The App connects individuals seeking land for camping, livestock grazing, recreation, or other activities (“Guests”) with listings of land or other real property available for one or more of those activities (“Listings”) owned by hosting landowners offering Listing for such use (“Listing Hosts”). The App allows Guests to make reservations for access to and use of Listings for specified purposes in accordance with the terms provided by the Listing Host (each, a “Reservation”). These Terms apply to Guests, Listing Hosts, and visitors to the App. Additional, separate terms and conditions may apply to certain users or uses of the App.

By downloading or installing the App or using the App in any manner, you accept and consent to these Terms and all documents incorporated herein by reference. You can also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, by creating an account, or by clicking “sign up” or any similar mechanism. You also acknowledge that you have read and understand our Privacy Policy, incorporated herein by this reference. If you do not agree to these Terms, do not access or use the App.

To use the App, you must (a) be at least 18 years of age; (b) reside in a jurisdiction where the App is offered and where it is lawful to use; and (c) represent that you have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which you access the App. You may not access or use the App if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our products or services. By using the App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these eligibility requirements or if you do not agree to these Terms, you may not use the App.

You must sign up and create a user profile on the App. You agree to only submit information that is true, accurate, current, and complete and to maintain and promptly update your information as needed. You are responsible for maintaining the confidentiality of your login information, and you are responsible for all activities that occur using your access credentials. Some Services may not be available to all users. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Host is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your choice to share any data associated with your account with others. Host reserves the right to require a user to provide proof of their identity. Host may suspend or revoke access to the App at any time if a user fails to provide an acceptable form of ID or if Host is unable to verify the user’s identity. Identity verification on the Internet is difficult and Host cannot, and we do not, assume any responsibility for the confirmation of an App user's purported identity. YOU ACKNOWLEDGE AND AGREE THAT (I) HOST SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY AN IDENTIFICATION, ACCOUNT, OR LOGIN CREDENTIAL ON THE APP AND (II) THE UNAUTHORIZED USE OF YOUR IDENTIFICATION, ACCOUNT, OR LOGIN CREDENTIALS OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO HOST OR OTHER USERS.

Upon our creation of a profile on the App and acceptance of these Terms, Host grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to access, download, install, and use the App for your own personal, non-commercial purposes, subject to these Terms. The App are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of Host or any third party, except as expressly provided in these Terms. We reserve all rights not expressly granted in these Terms.

You assume all risks associated with dealing with other users with whom you come in contact through the App, and, to the extent that the law permits, you release us from any claims or liability related to any of Your Content posted via the App and from any claims related to the conduct of any other users. Host reserves the right, but has no obligation, to intercede in such disputes. You agree that Host will not be responsible for any liability incurred as the result of such interactions. Host is not a party to any transaction between Listing Hosts and Guests, including any Reservation. You acknowledge and agree that you, and not Host, will be responsible for performing the obligations of any agreement you may have with any other user (including without limitation any Reservation), that Host is not a party to such agreement, and that, except with respect to payment obligations expressly set forth hereunder, Host disclaims all liability arising from or related to any such agreements. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP, INCLUDING WITHOUT LIMITATION GUESTS AND LISTING HOSTS. YOU UNDERSTAND THAT HOST DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER GUESTS OR LISTING HOSTS. HOST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OF THE APP OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE APP. PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER APP USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT HOST DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER OR VERIFY THE ACCURACY OF ANY LISTING.

The App includes features that allow you to post content in the form of Listing content (descriptions, photos, maps, etc.), comments, reviews, message boards, and direct messages sent via the chat feature (collectively, “Your Content”). By transmitting or submitting Your Content while using the App, you affirm, represent and warrant that your Content is accurate and not confidential, does not violate any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose Personal Information is included in Your Content. You also represent and warrant that Your Content is free of viruses, adware, spyware, worms, or other malicious code. Host does not control, endorse, or verify any of Your Content. You understand that we may use Your Content to provide and improve the App and for statistical, analytical, reporting and other purposes (see our Privacy Policy). In consideration for your use of the User Content features, you grant to Host an irrevocable, worldwide, royalty-free, fully paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform Your Content in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting the App, our products and the App. You acknowledge that Host may modify Your Content for any purpose. However, we have no obligation to use Your Content, and our use of Your Content does not create or imply any endorsement of or affiliation with you. Host reserves the right to remove or modify any of Your Content that we deem objectionable in our sole discretion. You are solely responsible for Your Content and the consequences of posting it online. We take no responsibility and assume no liability for any of Your Content that you or a third-party post or sends on or through the App, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. EXCEPT FOR OUR OBLIGATIONS TO PROTECT YOUR PERSONAL INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, HOST ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

