may allow thirdparties to make their content and information available on or through the Services (collectively, “Third-Party Content”). Weprovide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third partiesand your use of or interaction with any Third-Party Content are solely between you and the third party.
(c) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-PartyContent (including terms of service or privacy policies of the providers of such Third-Party Materials).
(d) You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless LOGE and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “LOGE Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Indemnification Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms, including anySupplemental Terms (including our Destination Terms); (d) your violation, misappropriation, or infringement of any rights of another(including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify LOGE Parties of any third-party Indemnification Claims, cooperate with LOGE Parties in defending such Indemnification Claims, and pay all fees, costs, and expenses associated with defending such Indemnification Claims (including attorneys' fees). The LOGE Parties will have control of the defense or settlement, at LOGE' sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LOGE or the other LOGE Parties.
Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services and any content or materials provided therein or therewith (including the Third-Party Content andThird-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. LOGE disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, LOGE does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While LOGE attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that ourServices or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services and any content provided therein or therewith (including the Third-Party Content and Third-PartyMaterials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of LOGE, LOGE Parties, and LOGE’ respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.
Limitation of Liability
(a) To the fullest extent permitted by applicable law, LOGE and the other LOGE Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if LOGE or the other LOGE Parties have been advised of the possibility of such damages.
(b) The total liability of LOGE and the other LOGE Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services.
(c) The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of LOGE or the other LOGE Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release LOGE and the other LOGE Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Dispute Resolution; Binding Arbitration
Please read this section carefully because it requires you and LOGE to arbitrate certain disputes and claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and LOGE from suing in court or having a jury trial. You and LOGE agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. LOGE and you are each waiving the right to trial by a jury.
If you are a consumer (as defined below), follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis. No class or representative actions or arbitrations are allowed under this arbitration agreement.
(a) Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that (i) you have against LOGE, (ii) that LOGE has against you or (iii) that you have, or LOGE has, in each case relating in any way to these Terms or the Services or the relationship between you and LOGE (collectively, “Claims” and each a “Claim”), you and LOGE agree to attempt to first resolve the Claim informally via the following process:
• If you assert a Claim against LOGE, you will first contact LOGE by sending a written notice of your Claim (“Claimant Notice”)to LOGE by certified mail addressed to 201 W North Bend Way. North Bend, WA 98045, US or by email firstname.lastname@example.org. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
• If LOGE asserts a Claim against you, LOGE will first contact you by sending a written notice of LOGE’s Claim (“LOGE Notice”)to you via email to the primary email address associated with your account. The LOGE Notice must (i) include the name of a LOGE contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
• If you and LOGE cannot reach an agreement to resolve the Claim within thirty (30) days after you or LOGE receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or LOGE first send a ClaimantNotice or a LOGE Notice, so that the parties can engage in this informal dispute-resolution process.
(b) Claims Subject to Binding Arbitration; Exceptions. Except for (i) small claims disputes in which you or LOGE seek to bring an individual action in small claims court located in the county of your billing address or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or LOGE, including any disputes in which you or LOGE seek injunctive or other equitable relief for the alleged unlawful use of your or LOGE’s intellectual property or other infringement of your or LOGE’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 14(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
(c) Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
(d) One Year to Assert Claims. To the extent permitted by law, any Claim must be filed within one year after such Claim or dispute arose; otherwise, the claim is permanently barred, which means that you and LOGE will not have the right to assert the Claim.
(e) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted theseTerms by providing us notice of your opt-out via email at email@example.com or by certified mail addressed to 201 W NorthBend Way. North Bend, WA 98045, US. In order to be effective, the opt-out notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
(f) Rejection of Future Arbitration Changes. You may reject any change we make to Section 14 (except address changes) by personally signing and sending us notice within 30 days of the change via email at firstname.lastname@example.org or by certified mail addressed to 201 W North Bend Way. North Bend, WA 98045, US. If you do, the most recent version of Section 14 before the change you rejected will apply.
(g) Severability. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 14, then the state and federal courts located in the County of King County, Washington, will have exclusive jurisdiction. You and LOGE waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
Modifying and Terminating Our Services
Unless otherwise stated in our Supplemental Terms with respect to a particular Service, we reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use theServices; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by LOGE in writing. Unless otherwise stated in our Supplemental Terms with respect to a particular Service, you also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any portion of these Terms other than Section 14 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b)severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
You are responsible for compliance with United States export controls and for any violation of such controls, including any UnitedStates embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a)located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted endusers.
(a) LOGE’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.”Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
(b) If you have a question or complaint regarding the Services, please send an email to email@example.com. You may also contact us by writing to 201 W North Bend Way. North Bend, WA 98045, US. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, orby telephone at 1 (800) 952-5210.
Additional Terms Applicable to Mobile Devices
You must create an account with LOGE in order to use some or all of our Services, including our Reservation Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the“iOS App”) developed by Apple Inc. (“Apple”).
(a) Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. LOGE, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
(b) Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS AppStore Terms of Service.
(c) Maintenance and Support. You and LOGE acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notifyApple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of LOGE.However, LOGE has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
(e) Product Claims. You and LOGE acknowledge that as between Apple and LOGE, LOGE, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) productl iability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. The parties acknowledge that, in the event of any third-(g) party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, LOGE, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
(h) Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to: LOGE Holdings, LLC
201 W North Bend Way. North Bend, WA 98045, USLegal@logecamps.com
(i) Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
(j) Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you asa third-party beneficiary thereof.
The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system(the “Android App”) developed by Google, Inc. (“Google”):
(a) You acknowledge that these Terms are between you and us only, and not with Google.
(b) Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
(c) Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
(d) Google is a third-party beneficiary to the Terms as they relate to our Android App.
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