Terms of Service
Effective Date: Tuesday, February 17, 2026
Last Updated: Tuesday, February 17, 2026
1. ACCEPTANCE AND BINDING AGREEMENT
1.1 Agreement to Terms
These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“User,” “you,” “your”) and OutReserve, a California limited liability company (“OutReserve,” “Company,” “we,” “us,” “our”), governing your access to and use of our online marketplace platform, including our website at outreserve.com and mobile applications [MOBILE APP NAMES] (collectively, the “Platform” or “Service”).
1.2 Electronic Acceptance
By accessing, browsing, or using the Platform in any manner, including but not limited to creating an account, making a booking, listing a property, or communicating through our messaging system, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. Your electronic acceptance of these Terms through any means, including clicking “I Agree,” creating an account, or using the Service, constitutes a valid and enforceable electronic signature under the Delaware Uniform Electronic Transactions Act (6 Del. C. Ch. 12A) and the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.).
1.3 Capacity to Contract
You represent and warrant that you have the legal capacity to enter into this Agreement and that your acceptance and performance of this Agreement will not violate any other agreement to which you are a party. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
1.4 Modifications and Updates
We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. Material changes will be communicated to you through email notification to your registered email address, prominent notice on the Platform, or other reasonable means at least thirty (30) days before the effective date of such changes, except where immediate changes are required for legal compliance, security, or safety reasons. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform and may terminate your account in accordance with Section 10.
2. SERVICE DESCRIPTION AND PLATFORM OVERVIEW
2.1 Platform Description
Outdoor Stay operates a comprehensive online marketplace platform that connects guests seeking outdoor accommodations with property operators offering campgrounds, RV parks, glamping sites, and other outdoor lodging experiences throughout the United States and its territories. Our Platform facilitates the discovery, communication, booking, and payment processing for outdoor stays through both web-based and mobile application interfaces.
2.2 Marketplace Services
The Platform provides the following core services:
a) Discovery and Search: Advanced search and filtering capabilities allowing guests to discover outdoor accommodations based on location, amenities, availability, pricing, and other preferences.
b) Property Listings: Tools for operators to create, manage, and optimize property listings with detailed descriptions, photographs, amenities, availability calendars, and pricing information.
c) Booking Management: Two primary booking methods: (i) Instant Book for immediate confirmations, and (ii) Request-to-Book requiring operator approval, both with defined check-in and check-out times and procedures.
d) Communication Platform: Secure in-app messaging system enabling communication between guests and operators, with contact detail restrictions maintained until booking confirmation to protect user privacy and platform integrity.
e) Payment Processing: Comprehensive payment processing services where Outdoor Stay serves as the Merchant of Record, collecting payments from guests at the time of booking and remitting payments to operators according to established schedules.
f) Review and Rating System: (Post-stay) review and rating system enabling guests and operators to provide feedback and maintain platform quality standards.
2.3 Merchant of Record Services
Outdoor Stay serves as the Merchant of Record for all transactions processed through the Platform, which includes:
a) Payment Collection: Processing and collecting all payments from guests at the time of booking confirmation, including accommodation fees, applicable taxes, and platform fees.
b) Tax Compliance: Collecting, remitting, and managing applicable taxes including but not limited to sales taxes, occupancy taxes, and marketplace facilitator taxes as required by applicable jurisdictions.
c) Operator Payments: Disbursing payments to operators on a delayed schedule of 7 business days after the guest’s check-in date, subject to successful completion of the stay and compliance with these Terms.
d) Fee Structure: Charging platform fees of [PLATFORM FEE PERCENTAGE/AMOUNT] to operators for each completed booking, which may be adjusted in accordance with Section 11.
2.4 Protection Services
a) Weather Protection: Optional Weather Protection coverage providing refund eligibility under specific weather-related circumstances as defined in [WEATHER PROTECTION TERMS], with potential expansion to additional protection plans at our discretion.
b) Dispute Resolution: Comprehensive dispute and refund handling services to address conflicts between guests and operators, including investigation procedures and resolution mechanisms.
2.5 Geographic Coverage
Our services are available throughout the United States and its territories, subject to local laws and regulations. We reserve the right to expand or limit geographic coverage at our sole discretion with appropriate notice to affected users.
2.6 Service Availability
While we strive to maintain continuous Platform availability, we do not guarantee uninterrupted access to our services. We reserve the right to modify, suspend, or discontinue any aspect of the Platform temporarily or permanently, with or without notice, for maintenance, updates, legal compliance, or other business reasons.
3. USER ACCOUNTS AND REGISTRATION
3.1 Account Creation Requirements
You may browse and search the Platform without creating an account. However, to use certain features, such as messaging an Operator, making or managing a booking, or listing a property as an Operator, you must create an account. When you register, you agree to provide accurate, current, and complete information, including your full legal name, valid email address, phone number, and any other information requested during registration.
3.2 Age Restrictions and Compliance
a) Minimum Age Requirement: You must be at least eighteen (18) years of age to create an account or use the Platform. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.
b) Children’s Privacy Protection: In compliance with the Children’s Online Privacy Protection Act (15 U.S.C. §6501 et seq.) and Delaware Online Privacy and Protection Act (DOPPA), we do not knowingly collect personal information from children under 13 years of age. If we become aware that we have collected personal information from a child under 13, we will take immediate steps to delete such information and terminate any associated account.
