ARVIE.COM 

 

Terms & Conditions 

 

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, services or products (collectively, “Services”). By accessing the Arvie website, mobile or tablet application, or any other feature or other Arvie platform (collectively, “Our Website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, you may not use Our Website. In these Terms, "we", "us", "our" and "Arvie" refers to Arvie.com, which is owned and operated by MBP Outdoor Ventures, LLC, a Florida limited liability company d/b/a/ Arvie.com, and "you" and "your" refers to you, the user of Our Website. 

 

We may modify these Terms for any reason and at any time by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to the changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website. 

 

1.             Our Website Services 

 

Our Website is a travel-related search engine. Arvie does not provide, own or control any of the travel services and products that you can access through Our Website, such as recreational vehicle (RV) park spot rentals and campground parking spot rentals (including in the national and state park systems) (the “Travel Services”). The Travel Services are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., RV park) or as an agent (e.g., online search or booking platform). The Travel Providers are responsible for the Travel Services. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual travel provider (campsite, RV park, etc.) you book apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through Our Website is at your own risk; Arvie does not bear any responsibility should anything go wrong with your booking or during your travel. 

 

The display on Our Website of a Travel Service or Travel Provider does not in any way imply, suggest, or constitute a recommendation by Arvie of that Travel Service or Travel Provider, or any sponsorship or approval of Arvie by such Travel Provider, or any affiliation between such Travel Provider and Arvie, except as stated on Our Website. 

 

Arvie hosts content, including prices, made available by or obtained from Travel Providers. Arvie is in no way responsible for the accuracy, timeliness or completeness of such content. Since Arvie has no control over the Travel Services and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices or availability displayed on Our Website. Prices and availability change constantly and additional charges (e.g., payment fees, usage charges, services charges, surcharges, local taxes and fees) may apply, so you should always check whether the price asked, or the date, time and location indicated, for a booking are the ones you expected. Some Travel Services may also be sold in another currency than the one present or chosen by you for the display of the search results. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

 

2.             Booking through Arvie 

 

If you make a booking through Our Website for Travel Service, that booking is made with the Travel Provider named on the booking page and Our Website only acts as a user interface. Accordingly, Arvie has no responsibility for the booking or the Travel Services because Arvie has no involvement in creating the description of the Travel Service, in defining the price and any fees, or in providing the Travel Service that you book. If you have any issues or disputes with your booking and/or the Travel Service, you agree to address and resolve these with the Travel Provider and not with us.  If you need to change any aspect of, or cancel, the booking made through Arvie, you must resolve that directly with the Travel Service.  Arvie cannot modify a booking after the original booking request is made through Arvie.  See Section 6 (Payment Processing for Bookings) below regarding payment processing and adjustments. 

 

 

In connection with booking Travel Services through Our Website, you direct and authorize us to agree (e.g., by a click-wrap agreement) on your behalf to the terms of use, rules and reservation policies, terms of service, terms and conditions, user agreements, privacy policies, or any other contracts presented by the applicable Travel Provider during the booking process (collectively, “User Agreements”).  You agree to seek and review each such User Agreement on the applicable Travel Provider’s website or elsewhere, and to perform each of your obligations under each User Agreement.  You also agree to defend, hold harmless and indemnify us and our affiliates from and against any damages, losses, liabilities, fines and expenses (including reasonable attorneys’ fees) incurred or sustained by us as a result of or related to your (or your travel companions’) failure to comply with the User Agreements. 

 

 

3.             Subscription to Membership; Fees 

 

If you choose to subscribe to our paid Membership (“Subscription”), you agree to pay the fees (“Fees”) as quoted to you when you purchase that Membership.  We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Membership (for example, currency exchange settlements).  You will pay the Fees in the currency Arvie quoted at the time of subscription.   

 

Arvie reserves the right to change its prices at any time.  However, if we have offered a specific duration and Fee for your Membership subscription, we agree that the Fee will remain in force for that duration.  After the offer period ends, your subscription to the Membership will be charged at the then-current Fee(s).  If you don't agree to these changes, you must cancel via email to [email protected] (with cancellation confirmation from Arvie).  If you cancel, your Membership ends at the end of your current Subscription period or payment period, no refunds for previously paid Fees will be issued, and you will no longer be able to access or use any paid Service. 

