Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE [SPACIOUSSKIESCAMPGROUNDS.COM] WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE [SPACIOUSSKIESCAMPGROUNDS.COM] WEBSITE.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will (a) eliminate your right to a trial by jury; and (b) substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings. Please review the section entitled “Dispute Resolution/Arbitration” hereof carefully in respect to those rights.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Website by electronic means, including posting such information and materials online at [spaciousskiescampgrounds.com].

Acceptance of the Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the internet site with the domain name of [spaciousskiescampgrounds.com], including any pages, content, functionality, and services offered on or through such internet site (collectively, the “Website”). The Website is owned and/or controlled by Spacious Skies Campgrounds, LLC (together with its affiliates, collectively, the “Company,” “we,” “our,” or “us”).

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and that you live in the United States. If you do not meet all these requirements, you must not access or use any Website.

Accessing the Website and Account Security

We reserve the right to withdraw or amend each web page, and any service or material we provide on such Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of any Website, or the entire Website, to users, including registered users to the extent applicable.

You are responsible for making all arrangements necessary for you to have access to any Website you wish to use, as well as ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access any Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of such Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or any programs which we make available, purchase our products or services, or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information in connection with your enrollment in Spacious Skies Campgrounds Loyalty or otherwise as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, 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 of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately or at any subsequent time as determined by the Company in its sole discretion, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Spacious Skies Campgrounds or other Company names and/or logo(s), and all related product and other names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Canada or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

Should you breach these Terms of Use, we have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any Website.
• Terminate or suspend your access to all or part of any Website for any or no reason, including without limitation, any violation of these Terms of Use.
• Terminate or suspend your participation in any of our programs, products or services, including the loss of property which is registered with us, such as a membership and/or property related thereto.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information unless required by applicable law. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by affiliates, business partners, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, including our affiliates and subsidiaries, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your permissible contributions to the website by way of user name, password or other personal information or otherwise, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

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.

Dispute Resolution/Arbitration. Any Disputes relating to the Website and these Terms of Use shall be resolved as follows:

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 these Terms of Use and/or your use of the Website. The “Parties” means you and us.
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, the Parties 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 of the Parties 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 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: (i) we reserve the right to seek emergency injunctive relief from a court to address any circumstances or behavior, by you or any person that we believe 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 Website; and (ii) 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 (iii) 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 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 of Use, the provisions of these Terms of Use 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 of Use. 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 VISIT TO THE WEBSITE 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.

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.

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.

Governing Law, Jurisdiction and Venue

1. All matters relating to your use of the Website, 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 of Use 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 use of the Website.
3. To the extent that a claim or Dispute is not subject to the arbitration provision, the you and us 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.

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.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of any Website thereafter. Your continued use of any Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you

Entire Agreement

The Terms of Use and our Privacy Policy, together with the Spacious Skies Campgrounds Loyalty Terms and Conditions (to the extent referenced herein and as such relate to your participation in Spacious Skies Campgrounds Loyalty) constitute the sole and entire agreement between you and the Company regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

Your Comments and Concerns

This website is operated by the Company at 80 Morristown Road, Unit 3B-272, Bernardsville, New Jersey 07924. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to such address.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ENROLLING OR PARTICIPATING IN THE Spacious Skies Campgrounds Loyalty Program, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND ALL TERMS INCORPORATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENROLL OR PARTICIPATE IN THE Spacious Skies Campgrounds Loyalty Program.

You agree that we may provide updates, notices, disclosures and amendments to these Terms & Conditions, and other information relating to the Spacious Skies Campgrounds Loyalty Program by electronic means, including posting such information and materials on the SpaciousSkiesCampgrounds.com website (the “Website”).

The Spacious Skies Campgrounds Loyalty Program (the “Program”) is a paid membership program that entitles Members to the Program Benefits described herein. These Spacious Skies Campgrounds Loyalty Program Terms & Conditions (“Terms & Conditions”) govern your enrollment and participation in the Program, including your enjoyment of the benefits of the Program described in Article 2 below or otherwise made available to Members from time to time (the “Program Benefits”). The terms “we”, “us”, “our” and “Operator” refer to Spacious Skies Campgrounds, LLC, the owner and operator of the Program. The terms “you,” “your,” and “Member” refer to members of the Program.

