Pet Policy
PETS
IF PETS ARE ALLOWED IN THE COMMUNITY, no pet with a history of aggression, including biting or attacking any person is permitted. Any pet that bites or attacks any person or other pet must be immediately and permanently removed from the Community. No dangerous breeds are permitted in the Community which includes, but is not limited to: Akita, Alaskan Malamute, American Bulldog, American Staffordshire, Bandog, Boerboels, Cane Corsos, Chow Chows, Doberman Pinschers, Dogo Argentino, Fila Brasiliero, German Shepherds, Great Dane, Mastiff, Presa Canarios, Rottweilers, Pit Bulls, Pit Bull Terriers, Siberian Husky, Staffordshire Terriers, Tosa Inu, and Wolf of Wolf Hybrids, or other hybrids containing any of the foregoing breeds. No exotic or farm animals are permitted in the Community. Residents must comply will all applicable Laws prohibiting dangerous or banned breeds, or other prohibitions against keeping other types of animals as pets.
Residents are liable for and shall defend, indemnify and hold the Owner's Related Parties harmless from all Losses and injuries caused by their pets (irrespective of whether such pets are on the Community with or without Owner's consent). In addition, Residents shall comply with all provisions of any rules, regulations, and ordinances of any governmental authority or agency and all applicable Laws with respect to dogs, cats and other pets.
Pets belonging to Guests may not be boarded in the Community.
Service and assistance animals as defined by federal and local law are permitted with reliable provider written verification. Please contact your Community Manager for the necessary paperwork.
Pets are prohibited inside the Community office and inside other Community or recreation buildings or facilities.
Feeding of stray or wild animals is prohibited.
Any pet found running loose may be picked up and delivered to the local animal shelter. If the animal is wearing identifying tags, the Community Manager may, but is not obligated to, first attempt to return the animal to its owner. In the event the Community Manager picks up the animal, a special service fee of $25 will be charged to the Resident as Additional Rent.
Pets must be kept on leashes at all times while outside and may not be tied outside or left unattended. Resident must restrain and control pet activity while in the Community and its Common Areas.
Resident is responsible for immediate and proper cleaning up after and disposal of all pet waste. If Resident fails to comply with this Section, Owner may clean up the pet waste and impose upon Resident a separate waste removal fee of $25 per pick-up which will be charged to the Resident as Additional Rent. Persistent failure by Resident to properly clean up pet waste shall be grounds for immediate permanent removal of the pet from the Community as provided in these Standards or applicable law. Owner may also pursue all other remedies provided under the Lease, at law or in equity, for Residents failure to comply with this Section.
In the event that Resident breaches any of the terms and conditions of this Section, and such breach continues for more than three (3) days after written notice from Owner, then, in addition to any of Owner's other rights and remedies under the Lease, at law or in equity, Owner shall have the right to require removal of, and to remove, the pet from the RV Site and the Community (without affecting the Lease or Resident's responsibilities and obligations under the Lease).
System Terms
TERMS AND CONDITIONS OF USE OF INDIOAPP®
Last Update: November 1, 2024
Agreement Between User and Enterstate
By using IndioApp, you acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Notice, which also governs your use of IndioApp, and is incorporated by reference (these Terms and Conditions with the Privacy Policy shall be referred to as the "Terms"). Please read these Terms carefully.
IndioApp is operated by Enterstate LLC, a California limited liability company. Unless otherwise specified, the entity controlling IndioApp is referred to herein as "Enterstate", "we", "us" or "our". The term "you" refers to the user visiting or requesting a reservation on IndioApp, and/or seeking assistance from our customer service agents. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and us. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHALL NOT USE INDIOAPP.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ENTERSTATE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
General Use
Site Overview. We offer a platform that enables you to book accommodations at RV resorts, campgrounds and other vendors and partners (the "Parks"). You acknowledge that Enterstate has the right, but does not have any obligation, to monitor the use of IndioApp and verify information provided by the Parks. For example, we may review, disable access to, remove, or edit content to: (a) operate, secure and improve IndioApp (including for fraud prevention, risk assessment, investigation and customer support purposes); (b) ensure users' compliance with these Terms; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) address content that we determine is harmful or objectionable; (e) take actions set out in these Terms; and (f) maintain and enforce any quality or eligibility criteria.
Eligibility. IndioApp is not intended for children under the age of thirteen (13) and you must be at least eighteen (18) years of age or older to access and/or use IndioApp. By accessing and/or using IndioApp, you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use IndioApp, or provide any information on IndioApp or to us. The Children's Online Privacy Protection Act requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13). Enterstate does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at hello@getindio.com.
Searchable Features. IndioApp provides ways for you to find accommodations at various Parks. You can search IndioApp using criteria like the type of property, travel dates, and destination. Search results are based on their relevance to your search and other applicable criteria. However, we do not guarantee that you will be able to match your specific needs with any third party found through the Site, or that such third parties are able or willing to complete your request.
No Guarantees or Endorsements. We make no guarantees, warranties or representations regarding the Parks listed on IndioApp. We do not endorse or recommend the services of any particular Park. We do not independently verify their representations about their property, nor validate any reviews. It is entirely up to you to evaluate their qualifications, and to enter into an agreement with them, and we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of IndioApp.
Booking. When you make a reservation, you agree to pay all the fees and/or stated charges related to your reservation, including without limitation, service fees and/or taxes. When you make a reservation, you are forming an agreement directly with the applicable Park. Any specific rules, regulations, and policies ("Rules") identified in the listing or during the checkout form a part of your agreement with the Park. You are responsible for confirming that you, and anyone you invite, meet and comply with the Rules. You are responsible for providing the Park with any information that may impact your ability to use the Park.