3.3 Account Security and Responsibility
a) Credential Protection: You are solely responsible for maintaining the confidentiality and security of your account credentials, including username, password, and any two-factor authentication methods. You must use strong, unique passwords and enable available security features.
b) Account Activity: You are fully responsible for all activities that occur under your account, whether authorized by you or not. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
c) Account Sharing: Account sharing is strictly prohibited. Each account must be used exclusively by the registered account holder and may not be transferred, sold, or shared with any third party without our prior written consent.
3.4 Account Information Accuracy
a) Information Updates: You agree to maintain accurate, current, and complete account information at all times. You must promptly update your account information when changes occur, including contact information, payment methods, and identification documents.
b) Verification Requirements: We reserve the right to verify your identity and account information at any time through various methods including but not limited to government-issued identification, address verification, phone verification, and third-party verification services.
c) False Information: Providing false, misleading, or incomplete information may result in immediate account suspension or termination and may violate applicable laws.
3.5 Multiple Accounts
Creating multiple accounts is prohibited unless expressly authorized by us in writing. Users found to be operating multiple accounts may have all accounts suspended or terminated, and any associated bookings may be cancelled without refund.
3.6 Account Types
a) Guest Accounts: Designed for users seeking to book outdoor accommodations, with features including search, booking, messaging, payment processing, and review capabilities.
b) Operator Accounts: Designed for property owners and managers listing accommodations, with additional features including property management tools, calendar management, pricing controls, guest communication, and payment processing.
c) Dual-Purpose Accounts: Users may function as both guests and operators under a single account, subject to compliance with all applicable terms for both account types.
4. USER RESPONSIBILITIES AND PROHIBITED ACTIVITIES
4.1 General User Responsibilities
a) Legal Compliance: You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in your use of the Platform and in any activities related to bookings made through the Platform.
b) Accurate Information: You must provide truthful, accurate, and complete information in all communications, listings, profiles, and transactions on the Platform.
c) Respectful Conduct: You agree to treat all users, including guests, operators, and Outdoor Stay personnel, with respect and courtesy in all interactions.
d) Platform Integrity: You must use the Platform only for its intended purposes and in accordance with these Terms, without attempting to circumvent, disable, or interfere with Platform features or security measures.
4.2 Prohibited Activities
The following activities are strictly prohibited and may result in immediate account suspension or termination:
a) Illegal Activities: Using the Platform for any illegal purpose or in violation of any applicable laws, including but not limited to money laundering, fraud, tax evasion, or facilitating illegal activities at listed properties.
b) Harassment and Abuse: Engaging in harassment, bullying, stalking, threatening, or abusive behavior toward any user, including sending unwanted communications, making discriminatory statements, or creating a hostile environment.
c) Fraudulent Conduct: Engaging in any fraudulent activities including but not limited to:
Creating fake accounts or impersonating others
Providing false information about properties or bookings
Manipulating reviews or ratings
Processing fraudulent payments or chargebacks
Creating misleading listings or advertisements
d) Spam and Unsolicited Communications: Sending spam, unsolicited commercial communications, or bulk messages through the Platform’s messaging system, in violation of the CAN-SPAM Act (15 U.S.C. §7701 et seq.) and applicable anti-spam regulations.
e) Platform Circumvention: Attempting to circumvent the Platform’s booking, payment, or communication systems, including:
Directing users to book outside the Platform
Sharing contact information before booking confirmation
Processing payments outside the Platform’s payment system
Using the Platform solely to advertise external services
f) Technical Interference: Engaging in activities that interfere with or disrupt the Platform’s operation, including:
Hacking, cracking, or attempting unauthorized access
Introducing viruses, malware, or malicious code
Overloading servers or networks
Reverse engineering Platform software
Using automated tools or bots without authorization
g) Intellectual Property Violations: Infringing upon the intellectual property rights of Outdoor Stay or third parties, including unauthorized use of copyrighted materials, trademarks, or proprietary information.
h) Discrimination: Engaging in discriminatory practices based on race, color, religion, sex, national origin, disability, familial status, sexual orientation, gender identity, or other protected characteristics under applicable fair housing and civil rights laws.
4.3 Content Standards
a) Appropriate Content: All content posted on the Platform, including property descriptions, photos, reviews, and messages, must be appropriate, accurate, and comply with community standards.
b) Prohibited Content: You may not post content that is:
Obscene, pornographic, or sexually explicit
Defamatory, libelous, or slanderous
Threatening, violent, or promoting violence
Discriminatory or promoting hate speech
Infringing on intellectual property rights
Misleading or fraudulent
Containing personal information of others without consent
4.4 Property Operator Specific Responsibilities
a) Legal Authorization: Operators must have legal authority to rent their properties and comply with all applicable zoning laws, permits, licenses, and regulations.
b) Accurate Listings: Property descriptions, photos, amenities, and availability must be accurate and current.
c) Guest Safety: Operators must maintain safe conditions and disclose any known hazards or risks associated with their properties.
d) Tax Compliance: Operators remain responsible for understanding and complying with their tax obligations, even though Outdoor Stay serves as Merchant of Record for certain taxes.
4.5 Guest Specific Responsibilities
a) Property Respect: Guests must treat properties with care and respect, following all property rules and guidelines provided by operators.
b) Accurate Booking Information: Guests must provide accurate information about their party size, intended use, and any special requirements.
c) Timely Communication: Guests must communicate promptly with operators regarding check-in procedures, changes to plans, or any issues that arise.
