Cancellations made ten (10) days or more prior to the booked date will receive a full refund. Cancellations made five (5) to ten (10) days prior to the booked date will receive a credit for future use. Cancellations made five (5) days or less before the booked date will receive no refund or credit. By submitting a booking request for any RareWaters property, you agree to this cancellation policy. If you request to book a property within 10 days of the request date, and the booking is approved and you cancel the booking, you will receive a credit for future use. RareWaters is not responsible for weather, river flows or fishing conditions. Anglers are responsible for determining weather, river flows and fishing conditions. Refunds and credits will not be issued for weather, river flows or fishing conditions.
Last Updated Date: May 16, 2023
Effective Date: May 16, 2023
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE RAREWATERS PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.
Last Updated: May 16, 2023
These Terms constitute a legally binding agreement (“Agreement“) between you and Rarewaters, Inc. a Delaware corporation (“Rarewaters”) governing your access to and use of the Rarewaters website (the “Site“), our mobile applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Rarewaters Services“). The Site, Application and Rarewaters Services together are hereinafter collectively referred to as the “Rarewaters Platform”.
When these Terms mention “Rarewaters,” “we,” “us,” or “our,” it refers to Rarewaters.
Landowners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Landowner Services (as defined below). If you have questions about how local laws apply to your Listing(s) and Landowner Service(s) on Rarewaters, you should always seek legal guidance.
- Scope of Rarewaters Services
1.1 The Rarewaters Platform is an online marketplace that enables registered users (“Users”) and certain third parties who offer services (Users and third parties who offer services are “Landowners” and the services they offer are “Landowner Services”) to publish such Landowner Services on the Rarewaters Platform (“Listings”) and to communicate and transact directly with Users who are seeking to book such Landowner Services (Users using Landowner Services are “Guests”). Landowner Services include the offering of single or multi-day access to Landowner’s property for Landowner-specified fishing or other outdoor related activities (“Activities”). A Landowner may also provide Guests access to public lands through the Landowner’s land.
1.2 As the provider of the Rarewaters Platform, Rarewaters does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Landowner Services. Landowners alone are responsible for their Listings and Landowner Services. When Users make or accept a booking, they are entering into a contract directly with each other. Rarewaters is not, and does not become, a party to or otherwise participant in any contractual relationship between Users. Rarewaters is not acting as an agent in any capacity for any User. By using the Rarewaters Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of another User or other third parties will be limited to a claim against the particular User or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Rarewaters with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with the other User regarding any Listings.
1.3 While we may help facilitate the resolution of disputes, Rarewaters has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Landowner Services, (ii) the truth or accuracy of any Listing descriptions or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Rarewaters does not endorse any User, Listing or Landowner Services. Any references to a User being “verified” (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Rarewaters about any User, including the User’s identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Landowner Services, accept a booking request from a Guest, or communicating and interacting with other Users, whether online or in person.
1.4 If you choose to use the Rarewaters Platform as a Landowner, your relationship with Rarewaters is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Rarewaters for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Rarewaters. Rarewaters does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Landowner Services. You acknowledge and agree that you have complete discretion whether to list Landowner Services or otherwise engage in other business or employment activities.
1.5 To promote the Rarewaters Platform and to increase the exposure of Listings to potential Guests, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The Rarewaters Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Rarewaters is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Rarewaters of such Third-Party Services.
1.7 Due to the nature of the Internet, Rarewaters cannot guarantee the continuous and uninterrupted availability and accessibility of the Rarewaters Platform. Rarewaters may restrict the availability of the Rarewaters Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Rarewaters Platform. Rarewaters may improve, enhance and modify the Rarewaters Platform and introduce new Rarewaters Services from time to time.
- Eligibility, Using the Rarewaters Platform, User Verification
2.1 In order to access and use the Rarewaters Platform or register a Rarewaters Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the state or country in which you are established, and able to enter into legally binding contracts.
2.2 Rarewaters may make access to and use of the Rarewaters Platform, or certain areas or features of the Rarewaters Platform, subject to certain conditions or requirements.