Membership in the Program (“Membership”) is offered to you conditioned upon your acceptance of these Terms & Conditions, including the mandatory arbitration provision set forth in Section 3.10 hereof, which such provision will (a) eliminate your right to a trial by jury; and (b) substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.  If you agree to be bound by these Terms & Conditions, you should click on the “I agree to the Spacious Skies Campgrounds Loyalty Program Terms & Conditions” selection on Spacious Skies Campgrounds Loyalty Program enrollment page on the Website. If you do not agree to be bound by these Terms & Conditions, you should not click the described selection. Failure to agree to these Terms & Conditions means you will not be able to enroll or participate in the Program.

In addition to these Terms & Conditions, your participation in the Program is subject to any rules, terms and/or conditions which we may promulgate in respect to any one or more Program Benefits (“Program Benefit Rules”), our Privacy Policy, our Website Terms of Use, and any and all Program-related content posted on the Website and/or otherwise communicated to Members (“Program Content,” and together with the other materials described in this paragraph, collectively, the “Program Materials”).

ARTICLE 1:  ENROLLMENT AND MEMBERSHIP

1.1  Membership Fee and Auto-Renewal. The Program is a paid membership program that automatically renews at the end of your Membership Term unless you cancel it. We currently offer “Membership Terms” of one year (“Annual”). As of February, 2023, the “Membership Fee” is $31.90 per year (Annual) plus tax (if applicable).

Your Membership automatically renews at the end of your Membership Term. You can opt-out of autorenewal through your your personalized, secure Member webpage(s) on the Website (collectively, your “Member Webpage”) or by contacting our customer service department at (862) 777-0319. If you opt-out, your Membership will be terminated at the end of the applicable Membership Term.

Unless you notify us that you do not want to auto renew before we charge your Membership Fee at the end of your Membership Term, your Membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-current Membership Fee (which is subject to change) and any taxes using the Payment Method that we have on record for you.

Membership Fees are subject to increase from time to time in our sole discretion upon prior notice to you. In addition, we may add new fees or charges from time to time, and we reserve the right to offer different categories of participation which may include different Membership Fees.

1.2  Refunds. Membership Fees are non-refundable except as expressly set forth in these Terms & Conditions, on a Member’s enrollment webpage (which is incorporated herein by this reference) or required by applicable law. Unless expressly provided in any applicable Program Benefit Rules, Purchases of our products and services in connection with the Program Benefits are subject to refund policies (which may vary by product or service) applicable to Members and non-Members alike.

1.3  Taxes.  Members are solely responsible for payment of all taxes, fees or similar charges imposed by any municipality, state, federal or other government authority in connection with participation in the Program and receipt of Program Benefits.

1.4  Payment Method Requirement. To enroll and remain in Good Standing as a Member in the Program, you must maintain at least one valid credit card, debit card or other payment method acceptable to Operator on file at all times (a “Payment Method”). You can change your Payment Method at any time. To remove all Payment Methods, you must cancel your Membership.

1.5  Payment Resubmittals. We and our third-party payment service providers may request and receive from your Payment Method issuer updated payment card information, including updated payment card numbers or expiration dates. If we or our third-party payment service providers receive updated information, we may use that information to process payment for your applicable Membership Fees. Your payment card issuer may allow you to opt out of this service. Please contact your payment card issuer for more information. If all Payment Methods we have on file for you are declined for payment of the applicable fee, you agree that we may resubmit the applicable fee for payment to your Payment Method issuer. Any resubmittal attempts will be made first to your default Payment Method, and then to other Payment Methods you may have on file. Once payment is authorized by a Payment Method Issuer for a Payment Method on file, all other resubmittals will be discontinued. If, after all resubmittals, payment is still not authorized by your Payment Method issuer your Membership will be cancelled and your Program Benefits will terminate. You may have the ability to re-enroll in the Program, and your new Membership Term will be based on the date of such re-enrollment.