 

If you do not cancel in accordance with these Terms, the Subscription will automatically renew at the then-current price and term length for the next subscription period.  We will charge your credit card on file with us on the first day of the renewal of the subscription period. 

 

4.             Trial Membership 

 

From time to time, in our sole discretion, we may offer our users a free trial of our Membership.  You can sign-up for a trial for Membership and your trial period starts on the day you create the trial account and lasts for a number of days specified in the trial offer. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not wish to incur charges, you must cancel the account by the end of the trial period.  Trial Memberships are limited to one per household in any calendar year.  We reserve the right to accept or refuse free trial Memberships at our sole and absolute discretion. 

 

If you do not cancel your account and we have told you the account will be converted to a paid subscription at the end of the trial period, then you authorize us to charge your credit card for that specific Membership. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available unless we tell you otherwise when you subscribe to the Membership. 

 

5.             Billing; Membership Payment 

 

If you select a paid Subscription, you must provide us with current, complete, accurate and authorized payment method information (e.g., credit card information).  You authorize us to charge your provided payment method for the Subscription you have selected and for any paid feature(s) that you choose.  We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a paid Subscription, on a recurring basis.  To the extent Arvie has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts.  If you do not cancel your account, we may automatically renew your Subscription and charge you for any renewal term.  You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services, in addition to any collection or legal remedies we may have against you to collect the unpaid amount. 

 

If you select the monthly Subscription plan, you can switch to the annual subscription plan at any time.  If you select the Annual Subscription Plan, you may not change to the monthly Subscription plan until the end of the one-year term of your annual Subscription plan. 

 

Where required by law, you may have a legal right to cancel your subscription during the prescribed timeframe of your initial subscription period. If you are entitled to this right by law, your cancellation request will be processed within three (3) business days, and you will receive a prorated refund of any unused prepaid fees. 

 

Any discounts or promotions cannot be retroactively applied to past orders or Subscriptions. Promotional coupons are one use per household and cannot be combined with other promotional codes. 

 

6.             Payment Processing for Bookings 

 

When you book a reservation on Our Website, you will be asked to provide your authorized payment method information (e.g., credit or debit card information) directly to our third-party payment processing provider, Stripe.com.   Stripe will process a credit and debit card transaction on behalf of the Travel Provider with whom you are booking a reservation.  We do not see this payment information when it is being submitted on Stripe, and we do not have any control over the use of this information.   

  

Your payment will be bound by the Stripe terms of use, and any use of information you submit to Stripe is governed by and subject to the Stripe terms of use, your agreement with Stripe, and Stripe’s Privacy Policy 

  

You understand and agree that all payments and monetary transactions on Our Website for bookings are handled exclusively by Stripe.  We are not involved in the Stripe payment process, and we do not receive any portion of your booking payments, directly or indirectly, from Stripe or the Travel Provider. You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the Stripe platform to pay for a booking of the Travel Services, including without limitation, any erroneous, unauthorized or fraudulent charges. Moreover, we will not be responsible for any issues regarding or arising out of financial transactions between you and any other party, including Stripe and Travel Providers. 

  

We are not liable for loss or damage from errant or invalid transactions processed through Stripe. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed and in a correct amount. 

  

If you desire to obtain a refund, credit or adjustment relating to your booking for any reason, or to make any other inquiry or request regarding your booking, you need to contact Stripe or the Travel Provider that you have made a booking with. We are not able to issue or authorize any refund, credit or any other adjustment for a booking. 

  

The Travel Providers that you book with may require that you provide credit or debit card information for incidental charges, deposits, purchases and the like.  

 

 

7.              Intellectual Property 

 

We, along with our corporate affiliates, the Travel Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on Our Website except User Content. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-Arvie product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website. 

 

8.             Use of Our Website 

 

You may only use and register to become a user of Our Website if you are of sufficient legal age and can enter into binding contracts under the applicable laws. If you become a registered user or make a booking or purchase resulting in the creation of an account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected. 

 

You may only use Our Website to search for and book legitimate Travel Services; you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data. 