2.3 Although Rarewaters uses third party identity verification processes, User verification on the Internet is difficult and we cannot assure Landowners that such processes will result in accurate or complete information about a particular User.
- Modification of these Terms
Rarewaters reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Rarewaters Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least fifteen (15) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Rarewaters Platform will constitute acceptance of the revised Terms.
- Account Registration
4.1 You must register an account (“Rarewaters Account“) to access and use certain features of the Rarewaters Platform, such as publishing or booking a Listing. If you are registering a Rarewaters Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Rarewaters Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your Rarewaters Account and your SNS Account at any time, by accessing the “Settings” section of the Rarewaters Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Rarewaters Account and public Rarewaters Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Rarewaters Account unless Rarewaters authorizes you to do so. You may not assign or otherwise transfer your Rarewaters Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Rarewaters Account credentials and may not disclose your credentials to any third party. You are liable for any and all activities conducted through your Rarewaters Account, unless you immediately notify Rarewaters if you know, or have any reason to suspect, that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Rarewaters Account.
5.1 Rarewaters may, in its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Rarewaters Platform (“User Content“); and (ii) access and view User Content and any content that Rarewaters itself makes available on or through the Rarewaters Platform, including proprietary Rarewaters content and any content licensed or authorized for use by or through Rarewaters from a third party (“Rarewaters Content” and together with User Content, “Collective Content“).
5.2 The Rarewaters Platform, Rarewaters Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Rarewaters Platform and Rarewaters Content, including all associated intellectual property rights, are the exclusive property of Rarewaters and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Rarewaters Platform, Rarewaters Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Rarewaters used on or in connection with the Rarewaters Platform and Rarewaters Content are trademarks or registered trademarks of Rarewaters in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Rarewaters Platform, Rarewaters Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Rarewaters Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rarewaters or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Rarewaters grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Rarewaters Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all User Content that you make available on or through the Rarewaters Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Rarewaters Platform or you have all rights, licenses, consents and releases that are necessary to grant to Rarewaters the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Rarewaters’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Rarewaters policy. Rarewaters may, without prior notice, remove or disable access to any User Content that Rarewaters finds to be in violation of applicable law, these Terms, or otherwise may be harmful or objectionable to Rarewaters, its Users, third parties, or property.
5.8 Rarewaters respects copyright law and expects its Users to do the same. If you believe that any content on the Rarewaters Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
- Service Fees
6.1 Rarewaters may charge fees to Landowners (“Landowner Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the Rarewaters Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Landowner or Guest prior to publishing or booking a Listing. Rarewaters reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Rarewaters.
6.4 You will not use the Rarewaters Platform, Rarewaters Content, and User Content, in an effort to contravene any rights of Rarewaters to collect Services Fees, including, without limitation, encouraging any Guest or Landowner to book or list a Listing other than through the Rarewaters Platform. If you make any booking other than on the Rarewaters Platform, that booking will not be covered by these Terms of Service or Rarewaters’s insurance.
- Terms Specific for Landowners
7.1 Terms Applicable to all Listings
7.1.1 When creating a Listing through the Rarewaters Platform you must (i) provide complete and accurate information about your Landowner Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Rarewaters. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
- When creating a listing, you represent and warrant that you are the owner of the property, or have the right to list the property in the Rarewaters Platform.
- Landowner hereby grants to Company, its agents, independent contractors, employees, and Anglers, an exclusive license to enter upon and use the Property (in common with Landowner) for the sole purpose of conducting fly-fishing trips and lodging subject to the terms and conditions set forth herein (the “License”).
- Term. The License takes effect upon the Effective Date and shall continue for a period of five (5) years thereafter (the “Term”) unless revoked and terminated sooner by Landowner pursuant to Section 8 below. Unless revoked or terminated by Landowner sooner, his License shall automatically renew and the Term shall automatically be extended for one (1) year terms perpetually upon the expiration of the initial Term (the “Renewal Term).
- Exclusivity. Use of the Property for the Permitted Use shall be exclusive to the Company during the Term or any Renewal Term. Landowner covenants and agrees that during the Term (and any Renewal Term), Landowner shall not enter into any agreement or grant any other license, permission, tenancy or other authorization to any other person or entity to use the Property for the Permitted Use.
