3.1 Privacy. Spacious Skies Campgrounds is conscious and respectful of your personal information. We will maintain your personal and private information in confidence and will use such information only in accordance with our Privacy Policy which is incorporated herein. You are encouraged to regularly check the Website for updates and changes to the Privacy Policy, and your continued registration or link of Payment Method into the Website, and other transactions with us and our affiliates shall be deemed to constitute your agreement to and acceptance of any revision to or replacement of our Privacy Policy.

3.2  Electronic Signature Consent and Membership-Related Communications.

A. Consent. Operator requires that enrollment, participation and all documentation between you and us be electronically processed and that, except as otherwise herein provided, all of Operator’s written communications to you be conducted by electronic means. You therefore affirmatively consent and agree (initially and on an ongoing basis) that Operator may electronically provide to you the Program Materials and other all other disclosures, agreements, contracts, rules and regulations, account statements, receipts, modifications, amendments and all other documents, instruments and materials related to the Program (collectively, “Electronic Records”), including, for example, any amendment or updates to these Terms & Conditions or any other Program Materials. All Electronic Records may be delivered to your Provided Email Address (as defined below) or Operator may post such Electronic Records on the Website (including your Member Webpage). If Operator posts Electronic Records on the Website, Operator may send a message to your Provided Email Address. Operator reserves the right to send any or all Electronic Records or other records to you in paper form to your current postal mailing address on file. Electronic notices and Electronic Records delivered via telecommunication, whether to your Provided Email Address shall have the same force and effect as if delivered to you in paper form. You covenant and agree to regularly check the Website for communications pertaining to the Program Materials.

B. Scope and Withdrawal of Consent. Your consent and agreement to receive communications and to transact business electronically, and Operator’s agreement to do so, applies to all Electronic Records, as well as all Operator and/or partner/affiliate marketing communications and other offers, benefits and other similar communications.  You hereby further agree and consent to the general use of electronic signatures in connection with the Program and the Program Materials, and you agree to be bound whenever you click on an “Agree”, “Accept,” “Submit” or a similar mechanism, or otherwise manifests assent on the Website, at which time a valid, binding and enforceable contract shall be formed. The Website, your Member Webpage (if any), and any electronic communication contemplated by the Program Materials, including delivery of Electronic Records, are Internet-based programs, and are therefore subject to potential malicious interference by third-parties.  You understand and accept this risk and agrees that Operator shall not be liable for any damages related thereto.  The withdrawal of your consent to electronically transact business with Operator will result in the termination of your participation in the Program. Withdrawal may be performed by submitting a tangible, non-electronic request to Operator at the address listed in Section 3.12 hereof, and subsequently confirming such request via telephone. Withdrawal will not affect the legal validity and enforceability of prior Electronic Records.

C. Paper Copy. You have the right to receive a paper copy of these Terms & Conditions. To request a paper copy you must submit a tangible, non-electronic request to Operator at the address listed in Section 3.12 hereof, with the details of your request. Paper copies will be provided to you at no charge within fourteen (14) days of Operator’s actual receipt of the written request.  You further have a right to a paper copy of all Electronic Records and may use the foregoing procedures to request such copies at no charge, provided, however, that Operator shall have no duty to provide any paper copy of any Electronic Records unless your request for such Electronic Records is actually received by Operator within fourteen (14) days of the transmission of such record or records to you.

D. Equipment and Software Requirements. To receive Electronic Records and to access the Website, you need to have a computer with (i) access to the Website, (ii) an active email account at the Provided Email Address, and (iii) the current version of Microsoft Edge, Microsoft Internet Explorer, Google Chrome, or Mozilla FireFox and/or Safari. You represent that you have such equipment and software and that you are able to download, access, read, review, print and store the Electronic Records provided to you.  Operator will notify you in the event that Operator changes hardware or software requirements which will materially affect your ability to access any Electronic Records.