 

In addition, you agree not to do any of the following without prior express written permission from Arvie: 

 

•                    access the site with any manual or automated process for any purpose other than your personal use or for inclusion of Arvie pages in a search index. Use of any automated system or software to extract data from Our Website (“website scraping” or “screen scraping”), for commercial or non-commercial purposes, is prohibited; 

 

•                    violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website; 

 

•                    deep-link to any portion of Our Website for any purpose; 

 

•                    use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment; 

 

•                    reproduce, duplicate, copy, sell, trade, resell or exploit Our Website; 

 

•                    use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; 

 

•                    post or distribute any material on Our Website that violates the rights of any third party or applicable law; 

 

•                    use Our Website to collect or store personal data about others; 

 

•                    use Our Website for any commercial purpose; or 

 

•                    transmit any ad or promotional materials on Our Website 

 

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website.  

 

You further agree not to: 

 

•                    Circumvent, disable or otherwise interfere with security-related features of Our Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of Our Website or any content on the Website; 

 

•                    Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; 

 

•                    Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation; 

 

•                    Provide false or deceptive information; 

 

•                    Solicit personal information from anyone; 

 

•                    Delete, add or otherwise change other people’s User Content; 

 

•                    Remove or alter any copyright or other proprietary notices on or in connection with any content on Our Website; 

 

•                    Publicly disparage anyone or any User Content; 

 

•                    Publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity. 

 

Please report abusive content to [email protected] if you see it. 

 

In order to access certain features of the Services, you may be asked or required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Website that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the SNS via your account. You may also share SNS Content obtained or accessed through the Services with such Third-Party Account. 

 

You have the ability to disable the connection between your Arvie account and your Third-Party Accounts at any time by changing the relevant settings of such Third-Party Accounts or Our Website. 

 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THE THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY THE THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content. 

 

9.             Notify Us of Infringers 

 

If you believe any of the content on Our Website violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent under the Digital Millennium Copyright Act for the receipt of any Notification of Claimed Infringement is at the bottom of this section. 

 

In order for us to take action, you must do the following in your notice: 

 

•                    provide your physical or electronic signature; 

 

•                    identify the copyrighted work that you believe is being infringed; 

 

•                    identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it; 

 

•                    provide us with a way to contact you, such as your address, telephone number, or email; 

 

•                    provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and 

 

•                    provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed. 

 

Here is the contact information for our copyright agent: 

 

Arvie.com  

MBP Outdoor Ventures, LLC, a Florida limited liability company d/b/a/ Arvie.com 

[email protected] 

You should be aware that we cannot take action unless you give us all the required information. 

 

10.          Warranty Disclaimer 

 

Our Website, all content and Services (including the Travel Services) provided on Our Website are provided on an “as is” and “as available” basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not necessarily display all available providers and offers meeting search criteria. Accordingly, we cannot guarantee that we always display the lowest available price or correct booking availability or schedule. Arvie expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. 

 

WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE SITE OR THE SERVER THAT MAKES OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

11.          Our Liability Is Limited 

 

We (together with our officers, managers, members, employees, representatives, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation, lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of Our Website for reservations or booking); or (iii) the performance or non-performance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party. Any direct damages that you may suffer as a result of your use of Our Website, Services, Travel Services or User Contributions shall be limited to the greater of (a) the monies you have paid us in connection with your use of the Services (including the purchase of Travel Services or Subscription) during the three (3) months immediately preceding the events giving rise to the claim, and (b) USD $10.00.   

 

Our Website, the Services (including the Travel Services) and User Content may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors. We reserve the right, but undertake no obligation, to make changes, corrections, and/or improvements to Our Website and the Services at any time without notice. 

 

The operation of Our Website, Service and Travel Service may be affected by numerous factors beyond our (or our suppliers’ or vendors’) control. The operation of the service, whether by us, our suppliers or vendors, may not be secure. Security and privacy risks cannot be eliminated. Password protection and any other security measures may not prevent unauthorized access to User Content you may use or allow other persons to use in connection with using Our Website. 

 

We reserve the right to decline, cancel or modify a reservation or Subscription in our sole and absolute discretion for any or no reason, including where it appears that a customer has engaged in fraudulent or inappropriate activity or a customer intends to resell such services, or under other circumstances where it appears that the transaction contains or resulted from a mistake or error.  Verification of information may be required prior to our acceptance of any transaction.  We reserve the right to limit quantities of services or items purchased by each customer or household. 

 

Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you. 