- Fees & Payment. As consideration for the License and access to the Property, Landowner shall charge and collect (“Private Access Fees”) from Company. Company reserves the right to determine and set the associated angling fees at its discretion, including based on holidays or off-season demand. Payments shall be sent to Landowner monthly, based on the total number of anglers who booked the property during the month. Agents working on behalf of the Company shall have reasonable access to the property during reasonable hours for fly fishing and marketing purposes at no charge to gather marketing content and gain intimate knowledge of the property so the Company can adequately communicate information to anglers.
- Conditions of Use. The Company’s use of the Property is expressly conditioned upon following:
- Scheduling & Reservations. All angling and lodging days and accommodation rentals shall be reserved and scheduled through the Company’s website and/or mobile application (“App”). If Landowner does not accept or deny a booking request within 48 hours of receiving the email, Company may assume that Landowner approves and, therefore, retains the right to send the angler to the property for the desired booking date.
- Compliance with Rules. Company agrees to comply, and cause its agents, independent contractors, employees and Anglers to comply, with the Property Rules set forth on the attached Exhibit B. Company understands that Landowner reserves the right to modify, amend or otherwise at Landowner’s sold discretion alter the Property Rules at any time during the Term or any Renewal Term and shall provide a copy of any such amended rules to Company prior to enforcement.
- Release and Assumption of Risk. Company agrees to cause ALL PERSONS who access the Property pursuant to this Agreement, including Company, its agents, independent contractors, employees and Anglers, to adhere to the Angler Release and Assumption of Risk attached as Exhibit C (the “Release”), prior to allowing any such person to access the Property. Company shall furnish the Landowner with copies of the signed Releases upon reasonable advance written request. Release is signed by anglers digitally via the Company website.
- Termination. The License granted pursuant to this Agreement is revocable by Landowner. Landowner may terminate this Agreement and the Licenses as follows: (i) in its sole and absolute discretion for any reason, with or without cause, upon ninety (90) days advance written notice to Company; or (ii) upon Company’s material breach of this Agreement after providing Company with fourteen (14) days advance written notice and opportunity to cure.
- Compliance. In the event the Landowner is offering lodging to Anglers or other guests, Landowner is responsible and liable for your Lodging and any content or listings you create and post on the Rarewaters Platform, including any listing or Content created on your behalf by a third-party, agent or representative, and any third-party claims based on your listings or content. Accordingly, you represent and warrant that any listings you create, including any listings created on your behalf by a third-party, agent or representative, and the accommodation(s) or lodging in such listings: (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements; and, (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any Accommodation included in your listing (including having all required permits, licenses, and registrations), and (b) not conflict with the rights of third parties
7.1.5 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Landowner Services.
7.1.6 The placement and ranking of Listings in search results on the Rarewaters Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Landowner requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Landowner Service, and/or ease of booking.
7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Landowner Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Landowner Fee and any applicable Taxes.
7.1.8 Although Rarewaters has obtained certain insurance, Rarewaters recommends that Landowners obtain appropriate insurance for their Landowner Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests while participating in your Landowner Service.
7.1.9 When listing an Activity, you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Activity, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Activity (including special certifications or licenses).
- Terms Specific for Guests
8.1 Terms Applicable to all Bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Rarewaters and/or the Landowner, you can book a Listing available on the Rarewaters Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Rarewaters Account.
8.1.2 Upon receipt of a booking confirmation from Rarewaters, a legally binding agreement is formed between you and your Landowner, subject to any additional terms and conditions of the Landowner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.
8.1.3 If you book a Landowner Service on behalf of additional Guests, you are required to ensure that every additional Guest meets any requirements set by the Landowner, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Landowner. If you are booking for an additional Guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in the Landowner Service if accompanied by an adult who is responsible for them.
8.1.4 You should carefully review the description of any Landowner Service you intend to book to ensure you (and any additional Guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Landowner has specified in their Listing.