Cancellation; Modification. In general, if you cancel a reservation, the amount refunded to you is determined by the applicable Park’s cancellation policy that applies to your reservation. Any additional service fee charged to you may be refunded pursuant to the cancellation policy presented in the applicable listing. Both you and each Park are responsible for any modifications made to your reservation, and you agree to pay any applicable fees related to such reservation modification.
Payment. Your payment is processed by the applicable Park. You acknowledge and agree that you will be liable for all fines, chargebacks, refunds and other expenses incurred in the enforcement of any third-party provider agreements and further agree to reimburse us and/or the relevant Park(s), as applicable, for any and all fines, chargebacks, refunds and other expenses incurred related thereto.
Use of Services and Availability. Use of IndioApp is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. We retain the right, in our sole and absolute discretion, to deny service and/or access to and/or use of IndioApp to anyone at any time and for any reason without liability. While we use reasonable efforts to keep IndioApp accessible, it may be unavailable from time to time. You understand and agree that there may be interruptions to IndioApp and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control, for which we will bear no responsibility.
Errors, Inaccuracies, Omissions and Performance. Occasionally there may be information on IndioApp that contains typographical errors, inaccuracies, and/or omissions that may relate to services, estimates, rates, costs, local customs, contact information, address, and events. We reserve the right to: (a) correct any errors, inaccuracies, and/or omissions; and/or (b) make changes to content, descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
User Verification. We may, in our sole discretion, verify a user's identity prior to allowing such user to access and/or use IndioApp. We may, without liability, refuse to process any booking, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or these Terms. You understand that IndioApp acts only as a platform that provides users with the ability to search and book Park accommodations. We do not verify the information and/or the qualifications of organizations, vendors, and/or other users of IndioApp, nor do we evaluate or control in any ongoing manner exchanges between users. Any reviews, opinions or statements expressed by a user are of those of the user alone, are not to be attributed to us and we do not take on any liability related thereto. We cannot and do not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user on and/or in relation to IndioApp.
Proprietary Rights and Limited License to Use IndioApp
Ownership. IndioApp, any content and/or service on IndioApp and the infrastructure used to provide IndioApp are proprietary to us, our affiliates, and/or our licensors. By using IndioApp and accepting these Terms, Enterstate grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use IndioApp for the purpose of browsing its content, inquiring about and/or purchasing any of the products or services offered, participating in an interactive area hosted on IndioApp, or for any other purpose clearly stated on IndioApp, all in accordance with the Terms and any additional terms and policies set forth by us. Neither these Terms nor your use of IndioApp conveys and/or grants to you any rights: (a) in or related to IndioApp except for as expressly set forth herein; and (b) to use or reference in any manner our names, logos, product and service names, trademarks or services marks or those of our licensors.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and/or any other content on IndioApp, as well as the organization and layout of IndioApp, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Enterstate and/or its third-party providers reserve all right, title and interest in and to IndioApp and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Materials Provided to Us or Posted on IndioApp. Please carefully choose the information that you post on, through and/or in connection with IndioApp. You may provide, post and/or upload photographs, images, advice, content, information (including personally identifiable information), video, audio, sounds, descriptions, comments, reviews, responses, posts, messages, receipts, and/or any other material ("User Content") submitted or transmitted through IndioApp and/or communication facilities that may be offered on, through and/or in connection with IndioApp from time to time. You assume all risks associated with User Content, including anyone's reliance on its quality, accuracy, and/or reliability. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in these Terms. You hereby grant Enterstate, its affiliated companies, third-party service providers and sublicensees a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use, copy, distribute, transmit, publicly display, reproduce, edit, and/or reformat the User Content in order to provide IndioApp and related products and/or services. You further hereby irrevocably grant the Parks and other users the right to access and/or use User Content in connection with their use of IndioApp in accordance with these Terms. You shall not imply that User Content is in any way sponsored and/or endorsed by us.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests and/or other feedback provided by you or others relating to IndioApp ("Feedback"), then you will own this material; however, you grant to Enterstate a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback and material. We have no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Modification of These Terms of Use
We reserve the right to change the terms, conditions, and notices under which IndioApp is offered, including but not limited to the charges associated with the use of IndioApp. If we make changes and/or modifications that affect your access to and/or use of IndioApp, we will provide a notice of such changes only by posting the updated Terms on IndioApp and we will change the "last updated" date set forth above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your use of IndioApp following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Site after the effective date of the changes. Please revisit these Terms regularly to ensure that you stay informed of any changes.
Your E-mail Address and Data; Communications; Our Privacy Policy; Data Transmittal
Account. You may establish an account through IndioApp. Your account may require you to provide contact information and other forms of authentication as determined by us in our sole and absolute discretion. You agree to maintain the confidentiality of your logon, ID, and password information, and you are responsible and liable for all transactions and activities related to your account. When setting up an account, you are required to (a) abide by all applicable laws, rules, and regulations, as well as indicate agreement to these Terms, (b) provide contact information, and (c) submit any other form of authentication required during the enrollment process, as determined by us in our sole and absolute discretion. If you establish an account with us, you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using IndioApp. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by us in our sole and absolute discretion. You understand and agree that we shall have no responsibility for any incident arising out of, or related to, your account settings and/or authorized users within your account. Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate any of these limitations and/or these Terms, we may terminate your account immediately.
Privacy; Email Communication. When you provide your e-mail address, name or other information to us in connection with your use or access to IndioApp, any service or tool provided on IndioApp or otherwise, you agree to allow IndioApp and its affiliated websites to add your e-mail address, name or other information provided to our database of users. You may receive one or more promotional e-mails or physical mailings from us. You are welcome to opt not to receive such promotional materials from IndioApp at any time. Please review our Privacy Policy for more information regarding our data collection practices and safeguards, and how to opt not to receive such emails.