4.6 Reporting Violations
Users are encouraged to report violations of these Terms or inappropriate behavior through our designated reporting mechanisms. We will investigate reported violations and take appropriate action, which may include warnings, account restrictions, or termination.
5. PAYMENT TERMS AND REFUND POLICY
5.1 Payment Processing Structure
a) Merchant of Record: Outdoor Stay serves as the Merchant of Record for all transactions processed through the Platform. This means we collect payments from guests, process transactions, handle tax compliance, and remit payments to operators according to the terms outlined herein.
b) Immediate Payment Processing: All payments are processed immediately upon booking confirmation. Guests authorize us to charge their selected payment method for the full booking amount, including accommodation fees, applicable taxes, and any additional services selected at the time of booking.
c) Accepted Payment Methods: We accept major credit cards, debit cards, and other payment methods as displayed during the checkout process. All payment processing is subject to verification and approval by our payment processors and fraud prevention systems.
5.2 Pricing and Fees
a) Operator Fees: Operators are charged a platform fee of [PLATFORM FEE PERCENTAGE/AMOUNT] for each completed booking. This fee is automatically deducted from the payment remitted to operators and covers platform services, payment processing, customer support, and technology infrastructure.
b) Guest Fees: Guests may be charged additional service fees, processing fees, or taxes as displayed during the booking process. All fees and taxes are clearly disclosed before payment confirmation.
c) Dynamic Pricing: Operators may utilize dynamic pricing tools and strategies. Prices displayed at the time of booking are guaranteed for that specific reservation, subject to the cancellation and modification policies outlined herein.
5.3 Operator Payment Schedule
a) Payment Timing: Operators receive payment 7 business days after the guest’s scheduled check-in date, provided the booking has been completed successfully and no disputes are pending.
b) Payment Methods: Operator payments are processed via electronic transfer to verified bank accounts or other approved payment methods. Operators are responsible for maintaining current and accurate payment information.
c) Payment Delays: Payments may be delayed or withheld in cases of disputes, suspected fraud, chargebacks, or violations of these Terms. We will provide notice of any payment delays and work to resolve issues promptly.
5.4 Cancellation and Refund Policy
a) Standard Cancellation Policy:
Cancellations made [CANCELLATION DAYS] or more days before check-in: Full refund minus processing fees
Cancellations made less than [CANCELLATION DAYS] days before check-in: Subject to operator’s specific cancellation policy as disclosed in the listing
No-shows: No refund unless covered by Weather Protection or other applicable protection plans
b) Operator-Initiated Cancellations: If an operator cancels a confirmed booking, guests are entitled to a full refund plus additional compensation as determined by our policies. Operators who frequently cancel bookings may face account restrictions or termination.
c) Platform-Initiated Cancellations: We reserve the right to cancel bookings for safety, legal compliance, or Terms violations. Refund eligibility in such cases will be determined based on the specific circumstances and applicable laws.
5.5 Weather Protection Coverage
a) Coverage Terms: Weather Protection, when purchased, provides refund eligibility under specific weather-related circumstances including [WEATHER PROTECTION TERMS]. Coverage terms, conditions, and exclusions are detailed in the Weather Protection policy provided at the time of purchase.
b) Claim Process: Weather Protection claims must be submitted within specified timeframes with appropriate documentation. Claims are subject to verification and approval based on objective weather data and coverage terms.
c) Additional Protection Plans: We may introduce additional protection plans covering various circumstances such as medical emergencies, travel disruptions, or other unforeseen events. Terms and conditions for such plans will be provided at the time of purchase.
5.6 Dispute Resolution and Chargebacks
a) Internal Dispute Process: We provide a comprehensive dispute resolution process for payment-related issues between guests and operators. Users are encouraged to utilize our internal dispute resolution mechanisms before pursuing external remedies.
b) Chargeback Protection: Operators acknowledge that chargebacks may occur and agree to cooperate with our chargeback response procedures. Excessive chargebacks may result in account restrictions or additional fees.
c) Refund Processing: Approved refunds are processed to the original payment method within 5-10 business days, subject to the policies of the issuing financial institution.
5.7 Tax Compliance and Reporting
a) Tax Collection: As Merchant of Record, we collect and remit applicable taxes including sales taxes, and marketplace facilitator taxes as required by applicable jurisdictions.
b) Tax Documentation: We provide necessary tax documentation to operators and guests as required by law, including Form 1099-K for operators meeting applicable reporting thresholds.
c) Operator Tax Responsibilities: Operators remain responsible for understanding and complying with their individual tax obligations, including income taxes, business taxes, and any taxes not collected by the Platform.
5.8 Fee Modifications
We reserve the right to modify platform fees, service charges, and payment terms with [FEE CHANGE NOTICE DAYS] days advance notice for existing operators. Fee changes apply immediately to new bookings made after the effective date of the change. Significant fee increases may be subject to longer notice periods or grandfathering provisions at our discretion.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Platform Intellectual Property
a) Ownership: Outdoor Stay and its licensors own all right, title, and interest in and to the Platform, including but not limited to all software, technology, designs, graphics, logos, trademarks, service marks, trade names, copyrights, patents, trade secrets, and other intellectual property rights (“Platform IP”). The Platform IP is protected by United States and international copyright, trademark, patent, and other intellectual property laws.
b) Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal or business use in accordance with these Terms. This license does not include any right to: (i) resell or make commercial use of the Platform or its contents; (ii) collect and use any product listings, descriptions, or prices; (iii) make derivative use of the Platform or its contents; or (iv) use any data mining, robots, or similar data gathering and extraction tools.
c) Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Platform IP, except as expressly permitted by these Terms or with our prior written consent.
