Indio

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.