8.1.5 Before and during an Activity you must at all times adhere to the Landowners’ instructions and all applicable laws.
8.1.6 Each Guest is responsible for ensuring that he and all members of his party have all appropriate permits, licenses, and tags. Should the Guest realize he, or his party, has performed an Activity without the appropriate permit, license, or tag, it is the Guest’s responsibility to report the occurrence to the appropriate authority.
8.1.7 Each Guest is responsible for his own safety and for handling an emergency, and should have a plan of what to do in case he needs assistance. Each Guest should have a method of communication and check-in process, but should also be aware that cell coverage is spotty and not always reliable. Guests cannot expect Landowners to rescue them. For a medical emergency, Guests should contact emergency services.
8.1.8 Although Rarewaters has obtained certain insurance, Rarewaters recommends that Users obtain appropriate insurance, including appropriate vehicle and health insurance. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the provide sufficient medical coverage in the event you or a member of your party are injured while participating in an activity booked on the Rarewaters Platform. You should not consider Rarewaters as an insurer, and you should not rely on any insurance that Rarewaters may provide as being sufficient or an alternative to insurance you maintain, or should maintain.
8.1.9 User Release and Assumption of Risk
In consideration of being permitted access to any of RareWaters’ properties (the “Properties”) and participating in fishing, hiking, guided excursions, camping or any other activity provided or organized by RareWaters LLC, LLC (“Company”) on or about the Properties, hereinafter referred to as the “Activity”, all Users do hereby knowingly and voluntarily release, indemnify and discharge Company, all of the Company’s landowner partners, and their respective agents, owners, managers, members, officers, partners, employees, independent contractors, volunteers, affiliates, subsidiaries, related entities, successors and assigns (“Released Parties”) on behalf of the User, their spouse, their children, parents, heirs, personal representative, estate and assigns, from liability as follows:
Users acknowledge that accessing the Properties and the participation in the Activity entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to themselves, to property, or to third parties. Users understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activity, regardless of the care taken to avoid injuries. The risks include among other things: slipping, tripping, falling or stumbling, scratches, lacerations, punctures, bruises, sprains, broken bones, concussions, eye injury, loss of sight, joint or back injuries, heart attacks, adverse weather, lighting strikes, rock falls, floods, attacks or trampling by wild or domestic animals, dangerous conditions existing on the Properties, drowning, paralysis and death. Company and the Released Parties have difficult jobs to perform and while they seek safety, they are not infallible. They may be unaware of a Client’s medical condition, well-being, fitness, or abilities. They may give incomplete warnings or instructions, and the equipment being used may become loose, out of adjustment, or malfunction. There is also a risk that Company and the Released Parties may be negligent in, among other things, monitoring and supervising use of equipment, in the maintenance and repair of the equipment, and in the maintenance of the Properties.
USERS HAVE READ THE PREVIOUS PARAGRAPHS AND I KNOW, UNDERSTAND, AND APPRECIATE THE RISKS THAT ARE INHERENT TO THE ACTIVITY. USERS HEREBY EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE RISKS AND UNDERSTAND THEIR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY AND USERS ELECT TO PARTICIPATE IN SPITE OF THESE RISKS.
USERS HEREBY VOLUNTARILY RELEASE, WAIVE, FOREVER DISCHARGE, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, COMPANY AND THE RELEASED PARTIES, FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, WHICH ARE IN ANY WAY CONNECTED WITH THEIR PARTICIPATION IN THE ACTIVITY, ACCESS TO OR USE OF THE PROPERTIES, AND/OR USE OF COMPANY’S OR THE RELEASED PARTIES’, EQUIPMENT OR FACILITIES, INCLUDING, WITHOUT LIMITATION ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF COMPANY OF THE RELEASED PARTIES, OR RELATING TO A DANGEROUS CONDITION EXISTING ON THE PROPERTIES.
Indemnification and Hold Harmless: Users agree to indemnify and hold harmless Company and the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees and court costs incurred, as a result of my participation in the Activity, access to or use of the Properties, and/or use of Company’s or the Released Parties’ equipment or facilities. In the event User files a lawsuit against Company or any of the Released Parties Users agree to do so exclusively in the State District Court in the City and County of Denver Court and hereby waive all rights to a trial by jury. Colorado law shall apply.