6.2 User-Generated Content
a) Content Ownership: You retain ownership of all content you create, upload, post, or submit to the Platform, including but not limited to property listings, descriptions, photographs, reviews, messages, and other materials (“User Content”). However, by submitting User Content to the Platform, you grant us the rights described below.
b) Broad License Grant: You hereby grant to Outdoor Stay a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Platform and our business operations, including but not limited to:
Displaying your content on the Platform and in search results
Marketing and promoting the Platform and your listings
Creating derivative works for optimization and enhancement
Distributing content across multiple platforms and channels
Using content for analytics, research, and product development
Sublicensing content to third-party partners and service providers
c) Marketing and Promotional Use: You specifically authorize us to use your User Content, including property photos and descriptions, in our marketing materials, advertisements, social media campaigns, press releases, and other promotional activities across all media channels, both online and offline.
d) Content Standards: All User Content must comply with our content standards and community guidelines. You represent and warrant that your User Content: (i) is accurate and not misleading; (ii) does not infringe upon the rights of any third party; (iii) does not contain illegal, harmful, or objectionable material; and (iv) complies with all applicable laws and regulations.
6.3 Content Representations and Warranties
a) Authority to Grant Rights: You represent and warrant that you have all necessary rights, licenses, and permissions to grant the license described in Section 6.2, and that our use of your User Content will not infringe upon or violate the rights of any third party.
b) Original Content: You represent that your User Content is original to you or that you have obtained all necessary rights and licenses to use and grant rights in such content.
c) Photo Rights: For photographs included in User Content, you represent that you either took the photographs yourself or have obtained proper licensing rights, including model releases and property releases where applicable.
6.4 Content Removal and Modification
a) Our Right to Remove: We reserve the right, but have no obligation, to remove, edit, or modify any User Content at any time for any reason, including if we believe it violates these Terms, applicable laws, or our community standards.
b) User Removal: You may remove your User Content from the Platform at any time, except that removal may not be immediate due to technical and operational constraints. However, the license granted to us may continue for content that has been shared, distributed, or incorporated into our marketing materials prior to removal.
c) Backup and Archival: We may retain copies of User Content for backup, archival, and legal compliance purposes even after removal from the active Platform.
6.5 Third-Party Content
a) Third-Party Rights: The Platform may contain content owned by third parties, including other users, partners, and service providers. Such content is protected by intellectual property laws and may not be used without proper authorization.
b) Reporting Infringement: If you believe that content on the Platform infringes your intellectual property rights, please contact us at support@[CONTACT EMAIL] with detailed information about the alleged infringement, including identification of the copyrighted work, the allegedly infringing material, and your contact information.
c) DMCA Compliance: We comply with the Digital Millennium Copyright Act and will respond to valid takedown notices in accordance with applicable law.
6.6 Feedback and Suggestions
Any feedback, suggestions, ideas, or other information you provide to us regarding the Platform (“Feedback”) will be considered non-confidential and non-proprietary. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to compensate you.
7. PRIVACY AND DATA PROTECTION
7.1 Privacy Policy Integration
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy and these Terms.
7.2 Delaware Personal Data Privacy Act Compliance
In compliance with the Delaware Personal Data Privacy Act (6 Del. C. Ch. 12D), we provide Delaware residents with specific rights regarding their personal data:
a) Right to Access: You have the right to request confirmation of whether we are processing your personal data and to access such personal data, subject to certain limitations and verification requirements.
b) Right to Deletion: You have the right to request deletion of personal data that we have collected from you, subject to certain exceptions for legal compliance, fraud prevention, and legitimate business purposes.
c) Right to Correction: You have the right to request correction of inaccurate personal data that we maintain about you, taking into account the nature of the personal data and the purposes for which we process it.
d) Right to Opt-Out: You have the right to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.
7.3 Consumer Rights Exercise
a) Request Submission: To exercise your privacy rights, you may submit a request through our designated privacy contact mechanisms provided in our Privacy Policy or by contacting us at [CONTACT EMAIL]. We will verify your identity before processing your request.
b) Response Timeline: We will respond to verified consumer requests within forty-five (45) days of receipt, with the possibility of a forty-five (45) day extension for complex requests.
c) No Discrimination: We will not discriminate against you for exercising your privacy rights, including by denying goods or services, charging different prices, or providing different levels of service quality.
7.4 Universal Opt-Out Signal Recognition
Effective January 1, 2026, we will recognize universal opt-out preference signals transmitted by your browser or device as a valid request to opt out of the sale of personal data and targeted advertising, in accordance with Delaware law requirements.
7.5 Data Processing Purposes
We process your personal data for the following primary purposes:
Providing and maintaining Platform services
Processing bookings and payments
Communicating with users
Ensuring platform safety and security
Complying with legal obligations
Marketing and promotional activities (with appropriate consent)
Analytics and service improvement
7.6 Data Sharing and Third Parties
a) Service Providers: We may share your information with third-party service providers who assist us in operating the Platform, processing payments, providing customer service, and conducting business operations (analytics, messaging, mapping, weather).
b) Legal Requirements: We may disclose your information when required by law, legal process, or to protect the rights, property, or safety of Outdoor Stay, our users, or others.
c) Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of the business transaction, subject to appropriate privacy protections.