When accessing and/or using the Site, you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on IndioApp or by email if you provide your email address to us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SMS, Data Charges and Mobile Phones
SMS Text Service. You authorize Enterstate and its affiliates, vendors and/or partners to send calls or text messages, including messages that may originate from an automatic dialer to the mobile phone number provided. Through this program you will receive communications on your mobile device. By opting in for text messaging service, you, the user, agree to these Terms as well as our Privacy Policy as it pertains to specific usage of text messaging service. You are not required to consent to receive marketing messages or required to agree to the receipt of such messages as a condition of reserving any property and/or purchasing any goods or services. You may revoke your consent to receive SMS messages at any time by replying "STOP". Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. We do not charge for any content. However, downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All carrier charges are billed by and payable to your mobile service provider. Message and data rates may apply. By subscribing, you consent to receiving both transactional and promotional messages using automated technology. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
Data Charges. Data obtained from you in connection with this SMS service only include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services or programs you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in these Terms. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
Links to Third Party Sites
IndioApp may contain advertisements and/or links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We are not responsible for the contents, availability, or policies of any website or application accessed via a Linked Site, and have made no attempt to verify any information contained at such Linked Sites. Furthermore, we are not a party to or responsible for any access, use or transactions you may engage in with third parties at such Linked Sites (including without limitation the purchase of third-party products and/or services), even if you learn of such parties from us. If you click on Linked Sites, you do so at your own risk and you acknowledge and agree that we are not liable for any claims and/or damages related thereto. We encourage you to be aware when leaving IndioApp and to read the terms and conditions and privacy notice of each Linked Site that you visit. We reserve the right to terminate any Linked Site at any time in our sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites, as well as any products and/or services purchased through such Linked Sites.
No Unlawful or Prohibited Use
As a condition of your use of IndioApp, you warrant to us that you will not use IndioApp for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use IndioApp in any manner which could damage, disable, overburden, or impair IndioApp or interfere with any other party's use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through IndioApp.
User Safety; Use of Communication Services; Prohibited Conduct
User Safety and Communication. We encourage safe communication and interaction through IndioApp. IndioApp may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and/or to remove any materials in its sole discretion. Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. We may terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Personal Information Shared. You should exercise your best judgment when posting or sharing your personal information on the internet. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Enterstate spokespersons, and their views do not necessarily reflect ours.
Prohibited Conduct. You agree you that when you use IndioApp, including the Communication Service, you will not do or permit any of the following.
:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
upload or post anything that contains software viruses, worms, corrupted files, or any other harmful code, software or programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
restrict or inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail addresses, without their consent;
create a false identity on IndioApp, misrepresent your identity, create an account for anyone other than yourself (a real person), or use or attempt to use another's account;
develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape IndioApp or otherwise copy or data from IndioApp;
override any security feature or bypass or circumvent any access controls or use limits of IndioApp;
copy, use, disclose or distribute any information obtained from IndioApp, whether directly or through third parties (such as search engines), without our consent;
disclose information that you do not have the express consent to disclose such as confidential information of others;
violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
violate our intellectual property or other rights, including, without limitation, (a) copying or distributing our technology, unless it is released under open source licenses; and/or (b) using our trademarks in any business name, email, coding or URL or script;
copy any Enterstate API for use elsewhere or reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code from IndioApp or any related technology that is not open source;
imply or state that you are affiliated with or endorsed by us without our express consent;
rent, lease, loan, trade, sell/re-sell or otherwise use, even if not monetized, data or content from or through IndioApp or the services provided on IndioApp, without our express written consent;
use bots or other automated methods to access IndioApp or the services provided on IndioApp, add or download data or other information or send or redirect messages;
monitor IndioApp 's availability, performance or functionality for any competitive purpose;
engage in "framing", "mirroring", or otherwise simulating the appearance or function of IndioApp or the services provided on IndioApp.
overlay or otherwise modify the services provided on IndioApp or their appearance (such as by inserting elements into the services provided on the Site or removing, covering, or obscuring an advertisement related to the services provided on IndioApp); or
violate any applicable laws or regulations.
Release; Indemnification
In addition to your recognizing that Enterstate is not a party to any contract between users, you hereby release us, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity that exist as of the time you enter or otherwise agree to these Terms. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the products and/or services provided to user and/or Enterstate and requests for refunds based upon disputes.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
This release will not apply to a claim that we failed to meet our obligations under these Terms.
You agree to indemnify, defend and hold us and our affiliates, partners, officers, directors, employees, representatives, third-party service providers and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorneys' fees) arising out of and/or in relation to: (a) your use, misuse and/or abuse of IndioApp; (b) your User Content (including without limitation claims related to intellectual property infringement); (c) any use of IndioApp in breach of these Terms; (d) your violation of any law and/or the rights of a third party; and/or (e) fraud you commit and/or your intentional misconduct and/or negligence.
Liability; Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH INDIOAPP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENTERSTATE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO INDIOAPP AT ANY TIME. ADVICE RECEIVED VIA INDIOAPP SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ENTERSTATE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON INDIOAPP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENTERSTATE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTERSTATE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF INDIOAPP, WITH THE DELAY OR INABILITY TO USE INDIOAPP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH INDIOAPP, OR OTHERWISE ARISING OUT OF THE USE OF INDIOAPP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENTERSTATE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF INDIOAPP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING INDIOAPP.
Termination/Access Restriction
We reserve the right, in our sole discretion, to terminate your access to IndioApp and the related services or any portion thereof at any time, without notice. Upon termination, you agree to immediately discontinue use of IndioApp and/or related services that were promoted through IndioApp, and must provide a certified statement indicating compliance with this provision upon our request. If you violate, or if we have grounds to suspect that you violated, these Terms and/or other use parameters included on IndioApp, we reserve the right to suspend and/or terminate your access and/or account, and/or refuse your use of IndioApp (or any portion thereof) at any time.