Severability: The undersigned further expressly agrees that the foregoing Release and Assumption of Risk agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado and that if any portion hereof is found to be void or unenforceable, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: Users have read this Release and Assumption of Risk, fully understand its terms, and understand that they are giving up substantial rights, including their rights to sue and to a jury. Users acknowledge that they are agreeing to this Release and Assumption of Risk freely and voluntarily, and intend by their agreement to this Release to be a complete and unconditional release of ALL liability of Company the Released Parties to the greatest extent allowed by law.
- Booking Modifications, Cancellations and Refunds
9.1 Landowners and Guests are responsible for any modifications to a booking that they make via the Rarewaters Platform or direct Rarewaters customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Landowner Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Subject to Section 9.4, below, Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Landowner.
9.3 If a Landowner cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking.
9.4 Unless otherwise set forth in the Listing, If a Guest cancels a confirmed booking more than 48 hours from the time a booking has been confirmed by the Landowner, the Guest will not receive a refund. This policy is to protect Landowners from potentially losing their only opportunities to make money from their properties due to the nature of certain Activities and the limited time windows available for them.
- Ratings and Reviews
10.1 Within a certain time frame after completing a booking, Guests and Landowners can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of Rarewaters. Ratings and Reviews are not verified by Rarewaters for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Landowners must be accurate and may not contain any offensive or defamatory language.
10.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
10.4 Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the Rarewaters Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
- Damage to Property, Disputes between Users
11.1 As a Guest, you are responsible for leaving the Landowner’s property in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any member of your party.
12.1 As a Landowner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
- Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Rarewaters Platform. In connection with your use of the Rarewaters Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the Rarewaters Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Rarewaters endorsement, partnership or otherwise misleads others as to your affiliation with Rarewaters;
- use the Rarewaters Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Landowner, access to property that you do not yourself own or have permission to make available through the Rarewaters Platform;
- contact another User for any purpose other than asking a question related to your own booking, Listing, or the User’s use of the Rarewaters Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
- use the Rarewaters Platform to request, make or accept a booking independent of the Rarewaters Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Rarewaters Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Rarewaters harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Rarewaters Platform or Collective Content, or any individual element within the Rarewaters Platform, Rarewaters’s name, any Rarewaters trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Rarewaters Platform, without Rarewaters’s express written consent;
- dilute, tarnish or otherwise harm the Rarewaters brand in any way, including through unauthorized use of Collective Content, registering and/or using Rarewaters or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Rarewaters domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robot, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Rarewaters Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Rarewaters or any of Rarewaters’s providers or any other third party to protect the Rarewaters Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Rarewaters Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Rarewaters Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that Rarewaters has no obligation to monitor the access to or use of the Rarewaters Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Rarewaters Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Rarewaters in good faith, and to provide Rarewaters with such information and take such actions as may be reasonably requested by Rarewaters with respect to any investigation undertaken by Rarewaters or a representative of Rarewaters regarding the use or abuse of the Rarewaters Platform.
13.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rarewaters by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective until such time when you or Rarewaters terminate the Agreement in accordance with this Section 14.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Rarewaters Account as a Landowner, your remaining obligations are outlined in Section 7. If you cancel your Rarewaters Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Without limiting our rights specified below, Rarewaters may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
- cancel any pending or confirmed bookings;
- limit your access to or use of the Rarewaters Platform;
- temporarily or permanently suspend your Rarewaters Account and stop providing access to the Rarewaters Platform.
14.6 When this Agreement has been terminated, you are not entitled to a restoration of your Rarewaters Account or any of your User Content. If your access to or use of the Rarewaters Platform has been limited or your Rarewaters Account has been suspended or this Agreement has been terminated by us, you may not register a new Rarewaters Account or access and use the Rarewaters Platform through a Rarewaters Account of another User.