7.7 Data Security
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
7.8 International Data Transfers
If you are located outside the United States, please note that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using the Platform, you consent to such transfers.
7.9 Contact Information for Privacy Matters
For privacy-related inquiries, requests to exercise your rights, or to contact the Delaware Department of Justice regarding privacy matters, please use the contact information provided in our Privacy Policy or email us at [CONTACT EMAIL].
8. DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 Service Disclaimers
a) “As Is” Service: THE PLATFORM AND ALL SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OUTDOOR STAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
b) No Guarantee of Availability: We do not warrant that the Platform will be uninterrupted, error-free, or completely secure. The Platform may experience downtime, technical difficulties, or service interruptions due to maintenance, updates, technical failures, or circumstances beyond our control.
c) Third-Party Content: We do not warrant the accuracy, completeness, or reliability of any content provided by users or third parties on the Platform, including property listings, reviews, or communications between users.
8.2 Property and Accommodation Disclaimers
a) No Property Inspection: Outdoor Stay does not inspect, endorse, or warrant the condition, safety, or legality of any properties listed on the Platform. We are not responsible for the accuracy of property descriptions, photos, amenities, or availability information provided by operators.
b) Operator Responsibility: Property operators are solely responsible for the condition, safety, and legal compliance of their properties. Guests book accommodations at their own risk and should exercise appropriate caution and judgment.
c) No Insurance Provider: Outdoor Stay is not an insurance company and does not provide insurance coverage for properties, personal belongings, or personal injury, except as specifically provided through optional protection plans.
8.3 Limitation of Liability
a) Liability Cap: TO THE FULLEST EXTENT PERMITTED BY LAW, OUTDOOR STAY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO OUTDOOR STAY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (II) [MAXIMUM LIABILITY AMOUNT] DOLLARS.
b) Exclusion of Consequential Damages: IN NO EVENT SHALL OUTDOOR STAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c) User Disputes: OUTDOOR STAY SHALL NOT BE LIABLE FOR ANY DISPUTES, CONFLICTS, OR DAMAGES ARISING BETWEEN USERS OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DISPUTES BETWEEN GUESTS AND OPERATORS REGARDING BOOKINGS, PROPERTY CONDITIONS, CANCELLATIONS, OR REFUNDS.
8.4 Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other force majeure events.
8.5 Indemnification
a) User Indemnification: You agree to defend, indemnify, and hold harmless Outdoor Stay, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to: (i) your use of the Platform; (ii) your violation of these Terms; (iii) your violation of any applicable laws or regulations; (iv) your User Content; or (v) your interactions with other users.
b) Property Operator Additional Indemnification: Property operators additionally agree to indemnify Outdoor Stay for any claims arising from: (i) the condition or use of their properties; (ii) injuries or damages occurring at their properties; (iii) violations of applicable laws, permits, or regulations related to their properties; or (iv) disputes with guests regarding their properties.
8.6 Statutory Rights Preservation
Nothing in these Terms shall exclude or limit any warranties or liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.
8.7 Basis of the Bargain
You acknowledge that the disclaimers and limitations of liability set forth in this Section 8 are fundamental elements of the basis of the bargain between you and Outdoor Stay, and that we would not be able to provide the Platform on an economically reasonable basis without such limitations.
9. DISPUTE RESOLUTION AND ARBITRATION
9.1 Informal Resolution First.
Before starting arbitration or a court proceeding (except for claims in small claims court), you and Outdoor Stay agree to try to resolve disputes informally. You must send a written notice of your dispute to [NOTICE EMAIL] (and/or [NOTICE ADDRESS]) including: your name, the email/phone associated with your account, a description of the dispute, and the relief you seek. If we can’t resolve the dispute within 30 days after the notice is received, either party may proceed as described below.
9.2 Agreement to Arbitrate; Federal Arbitration Act.
Except as stated in Section 9.7 (Exceptions), you and Outdoor Stay agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with Outdoor Stay will be resolved by binding individual arbitration, not in court. This arbitration agreement is governed by the Federal Arbitration Act (FAA).
9.3 Arbitration Provider and Rules (Consumer-Friendly).
Arbitration will be administered by either the American Arbitration Association (AAA) under its Consumer Arbitration Rules or JAMS under its Consumer Arbitration Minimum Standards / Consumer Arbitration Rules, as applicable. If those rules conflict with this Section 9, this Section 9 controls.
9.4 Arbitrator; Location; Remote Hearings.
A single neutral arbitrator will decide the dispute. Unless you and Outdoor Stay agree otherwise, arbitration will be conducted by video, phone, or written submissions when reasonably feasible. If an in-person hearing is required, it will take place in the county (or parish) where you live, unless the arbitrator determines another location is appropriate for fairness and convenience.
9.5 Filing Deadline.
To the extent permitted by law, any arbitration must be filed within one (1) year after the claim arises, unless a longer period is required by applicable law.
9.6 Fees and Costs.
Each party is responsible for its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law. Payment of arbitration filing, administration, and arbitrator fees will follow the applicable consumer rules. If those rules require Outdoor Stay to pay certain fees for consumer claims, Outdoor Stay will do so. The arbitrator may award fees and costs only as permitted by applicable law.