3.3  E-mail Communications for Your Membership.  You agree to maintain the e-mail address provided to Operator (your “Provided Email Address”) as a valid, active email address.  If you fail to maintain a valid Provided Email Address, then any notice Operator sends to your old email address shall be deemed sufficient notice. You may update the Provided Email Address on your Member Webpage or by submitting a tangible, non-electronic request to Operator at the address listed in Section 3.12 hereof, and subsequently confirming such request via telephone. You acknowledge and agree that the Internet is inherently insecure, and that Operator has no liability to you for any loss, claim or damage arising or in any way related to Operator response(s) to any e-mail or other electronic communication that Operator in good faith believes you to have submitted to Operator. Operator has no duty to investigate the validity or to verify any e-mail or other electronic communication.  Operator may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to Operator undelivered may be re-sent to you at any other e-mail address that Operator has in your file, unless you have previously informed Operator through electronic or written notice that an e-mail address is no longer valid. Although Operator has no obligation to do so, Operator reserves the right to require authentication of e-mails or electronic communications. Operator will have no obligation, liability or responsibility to you or any other person or entity if Operator does not act upon or follow any instruction to us in the event that a communication cannot be authenticated to your satisfaction.

3.4 Marketing Communications. Upon enrolling in the Program, you will begin receiving emails regarding the Program Benefits, as well as emails for promotions and specials for other products and services offered by Operator and our affiliates. You expressly consent and agree that Operator and its affiliates, agents and service providers may use written, electronic and verbal means to contact you. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. You acknowledge that Operator and our respective affiliates, agents, and service providers may monitor or record all calls to and from their office. You agree that Operator and its affiliates, agents and service providers may use any email address or telephone number you provide, now or in the future, including a number for a mobile/cellular phone or other wireless device, regardless of whether you incur charges as a result, as well as communications for the following purposes: (i) to resolve an issue or dispute regarding your account; (ii) in connection with payment processing; (iii) to collect on a debt; or (iv) as otherwise necessary regarding your account. You may opt-out of promotional marketing by emailing us at camper@spaciousskiescampgrounds.com, calling us at (862) 777-0319, or submitting a written request to Spacious Skies Campgrounds, 80 Morristown Road, Unit 3B-272, Bernardsville, New Jersey 07924 Attn: Marketing Opt-Out. Members who have opted out of receiving promotional marketing communications from us will still be able to participate in the Program and receive communications about their Membership.

3.5  Limitation of Liability. OPERATOR SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSONS OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO the Program INCLUDING WITHOUT LIMITATION, Program Benefits, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. OPERATOR’SS LIABILITY FOR ANY CLAIM ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF THE TERMS & CONDITIONS, ANY OTHER PROGRAM MATERIALS, ANY PROGRAM BENEFITS, AND/OR THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE PROGRAM BENEFITS PROVIDED BY OPERATOR HEREUNDER SHALL BE AND HEREBY ARE EXPRESSLY LIMITED TO TOTAL AMOUNT PAID BY MEMBER TO OPERATOR HEREUNDER. IN NO EVENT SHALL OPERATOR BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS SECTION SHALL EXTEND TO, BENEFIT, AND EXPRESSLY APPLY TO OPERATOR AND ITS AFFILIATES, SUCCESSORS, ASSIGNS AND AGENTS.

3.6  AML and OFAC Compliance.  You represent and covenant to Operator that you are not and will not become, an OFAC Prohibited Person, and you are not acting and will not act as an agent or nominee in connection with this transaction on behalf of an OFAC Prohibited Person. You agree to provide Operator at any time during your Membership Term with such information as Operator determines appropriate to comply with the Anti-Money Laundering Laws of the United States and similar laws. Operator may suspend performance under these Terms & Conditions, including your use of Program Benefits, while Operator performs investigations of Member to ensure that such Member is not an OFAC Prohibited Person.  If Operator is unable to determine, in its sole discretion, that you are not an OFAC Prohibited Person, Operator may cancel and terminate your participation in the Program by giving notice to you.

3.7  Website Use.  Your use of the Website is governed by the Website Terms of Use, which are incorporated herein by this reference.

3.8  Force Majeure.  Operator does not assume, AND HEREBY EXPRESSLY DISCLAIMS, any liability or responsibility, without limitation, for any damage, expense, inconvenience, loss, injury, death or damage to persons or property in connection with the Program, or for any cause whatsoever due to delays, cancellations due to nature, pandemics, mechanical breakdowns, strikes, civil unrest, terrorism (or threat of terrorism) or acts of God.