Unless otherwise expressly indicated, the information contained on the App, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing in the App, and other materials, as well as names, logos, taglines, trade dress, and other trademarks, on the Site or in our other Services, are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Contents”) owned, controlled, or licensed by Host or its affiliates, or are the property of their respective owners. Except as expressly provided herein, no license to or regarding any of the Contents is granted in connection with your use of the App. You understand that your use of the App does not authorize you to use any Contents in any manner other than specifically authorized by these Terms. You may not use our Contents in any way that might confuse or that disparages us. Any other use of the Contents in the App including reproduction for purposes other than as noted herein, without the prior written permission of Host, is strictly prohibited.

You represent and warrant that (a) you will use the App in compliance with applicable laws; (b) any information you submit to us is truthful and accurate; (c) you will maintain the accuracy of that information; (d) you will not do anything that might jeopardize the security of your account; and (e) you will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Any information that you provide to us will also be subject to our Privacy Notice. You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the App or any portion thereof (including our Content) or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the App. Tampering with the App, conducting fraudulent activities on the App and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the App. You further agree not to (i) upload any Your Content (defined above) or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (iii) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (v) use the App in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the App, or which may expose us or our users to any harm or liability of any type. You are strictly prohibited from violating or trying to violate our security features, such as by (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of the App or any activity being conducted on the App. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the App other than the search engine and search agents that we make available via the App and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

You must have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”) to use the App on a mobile device. The Software Requirements are listed on the relevant application page. App software may be upgraded from time to time to add support for new functions. The App may request certain privacy permissions from time to time such as access to your geolocation or mapping applications, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the App. Data and messaging charges may apply to your use of the App or any text messaging or photo sharing features you use via the App. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for use of the App. From time to time, we may, in our sole discretion, develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, and/ or new features(collectively, including related documentation, “Updates”).Updates may also modify or delete in their entirety certain features and functionality.You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.Based on your device settings, when an internet - connected device is connected to the internet, either(a) the App will automatically download and install all available Updates; or(b) you may receive notice of or be prompted to download and install available Updates.You agree to promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so.You further agree that all Updates will be deemed part of the App and be subject to these Terms.

We may make versions of the App available for testing and evaluation purposes prior to their release to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except that we may discontinue the App or your ability to use a Beta Version at any time, with or without notice and without further obligations to you. By participating in a Beta Version test, you consent to Host accessing all data, including your Personal Information, input or collected via your use of the App for Host to identify bugs, discrepancies, errors, or improvements in the App. You also understand and agree that we may contact you to learn more about your use of the App or related activities to improve the App. You agree to notify us of all comments or suggestions about the App, including without limitation any problems and ideas for improvements, which come to your attention during use of the Beta Version. By permitting you to access, download, install or use a Beta Version, we do not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information. Host reserves the right to condition your access to and use of a Beta Version on your execution of a Nondisclosure Agreement.

We respect the intellectual property of others, and we ask our users to do the same. If you believe in good faith that any material on the App infringes a copyright in your work, a notification of the alleged copyright infringement should be emailed to our Copyright Agent at: support@hosttravel.org (Subject Line: "DMCA Takedown Request"). To be effective, the notification must be in writing and contain the following information:

You may terminate these Terms at any time by deleting your Host account, deleting the App from your device, and discontinuing all use of the App and other Host products and services. Once you delete your account, data associated with your account may no longer be available to you. If you terminate these Terms, if applicable we will retain any fees or other amounts you already paid to us under these Terms. We may terminate your use of the App and these Terms immediately upon giving notice to you if you breach any of these Terms or any other agreement between you and us. In addition, we may terminate your use of the App and these Terms at any time and for any other reason. Cause for such termination includes, but is not limited to, (a) breaches or violations of these Terms or any agreement or policy incorporated herein; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the App (or any portion thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; and/or (g) nonpayment of any fees owed by you in connection with the App. Termination of your account may include (i) removal of access to all offerings within the App; (ii) deletion of your data and User Content; and (iii) barring of further use of the App. You agree that all terminations for cause shall be made in Host’s sole discretion and that Host shall not be liable to you or any third party for any termination of your account or access to the App. Sections 10 though 16 and 18 through 22 shall survive termination of your account and/or the Terms. Upon termination of these Terms (x) the rights and licenses granted to you herein shall terminate as to the terminated rights; (y) you shall cease all use of the App that have been terminated; and (z) Host may at its own discretion remove and/or purge data, Account information, and any other information obtained by us in connection with providing you the App. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

YOU USE THE APP AT YOUR OWN RISK. THE APP AND ALL COMPONENTS THEREOF ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HOST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Without limiting the generality of the foregoing, we make no warranty that the App or our Contents will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the App or any Contents. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HOST IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HOST LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

NEITHER HOST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PROVIDED BY LAW, HOST WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT RETAINED BY HOST FROM YOU IN THE TRANSACTION OR OTHER ACT OR OMISSION GIVING RISE TO SUCH LIABILITY; (B) $100; OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD HOST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIMS, SUITS, ACTIONS, DEMANDS, DISPUTES, ALLEGATIONS, OR INVESTIGATIONS BROUGHT BY ANY THIRD PARTY, GOVERNMENTAL AUTHORITY, OR INDUSTRY BODY, AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING WITHOUT ARISING OUT OF YOUR CONTENT, YOUR USE OF (OR INABILITY TO USE) THE APP, YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAW OR LISTING RULES, YOUR INTERACTION WITH ANY USER OR LISTING, OR THE USE, CONDITION OR RENTAL OF A LISTING BY YOU. THE FOREGOING INCLUDES, WITHOUT LIMITATION, ANY INJURIES, LOSSES, OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF A RENTAL, RESERVATION OR USE OF A LISTING. HOST RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH HOST IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS.

Notwithstanding Section 20, if your use of a Listing in connection with a Reservation results in any damage to such Listing, you will compensate the Listing Host of such Listing for any such damage. In the event that a Listing Host alleges that a Guest’s use of such their Listing in connection with a Reservation results in any damage to such Listing (each, a “Damages Claim”), the Guest will be notified of such Damages Claim. After being notified of the Damages Claim and given forty-eight (48) hours to respond to such Damages Claim in accordance with the methods set forth in the notice, payment in the amount alleged by the Listing Host in the Damages Claim will be charged to and taken from the payment method on file in the Guest’s Host account. You agree that we are authorized to immediately charge your account for all fees and charges due and payable hereunder and that no additional notice or consent is required. IF WE ARE UNABLE TO CHARGE THE PAYMENT METHOD ON FILE OR OTHERWISE COLLECT PAYMENT FROM YOU IN CONNECTION WITH A DAMAGES CLAIM, YOU AGREE TO REMIT PAYMENT IN THE AMOUNT ALLEGED IN THE DAMAGES CLAIM TO THE APPLICABLE LISTING HOST OR TO HOST, AS APPLICABLE. YOU AGREE TO COOPERATE WITH AND ASSIST HOST IN GOOD FAITH, AND TO PROVIDE US WITH SUCH INFORMATION AND TAKE SUCH ACTIONS AS MAY BE REASONABLY REQUESTED BY US, IN CONNECTION WITH ANY DAMAGES CLAIM. Upon Host’s reasonable request and at no cost to you, you agree to participate in mediation or similar resolution process in connection with any disputed Damages Claim, which process will be conducted by _______

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Except as provided in Section 19, you agree that any dispute, controversy or claim between you and Host arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the App to you; (3) your access to or use of the App; (4) your Listing, Reservation, or use thereof or any interaction with other users related to the App; or (5) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.