9.7 Exceptions (What’s Not Covered).
The following disputes are not subject to mandatory arbitration and may be brought in court:
a) claims that may be brought in small claims court (if they qualify);
b) claims seeking injunctive or equitable relief to protect intellectual property rights; and
c) disputes about the validity or enforceability of this arbitration agreement.
9.8 Class Action Waiver (Important).
YOU AND OUTDOOR STAY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims or preside over any form of class, collective, representative, or private attorney general proceeding. If this class action waiver is found unenforceable for a particular claim, then that claim will be decided in court (not arbitration), subject to the remainder of these Terms.
9.9 Opt-Out Right.
You may opt out of this arbitration agreement by sending written notice to [NOTICE EMAIL] within 30 days of the earliest of: (a) the date you first create an account, (b) the date you first book or list on the Platform, or (c) the date you first otherwise accept these Terms. Your opt-out notice must include your name and the email/phone associated with your account. Opting out will not affect any other provisions of these Terms.
9.10 Governing Law; Venue for Permitted Court Proceedings.
These Terms are governed by the laws of the State of Delaware (without regard to conflict of laws principles), except that the FAA governs arbitration. Any court proceeding permitted under this Section 9 (such as small claims or enforcement of an arbitration award) will be brought in a court of competent jurisdiction consistent with this Section 9.
9.11 Survival.
This Section 9 survives termination of these Terms and your relationship with Outdoor Stay.
10. TERMINATION AND SUSPENSION
10.1 Termination by User
a) Account Deletion: You may terminate your account and discontinue use of the Platform at any time by following the account deletion procedures provided in your account settings or by contacting customer service at [CONTACT EMAIL].
b) Effect of User Termination: Upon termination by you, your access to the Platform will cease, but these Terms will continue to apply to any outstanding obligations, including pending bookings, payment obligations, and dispute resolution procedures.
c) Data Retention: Following account termination, we may retain certain information as required by law, for legitimate business purposes, or to resolve disputes, but we will cease active use of your personal information for Platform operations.
10.2 Termination by Outdoor Stay
a) Termination for Cause: We may immediately suspend or terminate your account and access to the Platform, with or without notice, if you:
Violate any provision of these Terms
Engage in fraudulent, illegal, or harmful activities
Pose a safety risk to other users or the Platform
Fail to pay amounts owed to us or other users
Create multiple accounts in violation of these Terms
Attempt to circumvent Platform systems or security measures
b) Termination for Convenience: We may terminate your account and access to the Platform at any time with thirty (30) days advance written notice, without cause, in our sole discretion.
c) Immediate Termination Circumstances: Notwithstanding the notice requirement above, we may terminate accounts immediately without notice in cases involving:
Suspected criminal activity or law enforcement requests
Threats to user safety or Platform security
Violations of intellectual property rights
Court orders or legal requirements
10.3 Account Suspension
a) Temporary Suspension: We may temporarily suspend your account and access to the Platform pending investigation of suspected Terms violations, safety concerns, or legal issues. During suspension, you may not access Platform features, but existing bookings may continue subject to our policies.
b) Suspension Notice: We will provide notice of suspension when reasonably possible, except in cases where immediate action is required for safety, security, or legal compliance.
c) Reinstatement: Suspended accounts may be reinstated at our discretion following resolution of the underlying issues and compliance with any required corrective actions.
10.4 Effect of Termination
a) Access Cessation: Upon termination, your right to access and use the Platform immediately ceases. You must discontinue all use of the Platform and may not attempt to access your account or create new accounts.
b) Outstanding Obligations: Termination does not relieve you of any obligations that accrued prior to termination, including payment obligations, pending bookings, or liability for Terms violations.
c) Booking Impact:
For Guests: Existing confirmed bookings may continue as scheduled, subject to operator policies and our discretion based on the reason for termination
For Operators: Existing confirmed bookings may continue as scheduled, but new bookings will be prevented and listings will be removed from the Platform
10.5 Data and Content After Termination
a) Content Removal: Upon termination, we may remove your User Content from active display on the Platform, but we may retain copies for legal compliance, dispute resolution, and legitimate business purposes.
b) License Survival: The license you granted to us for your User Content may survive termination for content that has been distributed, shared, or incorporated into our operations prior to termination.
c) Backup Retention: We may retain backup copies of your data for technical and legal compliance purposes even after account termination.
10.6 Refund Policy Upon Termination
a) Termination for Cause: If your account is terminated for violation of these Terms, you may not be entitled to refunds for unused services, pending bookings, or platform fees.
b) Termination for Convenience: If we terminate your account for convenience, you may be entitled to pro-rated refunds for unused paid services, subject to our standard refund policies.
c) Guest Bookings: Guests with confirmed bookings at the time of termination may be entitled to refunds based on the specific circumstances of termination and our standard cancellation policies.
10.7 Survival of Terms
The following provisions shall survive termination of these Terms: intellectual property rights, payment obligations, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination.
10.8 No Liability for Termination
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OR SUSPENSION OF YOUR ACCOUNT OR ACCESS TO THE PLATFORM, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.
11. MODIFICATION OF TERMS
11.1 Right to Modify
Outdoor Stay reserves the right to modify, update, revise, or replace these Terms of Service at any time in our sole discretion. We may make changes to address legal requirements, improve user experience, reflect changes in our services, or for other business reasons.