Use Outside Defined Area
Please be aware that IndioApp is subject to United States laws, including laws governing privacy and security of your information. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of IndioApp and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on IndioApp. Those who choose to access IndioApp from other locations do so at their own risk and are responsible for compliance with applicable local laws. These Terms are written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls. In the event you are using IndioApp outside of the United States, you agree as follows: (a) you consent to having your personal data transferred to and processed in the United States; (b) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of ‘Specially Designated Nationals', you will not engage in commercial activities on IndioApp (such as advertising or payments); and/or (c) you will not use IndioApp if you are prohibited from receiving products, services or software originating from the United States.
Disputes/Arbitration
Our right to amend these Terms, in whole or in part, at any time as set forth above does not apply to this "Disputes/Arbitration" section. The version of this "Disputes/Arbitration" section in effect on the date you last accepted the Terms prevails.
Disputes. We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to IndioApp, any dealings with our customer experience agents, any services or products provided, any representations made by us, or our Privacy Policy by contacting Enterstate Customer Support via email at ____________________. If we are not able to resolve your dispute within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting us within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted these Terms). You must write us at hello@getindio.coms If you opt out, neither you nor Enterstate can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Enterstate confidential information and/or intellectual property rights, or except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt-out of arbitration as described above, any and all other disputes or claims will be resolved by binding arbitration, rather than in court. This includes any disputes or claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any disputes or claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys' fees and costs), and must follow and enforce these Terms as a court would.
All information relating to and/or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the "AAA Rules"). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location. By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Prior to beginning an arbitration proceeding, you must send a letter describing your disputes or claims to hello@getindio.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a dispute or claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, either you and/or Enterstate may assert claims, if it qualifies, in small claims court in Orange County, California, and Enterstate may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of IndioApp, breach of Enterstate’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Enterstate agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Orange County, California. Both you and Enterstate consent to the foregoing venue and jurisdiction.
California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about us must be sent to our agent for notice to hello@getindio.com. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Enterstate as a result of these Terms or use of IndioApp. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of IndioApp or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Enterstate with respect to IndioApp and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Enterstate with respect to IndioApp. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.
Additional Terms and Conditions Applicable to Online Booking
In addition to being bound by the other terms set forth herein, users and members who use online reservations or any other tool provided by us or a third-party provider on IndioApp enabling users to book the rental of properties online on one or more of the Parks (collectively, the "Reservation Services") are also bound by the terms set forth in the applicable booking, which are in addition to any other terms applicable in connection with using IndioApp. In addition, if such Reservation Services include payment or other services provided by a third-party provider, such services are subject to the additional terms and conditions and privacy policies of such third-party providers. Please review these Terms and the terms and conditions of any third-party provider carefully. If you do not agree to these or such third-party provider's terms, you have no right to obtain information from or otherwise continue using our Reservation Services. Failure to use our Reservation Services in accordance with these Terms may subject you to severe civil and criminal penalties and other liability.
Copyright and Trademark Notices
All contents of IndioApp are: © 2020-2022 Enterstate. All Rights Reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to us at hello@getindio.com.
Terms and Conditions
The parties hereby acknowledge and agree that the RV Rental Site provided herein is for the sole use of a Recreational Vehicle site rental.
T. All guests must register in the office. The RV Site Renter and Guests shall abide by all Community Standards (“Rules and Regulations”). OWNER reserves the right to amend the Community Standards from time to time, by which Renter shall abide.
Check-out is 12:00 noon. Check-in is 1:00 p.m. to 5:00 p.m. Late check ins must register and pay at the office within 24 hours. Due to previous reservations, late check ins may be required to move. If you plan to extend your stay, the earlier you let us know, the better your chance of keeping a site. Failure to check out on time will result in late charges as well as the possibility of you being towed at your own expense. Late check out charges are 50% of daily base rate.
Any Renters' and Guests' stay that exceeds 10 days must be screened by Owner using Owner's standard procedures for acceptance of a new tenant, including filling out an application for tenancy and passing a criminal background check. Any Renter or Guest who does not pass the applicant screening process shall immediately vacate the premises.
RV Site Renter shall maintain the Site and the RV thereon in a clean and uncluttered condition. The RV occupying the Space shall be kept in a neat, clean and repaired condition at all times.
One self-contained RV per site and two vehicles per site. All vehicles must be parked within the designated parking areas. Parking is not allowed on lawn and recreation areas, in vacant sites, or in the streets except for loading and unloading (15 minutes). Please register your vehicles' license tag numbers at the front desk upon arrival. Unauthorized vehicles will be towed at the owners' expense.
It is mutually agreed that OWNER shall not be liable for the safe keeping or condition of the RV, or any equipment appurtenant thereto, and the RV Owner must carry his or her own insurance thereon. OWNER shall not be liable for any damage or loss to or of the RV, equipment or any property whatsoever, from any cause whatsoever, or for injury to the Owner(s), guest(s) or invitee(s) or any other persons. The RV Owner/Renter, his or her heirs or assigns, hereby agree to indemnify and hold harmless OWNER from any and all claims, liability or damages for property or personal injury, loss of life to themselves, guests, employees, invitees, guests, agents, or any other persons whatsoever, or property damage or property loss howsoever caused.
In the event of a breach of this Agreement, or a violation of any of the Rules and Regulations of OWNER, including, but not limited to, the specific Rules and Regulations governing the Community, OWNER may terminate this Agreement upon written notice to the Site Renter at the site or at the address stated below, and Site Renter shall promptly pay all sums due OWNER and remove the RV from the premises. A failure to remove the RV from the premises promptly of the written notice of termination of this Agreement, shall constitute an abandonment of the RV. OWNER shall then have a lien against the RV for any sums owing OWNER, and may sell or otherwise dispose of the property, and may include towing and disposal at the owner's expense.