14.7 This Section 14.7 and Sections 5 and 15 to 21 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Rarewaters Platform or Collective Content, you do so voluntarily and at your sole risk. The Rarewaters Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Rarewaters Services, laws, rules, or regulations that may be applicable to your Listings and/or Landowner Services you are receiving and that you are not relying upon any statement of law or fact made by Rarewaters relating to a Listing.
YOU AGREE THAT SOME LANDOWNER SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME LANDOWNER SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE LANDOWNER SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A LANDOWNER SERVICE. IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL GUEST, YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR LANDOWNER SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS RAREWATERS FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE LANDOWNER SERVICE OR IN ANY WAY RELATED TO YOUR LANDOWNER SERVICE. YOU FURTHER AGREE TO RELEASE AND HOLD HARMLESS LANDOWNER FROM ALL LIABILITY AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO YOU OR A MINOR DURING YOUR PARTICIPATION IN THE LANDOWNER SERVICES, OTHER THAN ANY SUCH INJURY, DEATH, LOSS OR HARM ARISING FROM LANDOWNER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE RAREWATERS PLATFORM AND COLLECTIVE CONTENT, YOUR PUBLISHING OR BOOKING OF ANY LISTING VIA THE RAREWATERS PLATFORM, YOUR PARTICIPATION LANDOWNER SERVICE, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RAREWATERS NOR ANY OTHER PARTY, INCLUDING ANY RETAIL LOCATIONS AT WHICH YOU MADE AN ACCOUNT OR LANDOWNER SERVICE RESERVATION, INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE RAREWATERS PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE RAREWATERS PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE RAREWATERS PLATFORM, OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF A LISTING’S LANDOWNER SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAREWATERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In no event will Rarewaters’s aggregate liability arising out of or in connection with these Terms and your use of the Rarewaters Platform including, but not limited to, from your publishing or booking of any Listings via the Rarewaters Platform, or from the use of or inability to use the Rarewaters Platform or Collective Content and in connection with any Landowner Service or any interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Rarewaters Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Landowner, the amounts paid by Rarewaters to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The assumption of liability and limitations of damages set forth above are fundamental elements of the basis of the bargain between Rarewaters and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In addition, each Guest, on behalf of himself and each member and/or guest of Guest, agrees to indemnify, defend, and save and hold the Landowner, its affiliates, and all of their agents, contractors, and employees (collectively, the “Landowner Indemnified Parties”) free and harmless for, from, and against any and all liens, claims, loss, injury, costs, liability, demands, causes of action, and/or damages including any incidental and consequential expenses/damages incurred by the Landowner Indemnified Parties associated with or at all attributable to (directly or indirectly) any injury to or death of persons or damage to property (including but not in any way limited to the Landowner’s property and costs and attorney fees incurred in defense), in whole or in part caused by, associated with, or in any way attributable to (directly or indirectly), the condition of the Landowner’s property and/or by acts of commission, omission or negligence on the part of the Guest, his guests, agents or employees, (including trespass onto neighboring lands), arising in conjunction with access to the Landowner Services, whether such loss or liability is caused or contributed to by any act of the Landowner Indemnified Parties or by the condition of the Landowner’s property, including the conditions of any private roads, bridges, drainage structures, gates, or other infrastructure installed or maintained by any of the Landowner Indemnified Parties
- Dispute Resolution
You agree that all matters relating to your access to or use of the Rarewaters Platform, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Rarewaters and you arising out of or in connection with your use of the Rarewaters Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rarewaters Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Rarewaters Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Applicable Law
These Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions.
- General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Rarewaters and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Rarewaters and you in relation to the access to and use of the Rarewaters Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Rarewaters as a result of this Agreement or your use of the Rarewaters Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 Rarewaters’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Rarewaters’s prior written consent. Rarewaters may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Rarewaters via email, Rarewaters Platform notification, or messaging service (including SMS and WeChat).
21.8 It is Rarewaters’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Rarewaters by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Rarewaters Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Rarewaters Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Rarewaters’s Copyright Agent for notice of claims of copyright infringement is as follows: Rarewaters, LLC, firstname.lastname@example.org.
21.9 If you have any questions about these Terms please email us at email@example.com.