11.2 Notice of Material Changes
a) Advance Notice: For material changes to these Terms, we will provide at least thirty (30) days advance notice through one or more of the following methods:
Email notification to your registered email address
Prominent notice displayed on the Platform
In-app notifications through our mobile applications
Posted notice in your account dashboard
b) Material Changes Defined: Material changes include but are not limited to:
Significant modifications to dispute resolution procedures
Changes to limitation of liability provisions
Modifications to payment terms or fee structures
Changes to intellectual property licensing terms
Alterations to termination procedures
11.3 Immediate Changes
a) Legal Compliance: We may implement changes immediately without advance notice when required for:
Compliance with applicable laws or regulations
Court orders or legal requirements
Safety or security concerns
Prevention of fraud or abuse
b) Non-Material Changes: Minor changes, clarifications, or corrections that do not materially affect user rights or obligations may be implemented immediately with notice provided through Platform updates or other reasonable means.
11.4 Platform Fee Changes
a) Fee Modification Notice: Changes to platform fees charged to operators require [FEE CHANGE NOTICE DAYS] days advance written notice to affected operators.
b) Immediate Application: Fee changes apply immediately to new bookings made after the effective date of the change, while existing confirmed bookings remain subject to the fee structure in effect at the time of booking.
11.5 User Acceptance of Changes
a) Continued Use Constitutes Acceptance: Your continued access to or use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Platform and may terminate your account.
b) Opt-Out Period: For material changes, you have thirty (30) days from the notice date to terminate your account if you do not agree to the changes. Termination during this period will be treated as termination for convenience under Section 10.
c) No Retroactive Effect: Changes to these Terms will not apply retroactively to disputes or claims that arose before the effective date of the changes.
11.6 Version Control and Effective Dates
a) Version Identification: Each version of these Terms will be clearly identified with an effective date and last updated date at the beginning of the document.
b) Historical Versions: We may maintain historical versions of these Terms for reference purposes, but the current version posted on the Platform governs your use of the Platform.
c) Conflicting Terms: In case of conflicts between different versions of these Terms, the version with the most recent effective date shall control.
11.7 Communication Methods
a) Electronic Delivery: All notices regarding Terms modifications will be delivered electronically through the methods described in Section 11.2. You consent to receive such notices electronically and agree that electronic delivery satisfies any legal requirement for written notice.
b) Contact Information Updates: You are responsible for maintaining current contact information in your account to ensure receipt of important notices. Failure to receive notices due to outdated contact information does not invalidate the effectiveness of such notices.
11.8 Binding Effect
Modified Terms become binding upon the effective date specified in the notice, regardless of whether you have read or acknowledged the changes, provided that proper notice was given in accordance with this Section 11.
12. THIRD-PARTY SERVICES
12.1 Third-Party Integrations
a) Service Providers: The Platform integrates with various third-party service providers to enhance functionality, including but not limited to payment processors, mapping services, weather data providers, communication tools, analytics services, and customer support platforms.
b) No Endorsement: The inclusion of third-party services does not constitute an endorsement, recommendation, or warranty by Outdoor Stay regarding the quality, reliability, or suitability of such services.
c) Independent Contractors: Third-party service providers are independent contractors and not agents, employees, or representatives of Outdoor Stay. We do not control their operations, policies, or service quality.
12.2 Disclaimer of Responsibility
a) Third-Party Performance: OUTDOOR STAY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE PERFORMANCE, AVAILABILITY, ACCURACY, OR RELIABILITY OF THIRD-PARTY SERVICES. WE DO NOT WARRANT THAT THIRD-PARTY SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR EXPECTATIONS.
b) Service Interruptions: Third-party service interruptions, failures, or changes may affect Platform functionality. We are not liable for any damages, losses, or inconvenience resulting from third-party service issues.
c) Data and Privacy: Third-party services may have their own data collection, use, and privacy practices. We are not responsible for the privacy practices or data security of third-party services, and you should review their privacy policies independently.
12.3 Third-Party Terms and Policies
a) Separate Agreements: Your use of third-party services may be subject to separate terms of service, privacy policies, and other agreements between you and the third-party providers. You are responsible for reviewing and complying with such terms.
b) Conflicting Terms: In case of conflicts between these Terms and third-party terms, the third-party terms shall govern your relationship with the third-party provider, while these Terms continue to govern your relationship with Outdoor Stay.
c) Age and Eligibility: Third-party services may have different age restrictions or eligibility requirements. You are responsible for ensuring you meet all applicable requirements.
12.4 Changes to Third-Party Services
a) Right to Change Providers: We reserve the right to add, remove, or change third-party service providers at any time without notice. Such changes may affect Platform functionality or user experience.
b) Service Discontinuation: If a third-party service is discontinued or becomes unavailable, we will make reasonable efforts to find alternative solutions but are not obligated to maintain specific third-party integrations.
c) Feature Changes: Changes to third-party services may result in changes to Platform features or functionality. We are not liable for any inconvenience or loss resulting from such changes.
12.5 Payment Processing Services
a) Payment Processors: We utilize third-party payment processors to handle financial transactions. These processors have their own terms, conditions, and privacy policies that apply to payment processing activities.
b) Payment Security: While we implement security measures, the security of payment processing also depends on third-party payment processors. We disclaim liability for payment processing security breaches that occur at the third-party level.
c) Processing Fees: Third-party payment processing fees may be passed through to users as disclosed during the payment process.