Site Renter hereby grants OWNER a security interest in and OWNER shall have a lien against the described RV, including but not limited to the appurtenances and contents, to secure all amounts owed to OWNER under this Agreement. Any and all other sums owed by Renter to OWNER including, without limitation, for unpaid sums due for use of Owner's facilities, purchase of goods, electrical or other services, or for damage caused or contributed to by the described RV by Renter, his guests or invitees, to any property of the Community or any other person. OWNER may exercise any remedy set forth in this Agreement and as otherwise available under the Uniform Commercial Code or applicable law, including taking possession of the RV and the sale of the RV and its contents, without further notice of Renter.
Renter/RV Owner's liability insurance, registration and information required. The RV Owner shall be required to carry personal injury and property damage liability insurance in an amount sufficient to cover any and all damages caused by the described RV, Renter or Renter's guests or invitees. Renter/Owner shall provide OWNER office with proof of such insurance, a copy of a valid registration for the described RV and a valid mailing address and phone number of Renter/Owner. Renter/Owner shall notify OWNER of any change in address or phone number.
Waiver of any one condition by the Community shall NOT be deemed to be a continuing waiver.
1T. All persons causing injury or damage to other persons, property or other RVs or homes shall be liable therefore, and violations of OWNER rules, disorder, or indecorous conduct by a Renter or guests that might injure a person, cause damage to property, or harm the reputation of the Community, is cause for immediate removal of the RV in question from the premises. Pets must be controlled to ensure the peace and privacy of other guests and tenants.
Renter shall indemnify and hold harmless OWNER from all costs, losses, or expenses incurred by OWNER for any damage caused by Renter or Renter's guests to the OWNER's property and facilities.
Venue for any legal action shall be in the state of Missouri
In the event of a dispute over the terms of this Agreement, the substantially prevailing party as determined by the trier of fact shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees
This Agreement shall be deemed to be the complete agreement between the parties. All prior negotiations shall be merged herein. This Agreement may be amended only by written agreement signed by all parties.
WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE, WITHOUT REFUND, ANYONE VIOLATING THE COMMUNITY STANDARDS, FEDERAL, STATE OR LOCAL LAWS.
These Standards, to the extent they are applicable to your RV SITE LEASE AGREEMENT are deemed attached to, incorporated into, and made a part of your Lease, even if the Lease is amended from time to time, and are effective as of the date they are provided to you, even if you refuse to sign and acknowledge receipt.
THE STANDARDS. Except as expressly modified by these Standards, all terms and conditions of the Lease remain unchanged, and the provisions of the Lease are applicable to the fullest extent consistent with these Standards. If a conflict between the terms of these Standards and the Lease exists, the terms of these Standards shall control the matters specifically governed by these Standards. Any breach of the terms of these Standards shall constitute a breach of the Lease to the same extent and with the same remedies to Owner as provided in the Lease or otherwise available at law or equity.
Definitions. Unless otherwise stated in these Standards, the Definitions contained in the Lease shall apply to these Standards.
For purposes of these Standards and the RV Site Lease Agreement, the terms “Renter” and “Resident” mean the same thing and are used interchangeably.
For purposes of these Standards and the RV Site Lease Agreement, the term “Occupant” means any natural person occupying the RV while it is located with the Community on the RV Site.
For purposes of these Standards and the RV Site Lease Agreement, the term “Guest” means an invitee of any Resident or Occupant.
COMPLIANCE WITH STANDARDS.
Compliance. In addition to the personal copy provided to Resident, a copy of the Standards will be posted (or otherwise available) in the Community Manager's office. All Residents, Occupants and Guests must comply with the Standards and do so in a manner that does not unreasonably disturb nearby neighbors, the community as a whole, or constitute a breach of peace.
Owner's Right of Self-Help. If Resident fails to timely perform any of his/her duties under the Standards, Owner shall have the right (but not the obligation), to perform such duty on behalf and at the expense of Resident without prior notice to Resident, and all sums expended or expenses incurred by Owner in performing such duty (including, without limitation, any lawful hourly labor charges that Owner may impose from time to time) shall be deemed to be Additional Rent under the Lease and shall be immediately due and payable by Resident upon demand by Owner.
OCCUPANCY.
Owner reserves the right to refuse to accept further Rent and terminate the Lease of anyone who fails to comply with these Standards.
No Resident, Occupant or Guest is permitted to play in the Community's private streets or in the yards of other Community Residents, or to pass through other Community Residents' yards. Resident is responsible for the actions of Occupants and Guests who violate these Standards, and for any resulting damages. No Resident, Occupant or Guest is permitted to play on any RV Site other than Resident's own RV Site without the express permission of the other RV Site Resident. Climbing the trees in the Community is prohibited. No unauthorized activities are allowed in the Community's private streets.
APPEARANCE AND CARE OF THE RV SITE.
Resident is not permitted to construct or cause to be constructed any fence, barrier or any other form of pet restraining perimeter anywhere on the RV Site.
Only standard camping-type outdoor furniture, barbecue grills or smokers, are permitted on the RV Site. While in use, grills/smokers must be placed a safe distance from the RV and stored out of the way when not in use. The RV Site is not to be used for storage or any kind.
All outdoor clotheslines are prohibited. Folding drying racks may be used for clothing hung outside. Lines for hanging clothes outside that are strung between trees, the RV, carport and other supports are not permitted. Under no circumstances may clothes be hung on the exterior of the RV.
Resident shall not install any utility or other types of storage sheds on the RV Sites
STREETS AND PARKING.
Resident acknowledges that the Community's streets may be private and not public thoroughfares.
If additional off-street parking is provided in the Community for passenger vehicles, then Resident must park any passenger vehicles on such off-street parking.