3.9  Void Where Prohibited by Law. If the Program, in its entirety, is prohibited in any jurisdiction, the Program shall be void where so prohibited. If any aspect of the Program is prohibited in any jurisdiction, such aspect shall be void where so prohibited, and references thereto in the Program Materials, to the extent governed by such jurisdiction, shall be read so as to remove such prohibited aspects without modification to the remainder of the Program and Program Materials.

3.10  Dispute Resolution/Arbitration.

PLEASE READ THIS PROVISION OF THESE TERMS OF USE CAREFULLY. IT PROVIDES THAT CERTAIN DISPUTES MUST BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION YOU GIVE UP THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES AND ARE SUBJECT TO VERY LIMITED REVIEW.

A. Dispute Resolution/Arbitration. Any Disputes relating to your enrollment or participation in the Program and/or the Program Materials shall be resolved as follows:

1. 1. Purpose; Definitions of Disputes. Any Dispute shall be determined exclusively and finally by individual arbitration, unless you have exercised your opt-out right pursuant to clause (x) of this Dispute Resolution/Arbitration section and except as otherwise specified in such section. This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to arising from your enrollment or participation in the Program and/or the Program Materials. The “Parties” means you and Operator.
   2. Neutral Arbitrator/No Jury. Any Dispute will be submitted to a neutral arbitrator, for a final and binding determination, known as an award. The arbitrator is an independent decision maker, appointed by the American Arbitration Association (“AAA”), who reviews and weighs evidence provided by all parties, and issues an award enforceable in court. Decisions by an arbitrator are subject to very limited review by a court. Except as expressly provided below in this Dispute Resolution/Arbitration section, you and Operator waive and relinquish any and all rights to have a court or a jury resolve any Dispute. The Parties expressly waive any right to a jury trial.
   3. Individual Basis/No Class Actions. Any Disputes will be arbitrated on an individual basis. There will be no right or authority for any Dispute to be arbitrated or litigated in any way on a class, mass, or other collective basis, and the Parties waive any right to bring or join any representative or other claim brought on behalf of the general public, other users, or other persons similarly situated. Neither you nor Operator may participate in a private attorney general proceeding in court or in arbitration with respect to any Dispute. No Disputes involving the Parties may be joined or consolidated with Disputes by or against any other person. Notwithstanding any language in this Dispute Resolution/Arbitration provision to the contrary, any dispute about the validity or effect of this clause (iii) shall be resolved by a court and not an arbitrator.
   4. Certain Carve-Outs. Despite this arbitration provision, the Parties reserve certain rights to proceed in court without waiving their right to arbitrate under this Dispute Resolution/Arbitration provision: (a) Operator reserves the right to seek emergency injunctive relief from a court to address any circumstances or behavior, by you or any person that Operator believes may present a risk or threat to the safety, security or reputation of any person, location, data system, or other feature or otherwise related to the Program, the Website and/or the Program Materials; and (b) you shall have the right to file a Dispute in small claims court in your city of residence, as long as the matter remains in small claims court and proceeds only on an individual basis; and (c) no provision of this Dispute Resolution/Arbitration provision shall limit the right of any Party to seek and use any available remedies, judicial or otherwise, for the purpose of collecting upon or accelerating any debt involved in any Dispute. Any such collection and/or acceleration process shall be governed by applicable law and such procedures may occur outside the arbitration process either Party so elects, and such election shall not be deemed a waiver of the right to arbitrate any other issue involved in a Dispute.
   5. Applicable Rules/Location. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitration shall be administered by the AAA under its Consumer Arbitration Rules, available online at www.adr.org or by calling the AAA at 1- 800-778-7879 (the “AAA Rules”) except that the Parties expressly agree that the AAA Supplementary Class Rules shall not apply, given the express class waiver above, and further agree that Rules 14(a) and 53 of the Consumer Arbitration Rules shall not authorize any arbitrator or court to find that any class, mass, collective or representative claim may be arbitrated. The arbitration shall be held in Somerset County, New Jersey, unless the Parties agree to another location in writing, or the arbitrator decides to hold a telephonic hearing to reach a decision based solely on the Parties’ submission of documents, or to designate another location reasonably convenient for the Parties. In the event of any conflict between the AAA Rules and these Terms & Conditions, the provisions of these Terms & Conditions shall be controlling.
   6. Stay of Proceedings. In the event that a Dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the Parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration, except for any proceedings described in clause (iv) of this section above, which actions shall proceed without a stay.
   7. Final and Binding. The arbitration award shall be final and binding on the Parties, except for any appeal right under the FAA. Judgment on the arbitrator’s award may be entered in any state or federal court of competent jurisdiction. To the extent this arbitration provision conflicts with any other agreement between the Parties, this arbitration provision shall govern.
   8. Payment of Fees. The payment of all fees for registration, filing and administration of the arbitration, and the payment of arbitrator fees, shall be governed by the AAA Rules and applicable law, unless otherwise stated in these Terms & Conditions. The Parties shall bear their own legal fees and legal expenses for any arbitration proceeding.
   9. Notice and Good Faith Negotiation. Any Party intending to file an arbitration demand against the other Party must notify the other Party at least thirty (30) days before filing. The Parties agree to attempt to negotiate a mutually agreeable resolution to resolve any such dispute or claim during this period. If a Party filing an arbitration demand fails to provide that notice, the other Party is entitled to seek a stay of the arbitration proceeding from the AAA for thirty (30) days and to participate in settlement negotiations during that period in good faith. Any written notice required or desired to be given hereunder shall be deemed given when personally delivered or after three (3) days deposit in the U.S. Mail, first class postage prepaid or one (1) day after acceptance by a nationally recognized overnight courier service, addressed to the address given herein or such subsequent address as is given by proper notice.
   10. Opt out Right. IF YOU DO NOT WANT THIS ARBITRATION PROVISION TO APPLY, WITHIN 30 DAYS OF YOUR INITIAL ENROLLMENT IN THE PROGRAM YOU MUST SEND A SIGNED LETTER TO THE COMPANY AT SPACIOUS SKIES CAMPGROUNDS, 80 MORRISTOWN ROAD, UNIT 3B-272, BERNARDSVILLE, NEW JERSEY 07924 ATTN: ARBITRATION OPT-OUT STATING THAT THE ARBITRATION PROVISION DOES NOT APPLY. OPTING OUT OF ARBITRATION WILL NOT AFFECT ANY OTHER PROVISION OF THESE TERMS OF USE.