1.6  Other Limitations. Enrollment in the Program is void where prohibited and Members must be 18 years of age or older. We reserve the right to adopt additional Membership criteria from time to time. We further reserve the right to accept or refuse Memberships in our sole discretion. There is a limit of one Membership per individual. Employees of Operator are eligible for Membership. Your Membership and use of the Program Benefits is personal to you and may not be transferred or assigned. Members are prohibited from purchasing or receiving our products and services made available in connection with Membership (as Program Benefits or otherwise) for commercial purposes, including for resale, rental or other wholesale purposes, or any fraudulent or illegal activities (all as determined by Operator).

1.7  Modifications to Terms & Conditions and other Program Materials. We reserve the right to modify these Terms & Conditions and other Program Materials from time to time in our discretion. Modifications will be effective when (a) they are posted on our Website (or, in the case of other Program Materials which are not posted on the Website, posted in their original location) and/or we have delivered notification thereof to your Provided Email Address or Member Webpage; (b) your Membership Term is renewed; or (c) you receive a Program Benefit, whichever occurs first. If any modification is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED ENROLLMENT AFTER ANY MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

1.8  Termination by Us.  We may terminate your membership or participation in the Spacious Skies Campgrounds Loyalty Program at our discretion without notice or liability to you. If we do so, we will give you a full refund for any term that has not yet expired. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these Terms & Conditions or any other Program Materials or applicable law, involves fraud or misuse of the Membership or participation in the Program, or is harmful to our interests and/or any of our customers, employees and/or agents.

ARTICLE 2:  PROGRAM BENEFITS

2.1  Program Benefits.  Current Program Benefits are as follows:

• 12% discount on reservation rates (excluding fees and taxes), subject to availability and our customary reservation policies. Discounts are based upon published rates.
• Access to the Spacious Skies Campgrounds online portal, and your Member Webpage.
• Exclusive Spacious Skies Campgrounds Loyalty Program membership merchandise.
• Exclusive Spacious Skies Campgrounds news/blog updates.
• Special additional discounts and deals on stays and merchandise which we may make available from time to time in our discretion.

We make no guaranty or assurance as to the continued availability of any Program Benefits or pricing and/or savings associated therewith and shall not be liable for any discontinuation or pricing changes. We reserve the right in our sole discretion to discontinue, modify, substitute, add or delete any one or more Program Benefits. You acknowledge and agree that your Membership is not dependent upon any single Program Benefit.

We reserve the right to promulgate Program Benefit Rules as a condition to receipt of any Program Benefit(s). For example, one or more discounted reservation rates or discounted merchandise purchases may be subject to different cancellation, return, and/or refund policies than other Program Benefits (or purchases outside of program benefits). In addition, certain blackout dates for discounted reservation rates (as determined by Operator in its sole discretion) may apply from time to time.

Program Benefits discounts cannot be combined with any promotional offers, coupons, savings certificates or other discounts.

2.2  Access to Program Benefits.  Your Membership, and your access to Program Benefits, is personal to you. Members are prohibited from selling or otherwise assigning Program Benefits. Member must be present to check into any Spacious Skies Campground reservation which the Member reserved at a discounted reservation rate as a Program Benefit.

2.3  Good Standing Requirement. In order to reserve or use any of the Program Benefits, your Membership must be in Good Standing. A Member in “Good Standing” is a Member, as determined by Operator in its reasonable discretion: (a) who is current in the payment of all amounts due to Operator and its agents, (b) is in compliance with all applicable Program Materials, (c) whose Membership is not suspended or terminated, (d) whose Membership Term has not expired without renewal (including for failure to have maintained a valid Payment Method), and (e) meets any other qualifications for Good Standing as set forth in the other Program Materials.

ARTICLE 3: MISCELLANEOUS PROVISIONS

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.

PLEASE SEE WEBSITE FOR ADDITIONAL PROGRAM CONTENT. ADDITIONAL PROGRAM MATERIALS APPLY AND MAY CHANGE FROM TIME TO TIME IN THE SOLE DISCRETION OF OPERATOR.

The health and wellbeing of our staff members and campers is our top priority. We are continuing to evolve our efforts to ensure the highest level of sanitation and safety at each of our campgrounds by following the guidance of the CDC and local health departments. We encourage all of our campers to stay healthy and we look forward to seeing you this season!