Other than basic cleaning, routine maintenance (adding washer fluid or engine oil, replacing wiper blades, etc.), or simple repairs (changing fuses or lightbulbs, jumpstarts, battery replacement, tire change to replace a flat, etc.), mechanical or other repairs of RVs and passenger vehicles is not permitted at a RV Site or elsewhere within the Community. Vehicles, including RVs, without current licenses, inspection stickers and tags, or which are inoperable or in a state of disrepair including, but not limited to, those which are rusted, dented, or unpainted or which are missing external parts, are not to be stored on any RV Site or in any other area within the Community. No vehicle may be on jacks, blocks or ramps at any time other than for emergency tire changes or repairs lasting no longer than 3 hours. Due to the safety hazard it presents, any vehicle left on jacks, blocks or ramps is subject to immediate towing without notice, or with such minimum notice as may be required by applicable Law, at the vehicle owner's expense.
ATV's, minibikes, dirt bikes, go-carts, or any motorized vehicles not properly licensed for use on public streets are prohibited in the Community. All permitted vehicles must have factory type quiet mufflers. No unlicensed off-road vehicles will be permitted within the Community.
Speed bumps, if installed, are a safety measure. Owner or the Community Manager is not responsible for any damage to property or personal injury resulting from contact with a speed bump.
Owner or the Community Manager is not responsible for any damage to property or personal injury resulting from contact with any potholes, rocks, dips, ruts or debris in or on a road, or other structures, obstructions or debris abutting any road.
Speeding in excess of posted limits is prohibited. All autos, motorcycles, mopeds and any other vehicle must observe posted speed limits or, if no signs are posted, must observe a speed limit of 10 miles per hour and must obey all “stop signs” and other posted traffic controls. A FULL STOP must be made at all stop signs. Resident must inform all Occupants and Guests about the speed limit and these Standards applicable to Vehicles.
Skateboarding or long-boarding is prohibited in the Community, except in specifically designated areas, if any.
Bicycles, golf carts and pedestrians have the right of way, and must observe all traffic rules.
Only individuals having a current, valid driver's license or learner's permit may operate a motor vehicle in the Community.
PETS
IF PETS ARE ALLOWED IN THE COMMUNITY, no pet with a history of aggression, including biting or attacking any person is permitted. Any pet that bites or attacks any person or other pet must be immediately and permanently removed from the Community. No dangerous breeds are permitted in the Community which includes, but is not limited to: Akita, Alaskan Malamute, American Bulldog, American Staffordshire, Bandog, Boerboels, Cane Corsos, Chow Chows, Doberman Pinschers, Dogo Argentino, Fila Brasiliero, German Shepherds, Great Dane, Mastiff, Presa Canarios, Rottweilers, Pit Bulls, Pit Bull Terriers, Siberian Husky, Staffordshire Terriers, Tosa Inu, and Wolf of Wolf Hybrids, or other hybrids containing any of the foregoing breeds. No exotic or farm animals are permitted in the Community. Residents must comply will all applicable Laws prohibiting dangerous or banned breeds, or other prohibitions against keeping other types of animals as pets.
Residents are liable for and shall defend, indemnify and hold the Owner's Related Parties harmless from all Losses and injuries caused by their pets (irrespective of whether such pets are on the Community with or without Owner's consent). In addition, Residents shall comply with all provisions of any rules, regulations, and ordinances of any governmental authority or agency and all applicable Laws with respect to dogs, cats and other pets.
Pets belonging to Guests may not be boarded in the Community.
Service and assistance animals as defined by federal and local law are permitted with reliable provider written verification. Please contact your Community Manager for the necessary paperwork.
Pets are prohibited inside the Community office and inside other Community or recreation buildings or facilities.
Feeding of stray or wild animals is prohibited.
Any pet found running loose may be picked up and delivered to the local animal shelter. If the animal is wearing identifying tags, the Community Manager may, but is not obligated to, first attempt to return the animal to its owner. In the event the Community Manager picks up the animal, a special service fee of $25 will be charged to the Resident as Additional Rent.
Pets must be kept on leashes at all times while outside and may not be tied outside or left unattended. Resident must restrain and control pet activity while in the Community and its Common Areas.
Resident is responsible for immediate and proper cleaning up after and disposal of all pet waste. If Resident fails to comply with this Section, Owner may clean up the pet waste and impose upon Resident a separate waste removal fee of $25 per pick-up which will be charged to the Resident as Additional Rent. Persistent failure by Resident to properly clean up pet waste shall be grounds for immediate permanent removal of the pet from the Community as provided in these Standards or applicable law. Owner may also pursue all other remedies provided under the Lease, at law or in equity, for Residents failure to comply with this Section.
In the event that Resident breaches any of the terms and conditions of this Section, and such breach continues for more than three (3) days after written notice from Owner, then, in addition to any of Owner's other rights and remedies under the Lease, at law or in equity, Owner shall have the right to require removal of, and to remove, the pet from the RV Site and the Community (without affecting the Lease or Resident's responsibilities and obligations under the Lease).
TRASH/GARBAGE.
All garbage must be bagged, placed in a garbage container and securely closed at all times. Cardboard boxes must be broken down flat.
Items such as, but not limited to, feminine hygiene products (including those labeled “flushable”), condoms, metal, rubber, clothes, plastic, paper towels, fabric, grease, disposable diapers, and the like are not to be disposed of in Community toilets or drains. Expenses of purging clogged sewer lines of such foreign objects shall be the burden of the.
The trash or waste removal company will pick up trash according to its own schedule and rules. Residents are responsible for cleaning up any scattered or remaining residue resulting from collection. It is Resident's responsibility to remove any trash the trash or waste removal company will not handle. Resident shall not dispose of hazardous waste in garbage containers or anywhere in the Community.
SATELLITE DISHES AND ANTENNAS.
Installation and placement of any outdoor reception device (satellite dish, antenna, or any other such device) (“ORD”) on an RV Site is prohibited.
RESIDENT CONDUCT.