B. Complete Waiver of Jury Trial. TO THE EXTENT A CLAIM BY ONE PARTY AGAINST THE OTHER PARTY IS NOT SUBJECT TO THE ARBITRATION PROVISION OR TO THE EXTENT AN OTHERWISE ARBITRABLE DISPUTE IS LITIGATED IN COURT, THE PARTIES HEREBY UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY AND ALL SUCH CLAIMS, DISPUTES, OR CAUSES OF ACTION, WHETHER NOW EXISTING OR HEREAFTER ARISING, OF ANY KIND. THE PARTIES HEREBY AGREE A COPY OF THESE TERMS OF USE MAY BE FILED WITH ANY COURT AS WRITTEN EVIDENCE OF THE WAIVER OF ANY RIGHT TO TRIAL BY JURY.

C. Complete Waiver of Class Action. TO THE EXTENT A CLAIM OR DISPUTE IS NOT SUBJECT TO THE ARBITRATION PROVISION OR TO THE EXTENT AN OTHERWISE ARBITRABLE DISPUTE IS LITIGATED IN COURT, THE PARTIES AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, MASS, OR OTHER COLLECTIVE ACTION, AND THE PARTIES WAIVE ANY RIGHT TO BRING, JOIN, CONSOLIDATE WITH, OR PARTICIPATE IN ANY REPRESENTATIVE OR OTHER CLAIM BROUGHT ON BEHALF OF THE GENERAL PUBLIC, OTHER WEBSITE USERS, OR OTHER PERSONS SIMILARLY SITUATED.