12.6 Mapping and Location Services
a) Mapping Data: Location and mapping information is provided by third-party services and may not always be accurate, current, or complete. We disclaim responsibility for mapping errors or inaccuracies.
b) Location Privacy: Location-based features may share your location information with third-party mapping services according to their privacy policies.
12.7 Communication Services
a) Third-Party Communications: Some Platform communications may be facilitated through third-party services such as email providers, SMS services, or push notification services.
b) Delivery Reliability: We cannot guarantee the delivery, timing, or accuracy of communications sent through third-party services.
12.8 Analytics and Advertising
a) Analytics Services: We may use third-party analytics services to understand Platform usage and improve our services. These services may collect information about your use of the Platform.
b) Advertising Networks: Third-party advertising networks may serve advertisements on the Platform and collect information about your interactions with such advertisements.
c) Opt-Out Options: You may have options to opt out of certain third-party analytics or advertising services through your device settings or the third-party provider’s opt-out mechanisms.
13. MISCELLANEOUS PROVISIONS
13.1 INFORM Consumers Act Compliance
a) High-Volume Third Party Seller Information: In compliance with the INFORM Consumers Act (Pub. L. No. 117-103, Division Q, Title I), we collect and verify information from high-volume third party sellers, including operators who exceed applicable transaction thresholds, to ensure consumer protection and marketplace transparency.
b) Seller Verification: Operators meeting high-volume seller criteria must provide additional verification information including business identification, tax identification, bank account information, and contact details as required by applicable law.
c) Consumer Access: Consumers may request certain seller information for high-volume sellers through our customer service channels as provided by law.
13.2 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Outdoor Stay regarding your use of the Platform and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter hereof.
13.3 Severability
a) Invalid Provisions: If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law.
b) Modification of Invalid Provisions: The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement.
c) Replacement Provisions: In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.
d) Jurisdictional Variations: The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.
13.4 Waiver
a) No Implied Waiver: No failure or delay by Outdoor Stay in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
b) Written Waiver Required: Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Outdoor Stay to be effective.
c) Limited Effect: Any waiver shall be limited to the specific instance and shall not constitute a waiver of any other provision or any future breach of the same provision.
13.5 Assignment
a) User Assignment Restrictions: You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.
b) Our Assignment Rights: Outdoor Stay may assign, transfer, or delegate any or all of its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
c) Binding Effect: These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
13.6 Force Majeure
Neither party shall be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other force majeure events, provided that the affected party uses reasonable efforts to mitigate the impact of such circumstances.
13.7 Relationship of Parties
a) Independent Contractors: The relationship between you and Outdoor Stay is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
b) No Authority: Neither party has the authority to bind the other party or to act on behalf of the other party without express written authorization.
13.8 Headings and Interpretation
a) Headings: The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of any provision.
b) Interpretation Rules: In these Terms: (i) “including” means “including without limitation”; (ii) singular terms include the plural and vice versa; (iii) “or” is not exclusive; and (iv) references to sections refer to sections of these Terms.
13.9 Language
These Terms are drafted in English, and the English version shall control in case of any conflicts with translations into other languages.
13.10 Electronic Communications
a) Consent to Electronic Communications: You consent to receive communications from us electronically, including through email, text messages, push notifications, or notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
b) Electronic Records: You should print or save a copy of these Terms and any other important communications for your records.
13.11 Support
a) Customer Support. You can contact OutReserve Support through the Platform or by email at [SUPPORT EMAIL]. We may also provide support by chat or phone where available. Support availability and response times may vary and are not guaranteed.
b) Booking Issues and Escalation. If you have an issue with a reservation (including cancellations, changes, refunds, or listing concerns), you should contact Support as soon as possible and provide relevant details (reservation ID, dates, and any supporting evidence such as photos or messages). We may ask you to contact the Operator first or may contact the Operator on your behalf.
c) Safety Incidents and Emergencies. Outdoor Stay is not an emergency service. If you believe there is an immediate threat to anyone’s safety or property, call 911 (or local emergency services) first. After addressing immediate safety needs, report the incident to Outdoor Stay via the Platform or [SUPPORT EMAIL] as soon as practicable.
d) Incident Reporting. You agree to promptly report safety incidents, illegal activity, property damage, or suspected fraud connected to the Platform. Outdoor Stay may request additional information and may take actions we consider appropriate, including suspending accounts, removing listings, canceling reservations, cooperating with law enforcement, and preserving information as required by law.
e) No Guarantee of Resolution. While we may assist with support requests, dispute facilitation, and (where applicable) rebooking or refunds, we do not guarantee a specific outcome, replacement inventory, or response time.
13.12 Contact Information
a) Company Contact Information:
OutReserve LLC
[COMPANY ADDRESS]
Email: support@outreserve.com
b) Legal Notices: All legal notices to Outdoor Stay must be sent to the address above and will be deemed received when actually received by us.
c) Customer Service: For customer service inquiries, technical support, or general questions about the Platform, please contact us at support@outreserve.com.
13.12 Effective Date and Updates
These Terms are effective as of Tuesday, February 17, 2026 and may be updated from time to time in accordance with Section 11. The most current version will always be available on the Platform via: https://outreserve.com/terms-of-service
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.