Quiet hours are from 10 p.m. to 6 a.m. Sunday through Thursday (“Week Day Quiet Hours”); and 11 p.m. to 6 a.m. Friday and Saturday (“Weekend Quiet Hours”). If a federal, state or local holiday is formally observed on a day which is a Sunday through Thursday, then Weekend Quiet Hours shall be observed. In the case of the New Year's Eve holiday (U.S. observed), quiet hours shall not commence until at 1 a.m. on New Year's Day and ending at 6 a.m. that same day.
Noise or conduct that disturbs the peaceful enjoyment of the Community that is deemed a nuisance to other residents, or that materially interferes with the Community Manager's operation of the Community, or that constitutes a breach of the peace is prohibited. Loud noises, loud parties, yelling, screaming, other loud noise-making, and abusive or profane language outside or inside are not permitted at any time in the Community. Resident and Guests must conduct themselves in an orderly fashion and must ensure that they behave in such a manner as not to annoy, disturb, or interfere with other Community Residents peaceful enjoyment of their homes and the Community. Noise which can be heard outside the RV or RV Site from which it originates will be considered too loud. Written complaints filed with the Community Manager by other residents concerning noise or disturbances caused by any Resident or Guest shall be considered evidence of a violation of these Standards.
Residents and all Occupants or Guests shall not allow anything to be done on the RV Site or in the RV, including the operation of any equipment or machinery, that may result in personal injury or property damage to the RV Site or the Community, or that is disturbing to other residents. Residents, Occupants or Guests shall not allow any activity that may constitute or create a liability on the part of Owner or interfere with the quiet enjoyment of other residents.
No alcoholic beverages or adult recreational substance may be used or consumed on or in any Common Area or recreational facility of the Community. Smoking or vaping is not allowed in the clubhouse, if any, or any other Community structure and is prohibited as otherwise provided by Law.
Residents will be held responsible for the conduct of all Occupants and Guests.
Residents, Occupants and their Guests are prohibited from verbally or physically harassing, threatening, intimidating, or otherwise menacing other Residents, Occupants, Guests, Community staff, vendors or third-party contractors. Residents and Occupants may receive violation notices for such behavior, including the actions of their Guests, and multiple violations will be grounds for eviction.
Illegal drugs and drug paraphernalia are strictly prohibited and will be reported to the local authorities.
Criminal activity is strictly prohibited and will be reported to the local authorities.
No Resident, Occupant or Guest shall engage in criminal activity, including drug-related criminal activity, on or near the RV, the RV Site, or anywhere in the Community. “Drug-related activity” means the illegal manufacture, sale, distribution, use, or possession with the intent to manufacture, sell, distribute, or use a controlled substance, as defined by applicable Laws.
No Resident, Occupant or Guest shall engage in any act intended to facilitate criminal activity, including drug-related activity, on or near the RV, the RV Site, or anywhere in the Community.
Resident shall not permit the RV to be used for, or facilitate criminal activity on or near the RV, the RV Site, or anywhere in the Community, including drug-related activity, regardless of whether the individual engaging in such activity is a Resident, Occupant or Guest.
No Resident, Occupant or Guest shall engage in the unlawful manufacturing, selling, using, storing, keeping or giving of a controlled substance (as such term is defined by applicable Laws) on or near the RV, the RV Site, or anywhere in the Community.
No Resident, Occupant or Guest shall engage in any illegal activity, including prostitution, criminal gang activity, assault (including threatening or intimidating other persons in the Community), battery, including but not limited to the unlawful discharge of firearms or use of fireworks on or near the RV, the RV Site, or anywhere in the Community, or any breach of the Lease that jeopardizes the health, safety, welfare or peaceful existence of Owner, the Community Manager, or other residents, or involving imminent or actual property damage.
A single violation of any of these Standards shall be good cause for immediate termination of the Lease. Unless otherwise provided by Law, proof of violation shall not require criminal conviction.
In addition to any other default set forth elsewhere in the Lease, Resident shall be in default of the Lease if:
During the Lease Term, Owner becomes aware that Resident or any Occupant commits or has committed a crime with respect to any Drug-related activity, sexual offense, crime against person or property, or any other felony (regardless of whether arrest or conviction occurs);
During the Lease Term, Owner becomes aware that Resident, Occupant or Guest is or has been listed on a registry of sex offenders;
During the Lease Term, Owner becomes aware that any Resident, Occupant or Guest has been convicted of a crime involving any Drug-related activity, sexual offense, or crime against a person or property; or
Owner reasonably believes that any Resident, Occupant or Guest is participating in, or has participated in, gang-related activity, or is or was otherwise associated or affiliated with gang-related activity.
Open fires and fire pits are prohibited on or near the RV Site or the Community.
Firearms, paint ball guns, air rifles, bows and arrows, slingshots, bb guns, other forms of weaponry capable of firing dangerous projectiles, or fireworks, may not be discharged anywhere in the Community.
SOLICITING OR PEDDLING, AND COMMUNITY NOTICES. In order to preserve and protect the privacy and peaceable enjoyment of the Community by Residents, soliciting or peddling, including door-to-door solicitation and peddling, is not permitted anywhere in the Community. Vendors, peddlers and agents (including representatives of nonprofit organizations) are prohibited from commercial solicitation of any nature in the Community. Vendors, peddlers and agents, after showing proof of insurance to the Community Manager, may from time to time, and only upon prior written permission of the Community Manager, be permitted to conduct business from prearranged facilities in the Community at times and on dates specified by the Community Manager. A Resident may provide to the Community Manager for posting a single flyer or other notice provided by a Resident advertising items for sale, the formation of clubs, rideshares, child play groups, local area activities or other matters of interest to the Community on a board, wall or other designated area located in a Common Area or the Community Manager's office. The flyer or notice will remain posted for a period of two weeks, after which the flyer or notice will be removed without further notice. The Community Manager, in his/her sole discretion, may refuse to post flyers or notices which violate federal, state, or local law, or are otherwise deemed inappropriate, or remove flyers or notices posted without the Community Manager's approval. The Community Manager may use this board or wall to post general notices advising Residents of upcoming events or inspections unless otherwise prohibited by law.