D. Governing Law, Jurisdiction and Venue.

1. 1. All matters relating to your enrollment or participation in the Program and/or the Program Materials, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
   2. These Terms & Conditions evidence a transaction or series of transactions, and a relationship, involving interstate commerce so as to ensure the applicability of the Federal Arbitration Act (“FAA”). Accordingly, this Arbitration Provision shall be governed by the FAA and not state arbitration laws, provided that New Jersey law shall govern to the extent that state law is relevant under the FAA in determining the enforceability of the arbitration provision, and otherwise relating to your enrollment or participation in the Program and/or the Program Materials.
   3. To the extent that a claim or Dispute is not subject to the arbitration provision, the Parties agree that any such claim or Dispute, to the maximum extent permissible under applicable law, shall be limited to exclusive personal jurisdiction in the courts of Somerset County, New Jersey. Except as prohibited by law, the Parties waive any and all objections to the exercise of jurisdiction of such courts and to venue in such courts.

E. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

3.11  Entire Agreement.  No oral promises, representations, or statements are part of these Terms & Conditions or any other Program Materials. These Terms & Conditions and the other Program Materials collectively constitute the entire agreement between you and Operator. Except as provided herein, Operator makes no warranty regarding the Program Benefits. If any provision in these Terms & Conditions or the Program Materials is unenforceable, the unenforceability will not affect the validity of any other provision.

3.12  Currency. Except as otherwise provided in the Program Materials, all payments to Operator, and all references herein to “$” or “Dollars” shall mean dollars and cents of the lawful currency of the United States.  If you are located outside of the United States, your local currency will be converted into U.S. dollars at the time of purchase using a published rate of exchange in effect at time of conversion. This rate will be determined at our sole discretion, based on standard currency conversion methods, but may vary from currency conversion rates used by credit card companies. In addition, if you are located outside of the United States and/or if U.S. Dollars are not the primary currency of your Payment Method, you may be subject to conversion fees imposed by your Payment Method and/or merchant processors.

3.13  NEW HAMPSHIRE ENROLLMENTS. This section applies only if Member enrolls from a location within New Hampshire, in which case the following provisions are included herein:

NOTICE TO PROSPECTIVE MEMBER: DO NOT E-SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT E-SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.

MEMBERS’ RIGHT TO CANCEL

IF YOU WISH TO CANCEL THIS CONTRACT, YOU MAY CANCEL BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE COMPANY. CERTIFIED MAIL WOULD PROVIDE GREATER PROTECTION THAN FIRST-CLASS MAIL, BUT IS NOT NECESSARY. IF YOU DELIVER THE NOTICE PERSONALLY, YOU ARE ENTITLED TO A RECEIPT. YOUR NOTICE MUST MAKE KNOWN THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT. IF THE NOTICE IS DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT, YOU ARE ENTITLED TO A REFUND OF THE ENTIRE CONSIDERATION PAID FOR THE CONTRACT. OTHER CANCELLATION ENTITLES YOU TO A PRO RATA REFUND FOR THOSE DAYS REMAINING ON THE CONTRACT. THE NOTICE MUST BE DELIVERED OR MAILED TO SPACIOUS SKIES CAMPGROUNDS, 80 MORRISTOWN ROAD, UNIT 3B-272, BERNARDSVILLE, NEW JERSEY 07924 ATTN: RESCISSION. IF YOU CANCEL, WE ARE REQUIRED TO RETURN, WITHIN 10 DAYS OF THE DATE ON WHICH YOU GIVE NOTICE OF CANCELLATION, ANY PAYMENTS YOU HAVE MADE.

3.14  NORTH CAROLINA ENROLLMENTS. This section applies only if Member enrolls from a location within North Carolina, in which case the following provisions are included herein: You, the customer, may cancel this contract at any time and receive a total refund of any fees or consideration already paid for the current membership period. To cancel you must notify the company in writing of your intent to cancel.

3.15  Operator Information. Spacious Skies Campgrounds, LLC, a Delaware limited liability company, 80 Morristown Road, Unit 3B-272, Bernardsville, New Jersey 07924. Telephone: (862) 777-0319. Email: camper@spaciousskiescampgrounds.com.