 

12.          You Agree to Protect Us 

 

Subject to these Terms of Service, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website or the Intellectual Property. 

 

13.          Arbitration and Waiver 

 

You agree that by accepting the Terms, you and Arvie are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES ARVIE OR YOU HAVE RELATING IN ANY WAY TO THE SERVICES (INCLUDING ANY OF THE TRAVEL SERVICES) OR YOUR RELATIONSHIP WITH THE COMPANY (INCLUDING WITHOUT LIMITATION, WITH RESPECT TO DATA, YOUR INTERACTION WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES ARVIE SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ARVIE’S INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR ARVIE’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW. 

 

If you intend to seek arbitration, you must first send to Arvie, by certified mail, at 155 Professional Way, Suite 106, Ponte Vedra, FL 32082 a written Notice of Dispute (“Notice”). The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and Arvie cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and Arvie agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding. 

 

Unless unlawful, Arvie will pay its, and you will pay your, own lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. 

 

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR ARVIE HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH ARVIE. 

 

14.          Links 

 

Our Website may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website. 

 

15.          User Content 

 

Our Website and Services may, currently or in the future, contain or display user or other third party reviews, blogs, vlogs, travel guides, or other forums in which you can post content. If you use interactive areas on Our websites, you are solely responsible for the travel information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the “User Content”), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed. 

 

By posting User Content to Our Website, you represent that: (i) you are the owner of the User Content; or (ii) you have the right and license to use the User Content; or (iii) the User Content is in the public domain; or (iv) to your knowledge, no one else claims ownership of, or exclusive rights to, the User Content; and (v) you have the legal right to grant a license to us to use the User Content. 

 

When you provide us User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes. 

 

You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on Our Websites. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect. 

 

You understand that we do not control the User Content and will not be, in any way, responsible or liable for such User Content. 

 

We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted or otherwise published by any User, including yours, on Our Website. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity User may encounter when viewing User Content. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit or screen, without notice, any such User Content from Our Website at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of Users or to mitigate any risk of harm or liability to us or any User. 

 

Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on Our Website that: 

 

•                    is unlawful, harmful, inappropriate, false, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, promoting of harassment of a third party, threatening, in violation of privacy or publicity rights, abusive, inflammatory, offensive to the online community (such as, without limitation, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), fraudulent or otherwise objectionable; 

 

•                    would constitute, promote, encourage, provide instructions for, or enable conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any third party in any country of the world, or that would create liability or violate any local, state, national or international law, such as, without limitation, providing instructions or guides about attending or participating in illegal actives such as human trafficking or creating computer viruses; 

 

•                    may infringe any patent, trademark, trade secret, copyright, proprietary right or any other intellectual property right of any party; 

 

•                    constitutes mass mailings, “spamming,” junk mail, pyramid schemes, or chain letters; 

 

•                    impersonates any person or entity or misrepresents your affiliation with any person or entity; 

 

•                    is private information of any third party, including but not limited to, Social Security numbers, passwords, credit card numbers, addresses, email addresses, phone numbers, and any other information that enables a User to readily identify any third party; 

 

•                    contains restricted or hidden content; 

 

•                    includes or facilitates viruses, corrupt data or other harmful, destructive or disruptive files; 

 

•                    is unrelated to the topic or intended use of the area on Our Website, in our sole discretion; or 

 

•                    in our sole discretion, restricts or hinders any other person from using or enjoying Our Website. 

 

16.      General Requirements 

 

We may change Our Website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of Our Website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account. 

 

You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. 

 

If legal action or arbitration is necessary to collect fees or charges due from you, then you will reimburse us for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses. 

 

If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by law and all of the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, including Trips, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. 

 

To the extent permitted by law, the laws of the State of Florida (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website or these Terms, or our services, you agree to file such action only in the state and federal courts located in St. Johns County, Florida (USA); if you are a consumer, the law may allow you to also bring proceedings in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action. 

 

17.      Your Feedback 

 

We encourage you to share your comments and questions with us here, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Arvie products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Arvie. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise. 

 

Our Website is operated by: 

MBP Outdoor Ventures, LLC, a Florida limited liability company d/b/a/ Arvie.com  

155 Professional Way, Suite 106, Ponte Vedra, FL 32082, USA 

 

Last updated: March 22, 2022