BUSINESS. No business or commercial enterprises shall be permitted to be operated by any Resident, Occupant or Guest from or within the RV, RV Site, or elsewhere in the Community
WEAPONS. Unless permitted by Law, the possession or display of weapons in the Community, including but not limited to, firearms, paint ball guns, air rifles, bows and arrows, slingshots, bb guns, or any other type of weapon by any Resident, Occupant or Guest, is strictly prohibited.
GUESTS AND OCCUPANTS. Guests are not permitted to stay in the RV/RV Site for more than 14 consecutive days.
USE OF RECREATION FACILITIES. The use of recreational facilities and/or other amenities (pools, playgrounds, clubhouses, picnic areas, etc.) is a privilege and not a right. As such, their availability is not a bargained for consideration with regard to entry into the Lease with Owner. The use of such facilities may be limited or restricted by the Community Manager, in his/her sole discretion, and may be closed from time to time as necessary in the Community Manager's judgment for appropriate cleaning and/or repairs, and no such closures shall be grounds for abatement of rent. Rules posted in the Common Areas will be strictly enforced, and the Community Manager shall have the right to bar usage of such facilities to any person based upon such person's prior conduct. The Common Areas and other recreation facilities are provided for use by Resident, Occupants and Guests on a “USE AT YOUR OWN RISK” basis. For the safety of our Residents and Occupants or Guests, the use or consumption of alcoholic beverages, adult recreational substances, or medications affecting a person's ability to safely use the recreation facilities is prohibited in or around the recreation facilities within the Community.
POOL AREAS; LAUNDRY FACILITIES.
a) Swimming Pools. Any references in these Standards to a pool or spa shall only be applicable to the extent the Community provides a pool or a spa as a Common Area.
Resident, Occupants or Guests using the pool or spa must obey all posted signs regarding such use. Persons using the pools or spa do so at their own risk. There is no lifeguard on duty.
All Residents, Occupants or Guests must shower before using the pool or spa.
Unless otherwise posted, no one under the age of 12 may use the pool or spa unless accompanied by an adult Resident.
Residents, Occupants or Guests are not permitted to use the swimming pool or spa pool unless accompanied by a Resident.
Any Residents, Occupants or Guests who are incontinent or who are not “potty trained” are not permitted in the pool or spa without swim diapers.
For the safety of our Residents and Occupants or Guests, smoking, vaping, and the use or consumption of alcoholic beverages, adult recreational substances or medications affecting a person's ability to safely use the pool and spa are prohibited in the swimming pool or spa.
For protection of outdoor furniture, Residents and Occupants or Guests using the pool, spa or accompanying amenities must place towels over chairs when using suntan oil, creams, or lotions.
No one with a communicable skin disease or open wound will be permitted in any pool or spa.
Shoes or sandals must be worn to and from the pool or spa area.
The Community Manager reserves the right to limit or restrict the use of the pools and spas. Residents are responsible for the conduct of their Occupants or Guests.
No glass containers of any kind are permitted in the pool or spa area.
No diving is permitted in any pool or spa.
No horse play or other activities are permitted which are disruptive to other users of the pool or spa.
Pools hours and additional pool rules are posted in the pool area and are incorporated herein by this reference.
The Community Manager may, from time to time, post additional rules and regulations regarding the use of pool areas, which additional rules and regulations are hereby incorporated herein.
b) Laundry Facilities. Any references in these Standards to laundry facilities shall only be applicable to the extent the Community provides laundry facilities as a Common Area.
The laundry facilities are provided for the exclusive use of Residents of the Community.
Laundry hours are posted. These facilities will be closed from time to time at the Community Manager's discretion for maintenance.
Washers, dryers, and all other laundry facilities are to be cleaned by Resident, inside and out, immediately after use. Clothes are to be removed from washers and dryers as soon as the cycle is completed. Dyeing may not be done in the washers. The laundry facility is to be left in a clean, neat, and orderly condition.
The Community Manager may, from time to time, post additional rules and regulations regarding the use of laundry facilities, which additional rules and regulations are hereby incorporated herein.
COMPLAINTS AND NOTICES. All complaints must be made in writing, signed by the Resident, and delivered to the office of the Community Manager. If Resident has any complaints, recommendations, etc., please discuss them with the Community Manager.
VIOLATIONS OF STANDARDS. VIOLATION OF ANY OF THESE STANDARDS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION AND BREACH OF THE LEASE AND SHALL CONSTITUTE GOOD CAUSE FOR TERMINATION OF THE LEASE.
STANDARD OF DECISION. Unless otherwise expressly provided in these Standards or required by Law, if Owner has discretion with respect to any matter, or any consent or approval is to be made by Owner, such discretion, consent or approval shall be in Owner's sole and subjective discretion.
SPECIAL EXCEPTIONS. The Community Manager reserves the exclusive, unrestricted right to grant special exceptions to these Standards when, in the sole discretion of the Community Manager, special circumstances warrant the granting of special exceptions or written waiver of a particular provision as it applies to a particular Community Resident, so long as such exception or waiver does not interfere with the general welfare, health and safety of the other residents of the Community.
CONFLICTS. To the extent that any Laws impose any requirement on Owner or Resident that are contrary to any provision of these Standards, or prohibit the inclusion in any lease or rules any provision included in these Standards, these Standards shall be deemed to be amended so as to comply with such Law. The reformation of any provision of these Standards shall not invalidate the remaining Standards. If an invalid provision cannot be reformed, it shall be severed and the remaining portions of these Standards shall be enforced as written.